This Act mainly provides new regulation of water abstraction in Ireland. The Act consists of 166 sections divide into 11 Parts: Preliminary and General (1); Regulations for Certain Abstractions (2); Exemptions (3); Register of Abstractions (4); Licensing of Abstractions (5); Abstraction by Irish Water (6); Waterways Ireland (7); Electricity Supply Board (8); Enforcement (9); Miscellaneous and Transitional Provisions (10); Amendment to other Acts (11).
The primary purpose of the Act is to provide for a modern registration, licensing and control regime for water abstractions. The system of registration and licensing is to be administered by the Environmental Protection Agency, with local authorities also maintaining an ongoing enforcement role. The Act also: Provides for a simple registration system for water abstractions, subject to minimum threshold where registration is not required; Provides a licensing regime, administered by the EPA, for water abstractions over a specified threshold; Provides an updated power for Irish Water, as the national authority for water services, to take abstractions, subject to EPA licensing, and also subject to an appeal to An Bord Plean la in relation to possible impacts on third party water rights (Emergency powers will be available to Irish Water to take abstractions where required due to drought or other stated reasons); Provides for compensation for material adverse effects caused by interference with water rights as a result of a public abstraction; Makes specific provision to allow Irish Water abstract water from ESB reservoirs with the agreement of the ESB; Gives specific recognition and protection for canals and other navigable waters under the control of Waterways Ireland; recognises the role of the ESB and Waterways Ireland; Gives necessary environmental protections to water sources.