These regulations support the Water Environment (Abstractions and Associated Impoundments) Act 2022, which is now in force.

Licences are now required for activities that may abstract 2,000 cubic metres or greater in any 24-hour period. Where existing registered abstractions exceed this threshold, a licence application is required by 28 February 2025 at the latest.

The Water Environment (Abstractions and Associated Impoundments) Regulations 2024 support the Water Environment (Abstractions and Associated Impoundments) Act 2022 and came into force on 28 August 2024.

This legislation applies in the Republic of Ireland only.

What has changed?

Registration or licensing requirements

The Water Environment (Abstractions and Associated Impoundments) Act 2022 expands the prior system of registrations to require licences to be obtained for larger volumes.

Abstractions and diversions require a registration or licence above the respective threshold. The registration and licence thresholds are:

• Registration: 25 m3 or more in any 24 hour period.
• Licensing: 2,000 m3 or more in any 24 hour period.

Abstractions do not include rainwater collection systems.

Obligations on abstractions not requiring a licence or awaiting a licence

Part 2 applies requirements on all persons undertaking abstractions where a licence is not required or has yet to be issued:

• Measuring or, where appropriate estimating, daily rates of abstraction and maintaining records;
• Arranging and maintaining a current a registration if above the 25 m3 24-hourly threshold;
• Ensuring abstractions from surface water do not interfere with its status, impede migration of fish or other aquatic organisms or affect natural flow patterns and sediment transport;
• For groundwater abstractions: Comply with applicable general binding rules published by the EPA;  and
• Maintain pipework, tanks and equipment to keep water leakage to a minimum.

The construction, extension and operation of well, boreholes and other abstraction works must comply with the Communities Environmental Objectives (Groundwater) Regulations 2010 and applicable EPA guidance. These regulations and applicable guidance also apply to the decommissioning of wells or boreholes, or activities involving the introduction of drilling fluids into a well or borehole to test aquifer hydraulic properties.

Exempted abstractions

Abstractions may be declared exempt where they do not or will not have significant impacts on surface or groundwater status or on the safety or operation of hydroelectric schemes.

Part 4 defines exempted activities, including:

• Abstractions from boreholes or wells providing drinking water to domestic dwellings;
• Temporary abstractions facilitating works below 25 m3 per day that do not operate for 8 weeks continuously or in aggregate;
• Abstractions from impoundments or artificial storage ponds designed to receive inflow from a registered abstraction;
• Abstractions for testing or investigative reasons; and
• Abstractions required for firefighting.

Licence application process

In the two weeks before making an application for a licence or a review of a licence, the applicant must give notice in a local newspaper, display a site notice and request a screening determination from the Environmental Impact Assessment (EIA) portal.

Where an EIA report is required for the licence application, this must be prepared by the applicant and submitted via the EIA portal.

When the EPA determines that an EIA was required and should have been made before or after commencing an existing abstraction, the EPA may require that licence applications are accompanied by a retrospective EIA.

Applications to surrender or transfer licences must meet EPA requirements.

The regulations also impose rules on the review, notification and publication process for abstraction licences, plus powers to revoke or suspend licences under certain circumstances.

Registration notification process

Planned abstractions requiring registration must be notified to the EPA in writing.

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