s.23Grant of new abstraction licences
23
Section 23Part 3 — Control of Water Resources Use

Grant of new abstraction licences

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Applications for the obtaining or renewal of a licence to abstract ground water for commercial use shall be made and disposed of in the manner to be prescribed by regulations to be made by the Cabinet: Provided that —
any person wishing to object to the granting or renewal of a licence shall be given an opportunity to do so; and
in the issuance of a licence for the abstraction of ground water the Authority may, having regard to the preservation of water levels and the protection of the aquifer from contamination or depletion, determine safe yields, establish well spacing requirements and impose and enforce conditions and restrictions on the number of wells in an area and on the rate, time and total quantity of abstraction from each well, group of wells or all wells in the area.
The grant of a licence for the construction of any works shall not have the effect of dispensing with the necessity for obtaining planning permission therefor when such permission is required by the Development and Planning Act (2021 Revision).
Nothing in the grant of a licence shall be deemed to imply any guarantee that the quantity of water therein referred to is or will be available or that, where such water may not be used without the permission of any person or authority under the Public Health Act (2021 Revision) or other statutory provision, that such permission will be granted, or otherwise derogate from such law or statutory provision.
A licence granted by the Authority under subsection (1), and any variation, revision, termination and diminution thereof shall be registered by the Authority in the manner prescribed by regulations.
Every licence granted under this section shall specify —
the person to whom it is granted;
the location of the works;
the maximum quantity that may be abstracted in any period, the rate of abstraction and the purpose for which the water is to be used and the land in which respect the licence is granted;
the works existing; and
the duration of the licence.

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