Water Environment (Abstractions and Associated Impoundments) Act 2022

Water Environment (Abstractions and Associated Impoundments) Act 2022 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Water Environment (Abstractions and Associated Impoundments) Act 2022 Water Environment (Abstractions and Associated Impoundments) Act 2022 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 48 of 2022 WATER ENVIRONMENT (ABSTRACTIONS AND ASSOCIATED IMPOUNDMENTS) ACT 2022 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 Acts Referred to Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57) Canals Act 1986 (No. 3) Companies Act 2014 (No. 38) Electricity (Supply) (Amendment) (No. 2) Act 1934 (No. 38) Electricity (Supply) (Amendment) Act 1931 (No. 32) Electricity (Supply) (Amendment) Act 1934 (No. 6) Electricity (Supply) (Amendment) Act 1945 (No. 12) Electricity (Supply) (Amendment) Act 1961 (No. 2) Electricity (Supply) Act 1927 (No. 27) Environmental Protection Agency Act 1992 (No. 7) Lands Clauses Consolidation Act 1845 (8 & 9 Vict.) c. 18 Liffey Reservoir Act 1936 (No. 54) Local Government (Sanitary Services) Act 1964 (No. 29) Local Government (Water Pollution) Act 1977 (No. 1) Local Government Act 2001 (No. 37) Planning and Development Act 2000 (No. 30) Shannon Electricity Act 1925 (No. 26) Shannon Fisheries Act 1935 (No. 4) Shannon Fisheries Act 1938 (No. 7) Shannon Navigation Act 1990 (No. 20) Water Services (No. 2) Act 2013 (No. 50) Water Services Act 2007 (No. 30) Water Supplies Act 1942 (No. 1) Wildlife (Amendment) Act 2000 (No. 38) Wildlife Act 1976 (No. 39) Number 48 of 2022 WATER ENVIRONMENT (ABSTRACTIONS AND ASSOCIATED IMPOUNDMENTS) ACT 2022 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: PART 1 Preliminary and general Citation and commencement 1. (1) This Act may be cited as the Water Environment (Abstractions and Associated Impoundments) Act 2022. (2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation 2. (1) In this Act— “abstraction” has the meaning given to it by section 3 (1); “abstraction point” means the point at which an abstraction takes place and includes any borehole, well, sump or inlet pipe; “Act of 1942” means the Water Supplies Act 1942 ; “Act of 1990” means the Shannon Navigation Act 1990 ; “Act of 1992” means the Environmental Protection Agency Act 1992 ; “Act of 2000” means the Planning and Development Act 2000 ; “Agency” means the Environmental Protection Agency; “applicant” means a person who applies for a licence in accordance with section 21 , 29 or 37 ; “associated impoundment” has the meaning given to it by section 3 (5); “Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20094 on the conservation of wild birds, amended by Council Directive 2013/17/EU of 13 May 20135 and Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 20196 ; “Board” means An Bord Pleanála; “body of groundwater” means a distinct volume of groundwater within an aquifer or aquifers; “body of surface water” means a discrete and significant element of surface water such as a lake, a reservoir, a stream, river or canal, or part of a stream, river or canal; “canal” means the Royal Canal, the Grand Canal, the Grand Canal Barrow line, and the canalised section of the Shannon Erne Waterway; “cease carrying out an abstraction” means, in relation to an abstraction, discontinuing the abstraction permanently; “compliance notice” means a compliance notice given by a local authority under section 97 or given by the Agency under section 98 ; “daily rate”, in relation to an abstraction, means the volume of water abstracted in any 24 hour period; “development” has the same meaning as it has in the Act of 2000; “District Court” means the District Court in the district court district in which the abstraction takes place; “ecological status” is an expression of the quality of the structure and functioning of aquatic ecosystems associated with surface waters when so classified by the Agency in accordance with the Regulations of 2009; “EIA Directive” means Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20117 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 20148 ; “enactment” means— (a) an Act of the Oireachtas, (b) a statute that was in force in Saorstát Éireann immediately before the date of coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or (c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b); “environmental objectives” means— (a) in relation to a body of surface water, the objectives established by Article 28 of the Regulations of 2009, subject to the application of Articles 29 to 34 of those Regulations, (b) in relation to a body of groundwater, the objectives established by Regulation 4(b) of the Regulations of 2010, subject to the application of Regulations 16 to 20 of those Regulations, or (c) in relation to a protected area, the standards and objectives established by the Birds Directive, the Habitats Directive or the Regulations of 2011, as the case may be, under which the protected area has been designated; “ESB” means the Electricity Supply Board; “European Site” has the same meaning as it has in the Regulations of 2011; “groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil; “groundwater status” means the status of a body of groundwater that is determined by the poorer of its quantitative status and its chemical status as classified by the Agency in accordance with the Regulations of 2010; “Habitats Directive” means Council Directive 92/43/EEC of 21 May 19929 on the conservation of natural habitats and of wild fauna and flora amended by Council Directive 97/62/EC of 27 October 199710 , Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 200311 , Council Directive 2006/105/EC of 20 November 200612 and Council Directive 2013/17/EU of 13 May 201313 ; “hydrological regime” means— (a) in relation to a river, the quantity and dynamics of flow in the river together with the resultant connection to groundwater, (b) in relation to a lake, the quantity and dynamics of flow, lake water level and the estimated time for replacement of all of its water and the resultant connection to groundwater, and (c) in relation to a body of groundwater, the level of groundwater, including any alterations to its flow direction brought about by anthropogenic changes to the water level of the body of groundwater, together with the resultant connection to surface water and terrestrial ecosystems which depend directly on the body of groundwater; “impoundment” has the meaning given to it by section 3 (10); “joint licence” has the meaning given to it by section 47 (1); “local authority” has the same meaning as it has in the Local Government Act 2001 ; “licence” means a licence granted under section 27 , 35 or 44 ; “licensee” means the holder or holders of a licence; “licensing threshold” means— (a) the daily rate prescribed under section 16 (1)(b), or (b) if no rate is prescribed under that section, 2,000 cubic metres or more in any 24 hour period; “Minister” means the Minister for Housing, Local Government and Heritage; “morphological condition” means— (a) in relation to a river, its channel patterns, width and depth variation and flow velocities as well as the condition of its substrate and the structure and condition of its riparian zones, and (b) in relation to a lake, its depth variation, the quantity and structure of its substrate and the structure and condition of the lake shore zone; “navigable water” shall not include a canal and means— (a) the Shannon navigation, within the meaning of the Act of 1990, and (b) the Ballinamore and Ballyconnell navigation, within the meaning of section 5 of the Act of 1990, (c) the Erne and Lough Oughter navigation, within the meaning of section 5 of the Act of 1990, and (d) the Barrow navigation; “planning authority” has the same meaning as it has in the Act of 2000; “prescribe” means prescribe by regulations made by the Minister under this Act or by order made by the Minister under section 16 or section 80 ; “protected area” means an area designated as requiring special protection under the Birds Directive, the Habitats Directive or the Regulations of 2011 for the protection of its surface water and groundwater or for the conservation of habitats and species of European sites directly dependent on water, and entered in the register established by the Agency in accordance with Article 8 of the Regulations of 2003; “public abstraction” means an abstraction or increase of an abstraction by Irish Water for the purpose of the performance by Irish Water of any of its functions under any enactment; “public authority” means a body specified in the Schedule ; “quantitative status” is an expression of the degree to which a body of groundwater is affected by direct or indirect abstraction as determined by the Agency in accordance with the test procedures specified in Schedule 3 to the Regulations of 2010; “register” means the register of abstractions established under section 10 ; “registration threshold” means— (a) the daily rate prescribed under section 16 (1)(a), or (b) if no rate is prescribed under that section, 25 cubic metres or more in any 24 hour period; “Regulations of 2001” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ); “Regulations of 2003” means the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ); “Regulations of 2009” means the European Communities Environmental Objectives (Surface Waters) Regulations 2009 ( S.I. No. 272 of 2009 ); “Regulations of 2010” means the European Communities Environmental Objectives (Groundwater) Regulations 2010 ( S.I. No. 9 of 2010 ); “Regulations of 2011” means the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ); “Regulations of 2018” means the European Union (Water Policy) (Abstractions Registration) Regulations 2018 ( S.I. No. 261 of 2018 ); “River Basin Management Plan” means a plan made under Regulation 13 of the Regulations of 2003; “river continuity” means the level of anthropogenic disturbance to a water body of a river affecting the undisturbed migration of aquatic organisms and the transport of sediment along that water body; “significant abstraction” shall be construed in accordance with section 18 (1); “single abstraction” shall be construed in accordance with section 3 (3); “surface water” means all standing or flowing fresh water on the surface of the land; “surface water status” means the status of a body of surface water that is determined by the poorer of its ecological status and its chemical status as classified by the Agency in accordance with the Regulations of 2009; “transboundary state” means any state, other than Ireland, which is a party to the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland) on 25 February 1991; “water body” means a body of surface water or a body of groundwater; “water environment” means any, or any part of any, water body; “Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 200014 establishing a framework for Community action in the field of water policy; “works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal. (2) A word or expression that is used in this Act and is also used in the EIA Directive or the Water Framework Directive has, unless the context otherwise requires, the same meaning in this Act as it has in the Directive concerned. Application of Act and supplemental provisions relating to abstractions and associated impoundments 3. (1) This Act shall apply to the removal or diversion of water from the water environment (in this Act referred to as an “abstraction”). (2) An abstraction may be carried out by mechanical means, through a pipe, or by diverting the flow of water or by means of a structure or works for that purpose. (3) Two or more abstractions from different abstraction points in the same water body which join to form one abstraction serving the same person shall be considered to be a single abstraction for the purposes of— (a) the registration threshold, and (b) the licensing threshold. (4) An abstraction may be carried out for the purpose of transfer of water from one part of the water environment to another. (5) This Act shall apply to an impoundment where an abstraction cannot be carried out without an impoundment (in this Act referred to as an “associated impoundment”). (6) In this Act, unless the context otherwise requires, a reference to an abstraction which cannot be carried out without an impoundment shall include a reference to its associated impoundment. (7) A reference in this Act to a licence includes a reference to a joint licence. (8) Where a joint licence is granted, a reference in this Act to a licensee includes a reference to the persons carrying out the abstraction and operating the associated impoundment the subject of that licence. (9) This Act shall apply to a licence amended under section 51 or 52 as it applies to a licence and a reference in this Act to a licence includes a reference to a licence so amended. (10) In this section, “impoundment” means the doing of anything whereby the water level or flow in surface waters or the continuity of the morphological condition of a body of surface water is permanently or temporarily changed by means of a structure, including a dam or weir, situated in the water and built or maintained for the purpose of an abstraction or works situated in the water and carried out for that purpose. Regulations and orders 4. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed and different regulations may be made in respect of different classes of persons or matters the subject of the prescribing concerned and for different circumstances or classes of circumstances in relation to such different matters or different classes of matters. (2) Regulations under this Act or an order under section 16 or 80 may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations or order. (3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. (4) An order under section 16 shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House. Expenses of Minister 5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. Giving of notices 6. (1) Subject to subsections (2) and (4), a notice that is required to be given to a person under this Act shall be in writing and addressed to the person concerned by name, and may be so given to the person in one or more than one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address; (d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice relates to land, by delivering it to a person over the age of 16 years resident or employed at the land, or by affixing it in a conspicuous position at or near the land; (e) by electronic means to the e-mail address of the person, in a case in which the person giving the notice concerned reasonably believes that the e-mail address is being used by the first mentioned person. (2) Where a notice under this Act is to be given to a person who is the owner or occupier of land and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”. (3) Where a notice under this Act is to be given— (a) to the owner of land and there are 2 or more co-owners of the land, it shall be sufficient to give notice to one or more of those co-owners, or (b) to the occupier of land and there are 2 or more persons who share occupation of the land, it shall be sufficient to give notice to one or more of those persons. (4) For the purpose of this section, a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business. Repeals and revocations 7. (1) Each of the following is repealed: (a) the Act of 1942; (b) section 4 of the Local Government (Sanitary Services) Act 1964 ; (c) subsections (2) and (8) of section 9 of the Local Government (Water Pollution) Act 1977 . (2) The Regulations of 2018 are revoked. PART 2 Regulations for certain abstractions Regulations for certain abstractions 8. (1) The Minister, as soon as practicable after the coming into operation of this section, and following consultation with the Agency, shall make regulations for the purpose of regulating— (a) an abstraction in respect of which a licence is not required under this Act, and (b) an abstraction that was being carried out immediately before the coming into operation of section 15 in respect of which a licence is required under this Act, until such time as the Agency makes a decision to grant the licence. (2) Without prejudice to the generality of subsection (1), regulations under this section may prescribe all or any of the following: (a) requirements in relation to measuring or estimating the daily rate and the maintenance of records relating to the daily rate; (b) limits on the rate of water that may be abstracted from a body of surface water having regard to the surface water status; (c) measures to provide for the migration of fish and other aquatic species, including the maintenance of natural flow patterns and sediment transport within a body of surface water; (d) controls relating to the abstraction of groundwater to protect the quantitative status of a body of groundwater including, in particular, terrestrial ecosystems associated with and dependent on that body of groundwater; (e) requirements in relation to the maintenance of pipework, storage tanks and other equipment associated with an abstraction for the purposes of controlling water leakage; (f) requirements in relation to the construction, extension and operation of any well, borehole or other works through which water may be abstracted in order to avoid the entry of pollutants or water of a different chemical composition into the water environment; (g) requirements in relation to the introduction of drilling fluids into a well or borehole in order to test the hydraulic properties of an aquifer; (h) requirements in relation to a well or borehole which is no longer required for an abstraction, including backfilling or sealing to the extent necessary to prevent loss of groundwater from an aquifer and to avoid the entry of pollutants or water of a different chemical composition into the water environment. (3) Regulations under this section may— (a) prescribe different requirements, limits, measures or controls by reference to different environmental objectives and different classes of abstraction, and (b) prescribe periods within which persons or different classes of person carrying out an abstraction are required to comply with different requirements, limits, measures or controls. (4) A person who contravenes a provision of regulations made under this section that is declared in the regulations to be a penal provision shall be guilty of an offence. (5) The Minister shall, from time to time for the purpose of achieving the environmental objectives, conduct a review of the operation of regulations made under this section. (6) In conducting a review under subsection (5), the Minister shall consult as appropriate with the Agency. PART 3 Exemptions Exemption for certain abstractions 9. (1) The Minister may by regulations prescribe certain abstractions or activities relating to abstractions to be exempt from regulations under section 8 or the requirements of section 11 where he or she is satisfied that prescribing the abstraction or activity to be so exempt has or will have no significant impact on surface water status or groundwater status. (2) Before prescribing under subsection (1), the Minister shall consult with and consider any recommendations of the Agency and the Minister shall have regard to— (a) the environmental objectives for the water body concerned, (b) the obligation to protect species and habitats under the Habitats Directive and Birds Directive, and (c) the requirements of the EIA Directive. (3) Without prejudice to the generality of subsection (1), the following abstractions or activities relating to abstractions may be prescribed: (a) an abstraction from a borehole or well to provide drinking water to a domestic dwelling; (b) a temporary abstraction to facilitate the carrying out of works; (c) an abstraction stored in an impoundment or an artificial storage pond built for the purpose of storing water which receives its inflow from an abstraction entered in the register; (d) an abstraction for testing or investigative reasons; (e) a temporary abstraction to facilitate any works or operations authorised by or under an enactment; (f) an abstraction that is required for fire-fighting; (g) works relating to an associated impoundment of an exempted abstraction; (h) such other abstraction or activity relating to an abstraction as the Minister may prescribe. (4) Regulations under this section may provide for all or any of the following matters: (a) the nature, scale and duration of the abstraction or activity relating to an abstraction; (b) the application of the exemption to all or part of the State; (c) the volume of water that may be abstracted in any 24 hour or other period; (d) any other requirement or condition which the Minister considers necessary. (5) A person who contravenes a provision of regulations made under this section declared in the regulations to be a penal provision shall be guilty of an offence. PART 4 Register of abstractions Requirement for Agency to keep register 10. (1) The Agency shall, as soon as practicable after the coming into operation of this section, establish and maintain a register. (2) The register shall comprise of parts consisting of such particulars, provided to the Agency under and in accordance with this Act, as it considers appropriate to enter in the register relating to— (a) every abstraction which meets or exceeds the registration threshold, other than an abstraction which requires a licence, (b) every abstraction for which a licence is granted and in force, and (c) every public abstraction to which Chapter 2 of Part 6 applies. (3) The register shall be maintained in such form, including electronic form, as the Agency may determine. (4) The Agency shall, in relation to an entry in the register— (a) correct a clerical inaccuracy or error that it becomes aware of, (b) record a change in circumstances that is likely to have a bearing on the accuracy of the entry, (c) record a surrender of a licence under section 49 including as appropriate any conditions to which the surrender is subject, (d) record a transfer of a licence under section 50 including the name of the person to whom the licence is transferred, and any other matter relating to the transfer as it considers appropriate, (e) record a change in conditions attached to a licence following a review under section 51 or 52 , (f) record a revocation or suspension of a licence under section 53 , (g) record a termination of a suspension under section 54 , and (h) record an amendment of a licence of a clerical or technical nature under section 59 . (5) The register shall be kept at the principal office of the Agency. (6) The Agency shall make the register available for inspection by any person free of charge during office hours, and provide a copy of an entry in the register, or an extract from an entry, to any person on request free of charge. (7) The Agency may publish any of the information contained in the register as it considers appropriate on the internet or in such other manner as it considers appropriate. Submission of information to Agency 11. (1) A person who carries out an abstraction referred to in section 10 (2)(a) shall give notice of that abstraction to the Agency, in such manner and form as the Agency may specify, within one month of the commencement of the abstraction, for entry by the Agency in the register. (2) Information submitted to the Agency under subsection (1) shall, in the case of a single abstraction, be submitted in respect of each abstraction point. (3) Where an abstraction which meets or exceeds the registration threshold and its associated impoundment are carried out and operated by different persons, information submitted to the Agency under subsection (1) shall be submitted— (a) by the person carrying out the abstraction, on the persons own behalf and on behalf of the person operating the associated impoundment, or (b) jointly by both of those persons, and in both cases each person shall be responsible jointly and severally for the accuracy of the information so submitted. (4) A notice under subsection (1) shall— (a) state the name, address and contact details of the person or persons carrying out the abstraction, (b) state the postal address and location, including the grid coordinates, of the abstraction point, (c) state the name, address and contact details, if applicable, of a person registering the abstraction on behalf of the person referred to in paragraph (a), (d) contain details in relation to the source and purpose of the abstraction, (e) include copies of any planning permission, other authorisations or court orders relating to the abstraction, (f) specify the maximum daily rate, and (g) include such other information as the Agency may require, including the proposed duration of the abstraction and details of any associated impoundment. (5) The Agency shall, as soon as is practicable after the particulars of an abstraction have been entered in the register, issue a registration number to the person carrying out the abstraction. (6) An abstraction referred to in section 10 (2)(a) may be transferred by the person who carries out the abstraction to any person provided the first mentioned person— (a) gives notice to the Agency of the transfer within one month after the date of that transfer, (b) provides such particulars in relation to the transfer as the Agency may require, and (c) provides information relating to the abstraction, including the registration number, to the person to whom the abstraction is to be transferred. (7) Where an abstraction is transferred under subsection (6), the person to whom that abstraction is transferred shall within one month after the date of the transfer give notice to the Agency of any change to the information specified in subsection (4) and the Agency shall amend the register as it considers necessary. (8) Where a person ceases carrying out an abstraction referred to in section 10 (2)(a), he or she shall give notice to the Agency of the cessation within one month after the date of that cessation and the Agency shall amend the register as it considers necessary. (9) The entry of an abstraction in the register shall not be construed as authorising that abstraction. (10) A person who fails to comply with subsection (1), (6), (7) or (8) shall be guilty of an offence. Provision of information to Agency 12. (1) The Agency may request a person carrying out an abstraction to submit such information as the Agency reasonably considers necessary for the purposes of the register within the period and in the manner specified by the Agency. (2) A person carrying out an abstraction referred to in section 10 (2)(a) shall give notice to the Agency of any material change to the particulars specified in section 11 (4). (3) A person carrying out an abstraction referred to in section 10 (2)(b) shall give notice to the Agency of any material change to the particulars furnished to the Agency on foot of an application under Part 5 within one month after becoming aware of the change and the Agency shall amend the register as it considers necessary. (4) A person who fails to comply with a request under subsection (1) shall be guilty of an offence. (5) A person who contravenes subsection (2) or (3) shall be guilty of an offence. Evidential value of entries in register 13. (1) Every document purporting to be a copy of an entry in the register and purporting to be certified by an officer of the Agency to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was that officer, be received in evidence in any legal proceedings and shall, unless the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry. (2) Evidence of an entry in the register may be given by production of a copy of it certified under this section and it shall not be necessary to produce the register itself. (3) If the register is kept otherwise than in legible form, references in this section to a copy of an entry in the register shall be construed as including references to a legible copy or reproduction of an entry in the register. PART 5 Licensing of abstractions Chapter 1 Abstractions requiring licence Interpretation (Part 5) 14. (1) In this Part— “combined application for a licence” has the meaning given to it by section 37 (1); “development plan” has the same meaning as it has in the Act of 2000; “EIA portal” has the same meaning as it has in the Act of 2000; “EIAR” means an environmental impact assessment report of the effects on the environment, if any, which can reasonably be expected to occur because of the proposed abstraction and prepared in accordance with section 23 (2) and regulations made under section 57 ; “EIA” means an environmental impact assessment— (a) consisting of— (i) the preparation of an EIAR by the applicant, (ii) the carrying out of consultations in accordance with this Act and regulations made under section 57 , (iii) the examination by the Agency of— (I) the information presented in the EIAR, (II) any supplementary information provided, where necessary, by the applicant in accordance with section 23 (6) or section 26 (1), and (III) any relevant information received through the consultations carried out pursuant to subparagraph (ii), (iv) the reasoned conclusion of the Agency on the significant effects of the proposed abstraction on the environment, taking into account the results of the examination carried out pursuant to subparagraph (iii) and, where appropriate, its own supplementary examination, and (v) the integration of the reasoned conclusion of the Agency into the Agency’s decision on the licence application, and (b) which includes an examination, analysis and evaluation, carried out by the Agency in accordance with this Act and regulations made under section 57 , that identifies, describes and assesses, in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed abstraction, including significant effects derived from the vulnerability of the abstraction to risks of major accidents and disasters relevant to it on— (i) population and human health, (ii) biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Birds Directive, (iii) land, soil, water, air and climate, (iv) material assets, cultural heritage and the landscape, and (v) the interaction between the factors mentioned in subparagraphs (i) to (iv); “grant of permission” means— (a) a grant of permission for development under Part III of the Act of 2000, (b) an approval for development under section 175, 177AE, 181(2L), 181B, 182B, 182D or 226 of the Act of 2000, or (c) a grant of substitute consent under section 177K of the Act of 2000; “local area plan” has the same meaning as it has in the Act of 2000; “retrospective EIA” means a retrospective environmental impact assessment— (a) consisting of— (i) the identification of the existence of exceptional circumstances within the meaning of section 30 (3), (ii) the preparation of a retrospective EIAR by the applicant, (iii) the carrying out of consultations in accordance with this Act and regulations made under section 57 , (iv) the examination by the Agency of— (I) the information presented in the retrospective EIAR, (II) any supplementary information provided, where necessary, by the applicant in accordance with section 23 (6), as modified by section 31 (3), or section 40 (2) as the case may be, section 26 (1), as modified by section 34 , section 30 (2) or that section as modified by section 39 (2) as the case may be, and section 43 (1), and (III) any relevant information received through the consultations carried out pursuant to subparagraph (iii), (v) the reasoned conclusion of the Agency on the significant effects of the abstraction on the environment, taking into account the results of the examination carried out pursuant to subparagraph (iv) and, where appropriate, its own supplementary examination, and (vi) the integration of the reasoned conclusion of the Agency into the Agency’s decision on the licence application, and (b) which includes an examination, analysis and evaluation, carried out by the Agency in accordance with this Act and regulations made under section 57 , that identifies, describes and assesses, in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the abstraction, including significant effects derived from the vulnerability of the abstraction to risks of major accidents and disasters relevant to it on— (i) population and human health, (ii) biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Birds Directive, (iii) land, soil, water, air and climate, (iv) material assets, cultural heritage and the landscape, (v) the interaction between the factors mentioned in subparagraphs (i) to (iv); “retrospective EIAR” means a retrospective environmental impact assessment report of the effects on the environment, if any, which have occurred, which are occurring or which can reasonably be expected to occur because of the abstraction and prepared in accordance with section 31 (2) and regulations made under section 57 ; “retrospective screening determination” has the meaning given to it by section 32 (1); “revised abstraction” has the meaning given to it by section 15 (5); “screening determination” has the meaning given to it by section 24 (1). (2) For the purposes of Part 5 , Schedules 6, 7 and 7A to the Regulations of 2001 shall apply to an abstraction as they apply to a development, subject to the following modifications— (a) subject to paragraph (b), a reference in those Schedules to a development shall be read as a reference to an abstraction, (b) a reference to development in paragraph 1(b) and paragraph 3(g) of Schedule 7 shall be read as including a reference to an abstraction, and (c) any other necessary modifications. Requirement for a licence to abstract 15. (1) A person shall require a licence under this Act to carry out— (a) an abstraction that meets or exceeds the licensing threshold, (b) an abstraction that requires a licence as determined by the Agency under section 17 (10)(a)(i), (c) a significant abstraction, or (d) an abstraction that requires a licence as determined by the Agency under section 19 . (2) A person who— (a) continues to carry out, after the coming into operation of this section, an abstraction specified in subsection (1)(a) that he or she was carrying out immediately before that coming into operation shall, subject to subsection (4), make an application for a licence under section 21 no later than 6 months after the coming into operation of this section, or (b) intends to carry out, after the coming into operation of this section, an abstraction specified in subsection (1)(a), shall make an application for a licence under section 21 and he or she shall not commence that abstraction until the licence has been granted. (3) Subject to subsection (4), where the Agency makes a determination that an abstraction is an abstraction specified in paragraph (b), (c) or (d) of subsection (1), the person who carries out that abstraction shall make an application for a licence under section 21 no later than 6 months after the date on which the Agency makes that determination. (4) A person who was carrying out, immediately before the coming into operation of this section, and who continues to carry out, after the coming into operation of this section, an abstraction that is an abstraction— (a) specified in paragraph (a), (b), (c) or (d) of subsection (1), and (b) of a class specified in— (i) paragraph (a) of section 29 (3), or (ii) Part 2 of Schedule 5 to the Regulations of 2001 but does not equal or exceed, as the case may be, the relevant quantity or area specified in that Part such that a determination as to whether an environmental impact assessment was required should have been made prior to, or after, the commencement of the abstraction, shall, subject to subsection (5), make an application for a licence under section 29 , in the case of an abstraction specified in paragraph (a) of subsection (1), no later than 6 months after the coming into operation of this section, or in the case of an abstraction specified in paragraph (b), (c) or (d) of subsection (1), no later than 6 months after the date on which the Agency makes the determination concerned. (5) A person referred to in subsection (4) shall make an application for a licence under section 37 where he or she intends to increase or vary the abstraction referred to in subsection (4) (in this Part referred to as a “revised abstraction”), in the case of an abstraction specified in paragraph (a) of subsection (1), no later than 6 months after the coming into operation of this section, or, in the case of an abstraction specified in paragraph (b), (c) or (d) of subsection (1), no later than 6 months after the date on which the Agency makes the determination concerned. (6) A person shall not commence a revised abstraction until a licence has been granted under section 44 for that abstraction. (7) The Agency may, as it considers appropriate, on the written application of the person carrying out the abstraction, extend the period referred to in subsection (2)(a), (3), (4) or (5). (8) A person who fails to comply with any of subsections (2) to (6) shall be guilty of an offence. Registration and licensing thresholds 16. (1) The Minister may for the purposes of this Act, if he or she considers it necessary for the sustainable management of water resources, by order— (a) specify or reduce the registration threshold, or (b) specify or vary the licensing threshold. (2) The Agency may, at any time it considers appropriate and shall, as soon as practicable following the publication of each River Basin Management Plan, prepare and provide a written report to the Minister which shall contain a recommendation whether or not an order should be made under paragraph (a) or (b) of subsection (1) and that report shall contain the reasons for the Agency’s recommendation. (3) The Agency shall have regard to the matters listed in paragraph (a) to (d) of subsection (5) in the preparation of a report under subsection (2). (4) Prior to making an order under subsection (1), the Minister shall consider a report of the Agency under subsection (2). (5) In determining whether to make an order under subsection (1), the Minister shall have regard to— (a) the impact of abstractions on groundwater status and surface water status, (b) the need to protect the environment from abstractions, (c) the expected environmental benefit of reducing the registration threshold or varying the licensing threshold, as the case may be, (d) the River Basin Management Plan, (e) any submissions received under subsection (6)(a)(i), and (f) the economic and societal impact of varying the registration threshold or the licensing threshold. (6) Where the Minister determines— (a) that an order under subsection (1) should be made, he or she shall cause a notice to be published on the Department’s website of— (i) the proposal to make an order and that submissions may be made in respect of that proposal, and (ii) the main reasons for the determination, or (b) that an order under subsection (1) should not be made, he or she shall inform the Agency of the main reasons for the determination. (7) Submissions under subsection (6)(a)(i) shall be made in such manner and within such period as the Minister may specify. (8) Where an order under subsection (1)(a) reduces the registration threshold, that order may specify the period within which a person who carries out an abstraction that meets or exceeds the registration threshold as so reduced is required to comply with section 11 (1). (9) A person who carries out an abstraction that meets or exceeds the registration threshold as reduced by order under subsection (1)(a) and fails to comply with section 11 (1) within the period specified in the order shall be guilty of an offence. (10) Where an order under subsection (1)(b) reduces the licensing threshold, that order may specify the period within which a person who carries out an abstraction that meets or exceeds the licensing threshold as so reduced is required to apply for a licence under this Part. (11) A person who carries out an abstraction that meets or exceeds the licensing threshold specified in an order under subsection (1)(b) and fails to apply for a licence under this Part within the period specified in the order shall be guilty of an offence. Agency opinion that licence required 17. (1) The Agency shall give notice under subsection (10) to a person carrying out an abstraction that is less than the licensing threshold and that does not otherwise require a licence under paragraph (c) or (d) of section 15 (1) where the Agency has formed an opinion under and in accordance with this section that the abstraction is required to be subject to a licence in order to facilitate the proper regulation of the abstraction. (2) A public authority may give notice to the Agency of the opinion of the authority that an abstraction that is less than the licensing threshold and that does not otherwise require a licence under paragraph (c) or (d) of section 15 (1) is required to be subject to a licence in order to facilitate the proper regulation of the abstraction. (3) A notice under subsection (2) shall— (a) state the main reasons for the opinion of the public authority, (b) contain information concerning any impact or likely impact of the abstraction concerned on the performance of the functions of the public authority, and (c) be accompanied by such documents and information as may be relevant to the opinion of the public authority. (4) For the purpose of forming an opinion under subsection (1), the Agency may give notice to the person carrying out the abstraction requiring him or her to submit, within the period specified in the notice, such information relating to the abstraction as the Agency may reasonably require. (5) In forming an opinion under subsection (1), the Agency shall have regard to— (a) the sufficiency, for the purpose of the proper regulation of the abstraction, of regulations made under section 8 , (b) the reasons why a licence is not required under paragraph (c) or (d) of section 15 (1), (c) the information contained in any notice under subsection (2), (d) information provided by the person carrying out the abstraction under subsection (4), (e) the River Basin Management Plan, and (f) any other matter the Agency considers relevant. (6) The Agency may consult with such persons as the Agency considers appropriate prior to forming an opinion under subsection (1). (7) The Agency shall give notice to the person carrying out the abstraction of its proposed opinion that the abstraction is required to be subject to a licence to facilitate its proper regulation and where a notice is given under subsection (2) in relation to the abstraction, a copy of that notice. (8) The Agency shall, where a notice is given under subsection (2), consult the public authority concerned and the Agency shall give notice to the public authority of its proposed opinion under subsection (1). (9) A notice under subsection (7) or (8) shall— (a) state the main reasons for the proposed opinion of the Agency, and (b) invite the person carrying out the abstraction or the public authority, if applicable, to make observations, in writing, in relation to the proposed opinion and any other matter relating to the abstraction not later than 6 weeks from the date of the notice. (10) The Agency shall, having considered any observations made under subsection (9)(b), give notice to the person carrying out the abstraction and, where applicable, to the public authority concerned of— (a) its opinion that— (i) the abstraction requires a licence, or (ii) the abstraction does not require a licence, and (b) the main reasons for that opinion. (11) In the case of an opinion referred to in subsection (10)(a)(i), the notice shall require the person carrying out the abstraction to make an application for a licence under this Part. Identification of significant abstractions 18. (1) A significant abstraction means an abstraction that the Agency determines, following an assessment under subsection (3), on its own or together with other abstractions— (a) alters, or is likely to alter, the hydrological regime of a body of surface water or a body of groundwater such that the water body fails or is likely to fail to meet its environmental objectives, (b) alters or modifies, or is likely to alter or modify, the flow condition, continuity or morphological condition of a body of surface water as a result of the existence or operation of an associated impoundment, such that the water body fails or is likely to fail to meet its environmental objectives, or (c) causes or is likely to cause a protected area to fail to achieve its environmental objectives. (2) A person shall give notice to the Agency where he or she intends to carry out an abstraction that meets or exceeds the registration threshold and is less than the licensing threshold (in this section referred to as a “proposed abstraction”). (3) For the purpose of determining if an abstraction is a significant abstraction, the Agency shall assess each— (a) proposed abstraction notified to it under subsection (2), and (b) abstraction in the part of the register referred to in section 10 (2)(a). (4) In carrying out an assessment under subsection (3), the Agency shall have regard to— (a) in the case of an abstraction from a body of surface water— (i) the hydrological regime of the body of surface water and the impact of the abstraction on river continuity and the morphological condition of that water body, and (ii) the impact or likely impact of the abstraction on the applicable biological quality elements set out in Schedule 5 to the Regulations of 2009, (b) in the case of an abstraction from a body of groundwater— (i) changes or likely changes to the level of the body of groundwater, taking account of the available groundwater resource and the long-term annual average rate of abstraction, (ii) the balance between the abstraction and the recharge of water in the body of groundwater, (iii) the impact or likely impact of the abstraction on the status of surface waters which are hydrologically connected to the body of groundwater, (iv) the impact or likely impact of the abstraction on a terrestrial ecosystem which depends directly on the body of groundwater, and (v) any sustained alteration to the flow direction of water which may cause salt water or other intrusion to the body of groundwater, and (c) in the case of all abstractions— (i) the impact or likely impact of the abstraction on a protected area, (ii) the results of monitoring programmes undertaken under Article 10 of the Regulations of 2003, and (iii) the results of analyses and reviews undertaken under Article 7 of the Regulations of 2003. (5) For the purposes of an assessment under subsection (3), the Agency may give notice to the person referred to in subsection …