Water Environment (Abstractions and Associated Impoundments) Regulations 2024 (S.I. No. 419/2024).

These Regulations of the Minister for Housing, Local Government and Heritage under sections 4, 8, 9 and 57 of the Water Environment (Abstractions and Associated Impoundments) Act 2022 provide for the regulation of water abstractions and their associated impoundments and to give further effect to Directive 2000/60/EC. The Regulations apply to the following abstractions: (a) abstractions in respect of which a licence is not required under the Water Environment (Abstractions and Associated Impoundments) Act 2022 (No. 48 of 2022), hereinafter the Principal Act; (b) abstractions below the registration threshold under section 2, or such registration threshold established under section 16, of the Principal Act; (c) abstractions that were being carried out on the date immediately preceding the date of the coming into operation of section 15 of the Principal Act in respect of which a licence is required under the Act, until such time as the Agency makes a decision to grant the licence. The collection of rainwater shall not be considered an abstraction for the purposes of these Regulations and exemptions. For the purposes of Part 5, Schedules 6, 7 and 7A to the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) shall apply to an abstraction as they apply to a development, subject to the following modifications: (a) subject to subparagraph (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 that Schedule 7 shall be read as including a reference to an abstraction; (c) any other necessary modifications, as the context so requires. Other elements that the Regulations establishes: limits on rate of water that may be abstracted from body of surface water having regard to surface water status; ecology-based hydrological limits to sustain the surface water status of bodies of surface water; migration of fish and other aquatic species; controls relating to the abstraction of groundwater to protect quantitative status of body of groundwater including, in particular, terrestrial ecosystems associated with and dependent on that body of groundwater; construction, extension and operation of any well, borehole or other works.
Moreover the Regulations envisages exemptions by Minister: under part 9 of the Principal Act the Minister may declare certain abstractions or activities relating to abstraction to be exempt from regulations made under section 8, or the requirements of section 11, of the Principal Act, where he or she is satisfied that declaring the abstraction or activity has or will have— no significant impact on surface water status or groundwater status, or no negative impact on the safety or operation of a hydroelectric scheme; under Part 3 of the Principal Act, consisting in abstraction from a borehole or well for the purpose of providing water to a single domestic dwelling shall be exempt from the requirements of these Regulations. Part 5 and 6 of the Regulations disciplines application for abstraction licence and EIA; Part 7 disciplines retrospective EIA; Part 9 review of licence; other provisions concern offences, publication, etc.