Significant regulatory changes for water abstractions in Ireland

The Water Environment (Abstractions and Associated Impoundments) Act 2022, which came into force on 28 August 2024, introduces significant changes to the regulation of water abstractions in Ireland. It had been enacted in late 2022, but has just been commenced, along with implementing regulations. We have set out below some key provisions:

Registration and licensing thresholds

• Registration threshold: Abstractions of 25 cubic metres or more in any 24-hour period must be registered with the Environmental Protection Agency (EPA).
• Licensing threshold: Abstractions of 2000 cubic metres or more in any 24-hour period now require a licence from the EPA.

Licensing requirements

• Existing abstractions: Existing abstractions that meet or exceed the licensing threshold must apply for a licence by 28 February 2025.
• Environmental Impact Assessment (EIA): Certain abstractions, including those below the Licensing Threshold deemed significant by the EPA, will require an EIA.

Conditions for granting licences

The EPA can impose various conditions on licences to ensure water quality and environmental protection, and these may include:

• Annual or daily abstraction limits
• Measures to mitigate environmental impacts
• Monitoring requirements

Retrospective EIA
For certain existing abstractions, a retrospective EIA may be required. The EPA will only grant licences in such cases if exceptional circumstances are demonstrated.
Notification requirements

Applicants must publish notices in local newspapers, notify the EPA in writing, and erect site notices prior to making a licence application.
Criminal offences and enforcement

Failure to comply with the Act's provisions, including timely licence applications, constitutes a criminal offence. The EPA and local authorities are responsible for enforcement.

This is a critical regulatory shift for businesses that rely on significant water abstraction. It is a significant step towards improved water management in Ireland and to ensuring that water abstractions are carefully regulated to protect our water resources and environment. Compliance with the new registration and licensing requirements is paramount to avoiding significant legal and operational risks.

For further information in relation to this topic please contact Jason Milne, Partner, Mark Thuillier, Senior Associate or any member of ALG’s Environmental & Planning team.

Date published: 11 September 2024