Water Environment (Abstractions and Associated Impoundments) Act 2022

Number 48 of 2022

WATER ENVIRONMENT (ABSTRACTIONS AND ASSOCIATED IMPOUNDMENTS) ACT 2022

REVISED

Updated to 18 June 2025

This Revised Act is an administrative consolidation of the Water Environment (Abstractions and Associated Impoundments) Act 2022. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Residential Tenancies (Amendment) Act 2025 (5/2025), enacted 19 June 2025, and all statutory instruments up to and including Planning and Development Act 2024 (Commencement) (No. 2) Order 2025 (S.I. No. 256 of 2025), made 17 June 2025, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 48 of 2022


WATER ENVIRONMENT (ABSTRACTIONS AND ASSOCIATED IMPOUNDMENTS) ACT 2022

REVISED

Updated to 18 June 2025


CONTENTS

PART 1

Preliminary and general

Section

1. Citation and commencement

2. Interpretation

3. Application of Act and supplemental provisions relating to abstractions and associated impoundments

4. Regulations and orders

5. Expenses of Minister

6. Giving of notices

7. Repeals and revocations

PART 2

Regulations for certain abstractions

8. Regulations for certain abstractions

PART 3

Exemptions

9. Exemption for certain abstractions

PART 4

Register of abstractions

10. Requirement for Agency to keep register

11. Submission of information to Agency

12. Provision of information to Agency

13. Evidential value of entries in register

PART 5

Licensing of abstractions

Chapter 1

Abstractions requiring licence

14. Interpretation (Part 5)

15. Requirement for a licence to abstract

16. Registration and licensing thresholds

17. Agency opinion that licence required

18. Identification of significant abstractions

19. Assessment of certain abstractions

20. Grant of licences

Chapter 2

Licence application and EIA

21. Application for licence for abstraction

22. Coordination of EIA

23. EIAR for an abstraction

24. Screening determination

25. Coordination of EIA with planning authority or Board

26. Submission of information for purposes of Chapter 2

27. Grant or refusal of licence application under section 21

28. Decision where application was subject to EIA

Chapter 3

Licence application requiring retrospective EIA or screening for retrospective EIA

29. Application for licence requiring retrospective EIA or screening for retrospective EIA

30. Exceptionality test

31. Retrospective EIAR

32. Retrospective screening determination

33. Consultation with planning authority

34. Submission of information for purposes of Chapter 3

35. Grant or refusal of licence application under section 29

36. Decision where application was subject to a retrospective EIA

Chapter 4

Combined application for a licence and EIA

37. Combined application for licence

38. Coordination of EIA for combined application for licence

39. Exceptionality test for combined application for licence

40. Retrospective EIAR and EIAR

41. Screening determinations for combined application for licence

42. Coordination of EIA with planning authority or Board for combined application for licence

43. Submission of information for purposes of Chapter 4

44. Grant or refusal of licence application under section 37

45. Decision where application was subject to EIA or retrospective EIA

Chapter 5

Obligations, joint licences, surrenders, transfers, reviews, revocations or suspensions

46. General provisions relating to licensee

47. Application for joint licence

48. Owner of impoundment not identified

49. Surrender of licence

50. Transfer of licence

51. Review of conditions attached to licence on application by licensee

52. Review by Agency of conditions attached to licence

53. Revocation or suspension of licence

54. Termination of suspension

55. Appeal to High Court against certain decisions of Agency

Chapter 6

Miscellaneous provisions relating to licences

56. Judicial review

57. Regulations relating to licences

58. Agency guidelines

59. Clerical or technical amendment of licence

PART 6

Abstraction by Irish Water

Chapter 1

Public abstraction by Irish Water

60. Definitions and provision relating to notices

61. Power to carry out public abstraction

62. Notice of proposal to carry out public abstraction

63. Provision supplemental to section 62

64. Objection to proposal to carry out public abstraction

65. No objection or objection withdrawn

66. Consideration of objection by Board

67. Decision by Board in respect of objection

68. Provision supplemental to section 67

69. Claim for compensation

70. Determination of claim for compensation

71. Recovery of compensation

72. Double compensation

73. Regulations relating to public abstraction

Chapter 2

Temporary Abstraction by Irish Water

74. Temporary abstraction

75. Notice of proposal to carry out a temporary abstraction

76. Temporary nature of abstraction

77. Requirement for licence for temporary abstraction

78. Emergency abstraction

79. Notice of emergency abstraction

80. Application for exemption

81. Appeal to District Court against notice of temporary abstraction

82. Claim for compensation for temporary or emergency abstraction

Chapter 3

Abstraction by Irish Water from reservoirs of Electricity Supply Board

83. Abstraction by Irish Water from reservoirs of Electricity Supply Board

PART 7

Waterways Ireland

84. Abstraction from navigable waters

85. Abstraction from canals

86. Operation and maintenance of navigable water by Waterways Ireland

PART 8

Electricity Supply Board

87. Operation and safety of hydro-electric schemes

PART 9

Enforcement

88. Definitions (Part 9)

89. Regulations for purpose of environmental inspections

90. Functions of local authorities under this Part

91. Authorised person appointed by local authority

92. Functions of Agency under this Part

93. Authorised person appointed by Agency

94. Power of authorised person to enter premises

95. Powers of authorised person

96. Warrant required to enter certain premises

97. Local authority may give compliance notice

98. Agency may give compliance notice

99. Supplemental provisions relating to compliance notices

100. Appeal against or application to suspend compliance notice

101. Application to Court

102. False or misleading information

103. Obstruction

104. Offences and penalties

105. Offence by body corporate

106. Continuing offence

107. Evidentiary presumptions

108. Prosecution by local authority

109. Prosecution by Agency

PART 10

Miscellaneous and transitional provisions

110. Minister may give general policy directives to Agency

111. Transitional arrangements consequent upon repeal of Act of 1942

112. Transitional provisions consequent upon repeal of Local Government (Sanitary Services) Act 1964

113. Transitional arrangements consequent upon revocation of Regulations of 2018

PART 11

Amendment of other acts

114. Amendment of Canals Act 1986

115. Amendment of Act of 1990

116. Amendment of Act of 2000

SCHEDULE



Number 48 of 2022


WATER ENVIRONMENT (ABSTRACTIONS AND ASSOCIATED IMPOUNDMENTS) ACT 2022

REVISED

Updated to 18 June 2025


An Act to provide for the regulation of water abstractions and their associated impoundments; to give further effect to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20001 establishing a framework for Community action in the field of water policy; to provide for the Minister for Housing, Local Government and Heritage to regulate water abstractions not requiring a licence; to provide for the Minister to make regulations to exempt certain categories of water abstraction from certain requirements of the Act; to provide for the establishment of a register of water abstractions; to provide for licensing of water abstractions; to provide for the Minister to specify by order the daily rate of an abstraction that requires registration and licensing; to provide for the conferral of licensing and certain enforcement functions on the Environmental Protection Agency; to give further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20112 on the assessment of the effects of certain public and private projects on the environment amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20143; to provide for Irish Water to carry out abstractions for the purpose of the performance of its functions; to provide for certain temporary and emergency abstractions required to be carried out by Irish Water and for those abstractions to be exempt from certain requirements of the Act; to provide for compensation for certain abstractions carried out by Irish Water; to provide for abstractions by Irish Water from reservoirs of the Electricity Supply Board; to provide for particular arrangements relating to abstractions from canals or navigable waters; to confer certain enforcement functions on local authorities; to repeal the Water Supplies Act 1942 and certain provisions of the Local Government (Sanitary Services) Act 1964 and the Local Government (Water Pollution) Act 1977 and to revoke the European Union (Water Policy) (Abstractions Registration) Regulations 2018 (S.I. No. 261 of 2018); to amend the Canals Act 1986, the Shannon Navigation Act 1990 and the Planning and Development Act 2000; and to provide for related matters.

[20th December, 2022]

Be it enacted by the Oireachtas as follows:

Annotations

Modifications (not altering text):

C1

Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh Chomhairleoir

23.  (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh Chomhairleoir

25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.

(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections 10 and 23

Number and Year

(1)

Provision

(2)

Extent of Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.

PART 2

Enactments for Purposes of Sections 10 and 26

Number and Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 48 of 2022

Water Environment (Abstractions and Associated Impoundments) Act 2022

Sections 90, 91, 97, 101 and 108.

...

...

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