Water abstraction licensing process explained

There are a number of stages in the licensing process.

Stage 1: Pre-application

See Pre-application preparation.

 

Stage 2: Applicant applies for a licence & EPA considers application

  • The EPA notifies statutory public bodies and publishes the application on this website.
  • The EPA requests further information if necessary and applicant submits information requested.
  • If the application is found to be complete, EPA issues an acknowledgement to the applicant.
  • Anyone can make a submission on the application. The closing date for submissions is 5 weeks after the EPA acknowledgement that the application is complete.
  • Submissions are published on this website.
  • The EPA considers the application, taking any submissions into account.

EPA have eight weeks to consider the application before making a "proposed decision".  The eight-week period starts when all requests have been complied with, i.e. when a complete application is received. This period may be extended in certain circumstances.

 

Stage 3: EPA issues a proposed decision

The EPA issues a proposed decision and:

  • notifies the applicant,
  • publishes a newspaper notice of its proposed decision,
  • publishes the proposed decision on this website,
  • notifies anyone who made a submission on the application and
  • notifies statutory public bodies.

 

Stage 4: Observations on proposed decision

  • Anyone (including the applicant) can make an observation on the proposed decision within 28 days.
  • Observations are published on this website.
  • The EPA considers observations on the proposed decision and any submissions on observations by the parties concerned.

 

Stage 5: EPA makes final decision to grant or refuse a licence

EPA makes final decision to grant or refuse a licence within 8 weeks. This period may be extended in certain circumstances.

Before making a final decision, the EPA considers the application and any observations on the proposed decision and submissions on observations.

If no valid observation on the proposed decision was made within 28 days, the EPA issues the licence as per the proposed decision.

When EPA issues a licence, EPA notifies:

  • the applicant;
  • anyone who made a submission or observation; and
  • specified public bodies.

EPA publishes the final decision on this website.

The following diagram provides an overview of the water abstraction licensing process.

Diagram

Judicial Review

Once a decision has issued, anyone can apply to the High Court and seek a judicial review of the validity of the decision. This must be done within 8 weeks of the decision under Order 84 of the Rules of the Superior Courts (as amended). The Rules of the Superior Courts and all relevant amendments can be found at The Courts Service of Ireland.