Written answers

Tuesday, 15 January 2019

Department of Housing, Planning, and Local Government

Water Abstraction Regulation

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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1166. To ask the Minister for Housing, Planning, and Local Government if he will provide information on provisional orders issued by An Bord Pleanála; the powers such orders carry; and if they are subject to a maximum duration period for works to be carried out. [1259/19]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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Provisional orders for the abstraction of water are made under the Water Supplies Act 1942. Originally such orders were made by the Minister for Local Government and Public Health, but that power transferred to An Bord Pleanála under section 214 of the Planning and Development Act 2000.

If objections are made to a proposal to abstract water under the 1942 Act, an application for a provisional order must be made to An Bord Pleanála within six weeks of the first objection.

Under section 9 of the 1942 Act, An Bord Pleanála may refuse a provisional order or place restrictions or conditions on it. If the Board decides in favour of the order, further public notice is required. A provisional order may be confirmed by An Bord Pleanála, the Circuit Court or the High Court (on appeal) and under section 11 of the Act, the proposal must be brought into force by public notice before it becomes lawful for water to be abstracted. Under section 13 of the Act, once it is lawful to abstract water, the power may be exercised notwithstanding any right of any person to prevent or restrict the exercise of such powers. There is no provision in legislation for the expiration of such an order.

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