Section 18 sets out the process for EPA assessment of an abstraction between 25 and 1,999m³ per day inclusive to determine if is it a ‘significant abstraction’. A significant abstraction requires a licence.

This assessment considers whether adequate flow/level is being maintained in the waterbody and associated protected areas, to support and maintain healthy ecology. These flows/ levels are defined within the context of the Water Framework Directive (WFD).

This assessment is carried out having regard to the information provided when registering/updating the registration and the EPA 2025 Methodology to assess the impact of abstractions on waterbodies and identify significant abstractions in Ireland.

This assessment applies to all abstractions.  This assessment shall be completed at least once every 6 years. 

If the assessment finds that the abstraction will not be significant, the EPA will consider and carry out, where appropriate, a Section 19 assessment (see below). If following all applicable assessments, it is determined that a licence isn’t required, one of two scenarios applies:

1. For a proposed new or increased abstraction, the EPA will assign a registration number or revised registration number, the abstraction will be included on the water abstraction register and the new or increased abstraction can then commence.
2. For an existing abstraction, the EPA will issue a revised registration number and the existing abstraction can continue.

If the assessment finds that the abstraction will be significant, the EPA will issue a notice of its opinion that the abstraction is likely to be significant and invite the person carrying out the abstraction to submit written observations in relation to that opinion within 6 weeks.

The EPA, having considered any observations received, will then determine whether the abstraction is significant or not. The determination notice will be issued within 2 months of the date of receipt of any observations or, in the case of proposed abstractions for which no observations are received, within two months of the notification of the proposed abstraction.

If determined to be a significant abstraction, a licence is required. See below for more information on the next steps. 

Section 19 assessment of certain existing abstractions

Section 19 sets out the process for assessment of an existing registered abstraction on the need for retrospective Environmental Impact Assessment (rEIA).

This assessment is applicable to an existing abstraction

• of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001, as amended (S.I. No. 600 of 2001) but does not equal or exceed, as the case may be, the relevant quantity or area specified in that Part, and
• is less than the licensing threshold and does not otherwise require a licence (under Section 18 or Section 17).

This assessment is carried out by the EPA as soon as practicable, having regard to  the information provided when registering/updating the registration and to the EPA 2025 Technical Guidance on Retrospective EIA (rEIA) Considerations for Abstractions. At this stage, the EPA may require more information to be submitted.

The EPA may enter into consultations with such public authorities as it considers appropriate.

• When the EPA concludes that there have been no significant effects on the environment arising from the abstraction and there is no real likelihood of such significant effects, the EPA will determine that a retrospective EIA is not required and notify the person carrying out the abstraction. A licence application is not required under Section 19.
• When the EPA concludes that there is a significant and realistic doubt as to the likelihood of whether there have been or there may be significant effects on the environment arising from the abstraction, the EPA will determine that a screening assessment is required.
• When the EPA concludes that there have been significant effects on the environment arising from the abstraction or there is a real likelihood of significant effects on the environment, the EPA shall determine that a retrospective EIA is required. The EPA will notify the person carrying out the abstraction of the determination and the requirement to make a licence application accompanied by a retrospective EIAR.  See below for more information on the next steps when a licence is required.

Screening assessment and determination

Where the EPA determines that a screening assessment is required, the person carrying out the abstraction is required to submit additional relevant information required for a screening assessment. The EPA assesses this information.

• Where the EPA concludes that the abstraction has not had and is not likely to have significant effects on the environment, a retrospective EIA is not required. A licence application is not required under Section 19. The EPA will notify the person carrying out the abstraction. 
• Where the EPA concludes that the abstraction has had or is likely to have significant effects on the environment, the EPA will notify the person carrying out the abstraction of the requirement to make a licence application accompanied by a retrospective EIAR.  See below for more information on the next steps when a licence is required.

The EPA will issue notifications within 8 weeks after the date on which the person carrying out the abstraction submitted all of the information required for screening assessment. This time period may be extended in exceptional cases. The EPA will notify the person carrying out the abstraction of the reasons justifying the extension and of the date when the notice can be expected.

Section 19 assessment of certain proposed abstractions

Section 19 also sets out the process for assessment of proposed abstractions to determine the need for EIA.

The process is similar to that for an existing abstraction but the conclusions for new abstractions relate to EIA as opposed to retrospective EIA. For example, depending on the outcome of this assessment, the EPA may conclude that EIA is applicable and, therefore, the person carrying out the abstraction must make a licence application accompanied by an EIAR.

Next Steps

See below for more information on the next steps when determined that a licence is required.

If determined that retrospective EIA or EIA isn’t required, see below for more information on the next steps. 

Under Section 17, the EPA, having considered relevant information, can at any time form an opinion that an abstraction, that is less than the licensing threshold and that does not otherwise require a licence (under Section 18 or Section 19), is required to be subject to a licence in order to facilitate the proper regulation of the abstraction.

A public authority may also give notice to the EPA of their opinion that an abstraction, that is less than the licensing threshold and that does not otherwise require a licence, is required to be subject to a licence in order to facilitate the proper regulation of the abstraction. The EPA considers this notice when forming its own opinion.

The EPA may consult such people as the EPA considers appropriate prior to forming its opinion.

The EPA gives notice of its proposed opinion that the abstraction is required to be subject to a licence in order to facilitate its proper regulation.

The EPA invites the person carrying out the abstraction and the public authority, if applicable, to make written observations in relation to the proposed opinion and any other matter relating to the abstraction not later than 6 weeks from the date of the notice.

EPA, having considered any observations made, gives notice to the person carrying out the abstraction and, where applicable, to the public authority of its opinion that the abstraction requires a licence or does not require a licence. See below for next steps when a licence is and isn't required. 

If determined that a licence is required, a licence application must be made to the EPA. See Timeline for licence application and Water abstraction licensing process explained.  

A proposed new or increased abstraction cannot commence until a decision is made on the application for a licence (grant or refuse). If granted, the new or increased abstraction can commence subject to licence conditions. If refused, the new or increased abstraction cannot commence.

An existing abstraction can continue until a decision is made on the application for a licence (grant or refuse). If granted, the abstraction can continue subject to licence conditions. If refused, the existing abstraction must cease.

If determined by the EPA that a licence isn’t required, the next steps are as follows.

For a proposed new or increased abstraction, the EPA will assign a registration number or revised registration number, the abstraction will be included on  the water abstraction register and the new or increased abstraction can then commence.

For an existing abstraction, the EPA will issue a revised registration number, and the existing abstraction can continue.