BOREHOLE DRILLING AND EXCAVATION WORKS WITHIN THE SATURATED ZONE REGULATIONS

SUBSIDIARY LEGISLATION 549.165

BOREHOLE DRILLING AND EXCAVATION WORKS

WITHIN THE SATURATED ZONE REGULATIONS

7th October, 2008

LEGAL NOTICE 254 of 2008, as amended by Legal Notices 461 of 2011

and 147 of 2012, Act XVII of 2024 and Legal Notice 374 of 2024.

(1) The title of these regulations is the Borehole Drilling

and Excavation Works within the Saturated Zone Regulations.

(2) The scope of these regulations is the establishment of a

regulatory framework for borehole drilling and excavation works

carried out partly or totally within the saturated zone.

In these regulations, unless the context otherwise requires

"Act" means the Environment Protection Act;'

"aquifer" means a subsurface layer or layers of rock or other

geological strata of sufficient porosity and permeability to allow

either a significant flow of groundwater or the extraction of

significant quantities of groundwater;

"Authority" means the Environment and Resources Authority

established by article 6 of the Act;

"body of groundwater" means a distinct volume of groundwater

within any aquifer;

"borehole" means any means any shaft, adit, opening, hole,

spring outlet or well artificially dug in the ground or artificially

e n l a rg e d , w h i c h h a s a c c e s s t o g r o u n d w a t e r o r f r o m w h i c h

groundwater is extracted or can be extracted or which is vertically

deeper than half the distance between the well head and the nearest

water table at that point, but it does not include a water retaining

cistern;

"borehole geological log" means a register containing

information regarding the drilling of a borehole;

"casing" means a conduit, pipe, fixture or constructional element

which is inserted and attached to the circumference of the borehole

to prevent any transfer of fluid between the borehole and its

surrounding geological formation;

"confined saline groundwater body" means a saline groundwater

body that is overlain by a confining bed which confining bed has a

significantly lower hydraulic conductivity than the aquifer

formation sustaining the saline groundwater body;

"officer" includes any person engaged by, detailed for duty with,

or in any manner whatsoever performing duties for or on behalf of

the Authority;

"permit" means a permit issued under these regulations to

construct a borehole or to carry out any form of excavation works

within the saturated zone;

BOREHOLE DRILLING AND EXCAVATION

WORKS WITHIN THE SATURATED ZONE

"saturated zone" means that part of an aquifer in which all

interconnected openings within the geological formation are

completely filled with water;

"seawell" means a borehole

(a) tapping the saline groundwater body lying underneath

and in direct physical contact with a sea-level

freshwater groundwater body and drilled at a distance

of not more than 150 metres from the nearest point

along the coastline, and which is cased in accordance

with these regulations; or

(b) tapping a confined saline groundwater body which is

not in direct physical contact with any freshwater

groundwater body.

These regulations shall not apply to

(a) any borehole constructed for the purposes of the

installation of an earth electrode

Provided that such a borehole does not reach the

saturated zone;

(b) any borehole

constructed

for

site

investigation

purposes

Provided that such borehole does not reach the

saturated zone;

(c) any borehole or excavation works constructed for the

purposes of foundations to buildings or for other

engineering works

Provided that such borehole or excavation works do

not reach the saturated zone.

The drilling of a borehole or any form of excavation works

carried out partly or totally within the saturated zone is prohibited,

unless a permit to this effect is issued by the Authority.

(1) Any person who intends to drill a borehole or carry out

any form of excavation works partly or totally within the saturated

zone shall submit an application in writing to the Authority in such

form and manner as the Authority may prescribe.

Such application shall at least include

(a) details of the applicant, the person drilling the

borehole or carrying out the excavation works and the

qualified perit under whose supervision such borehole

will be constructed or such excavation works will be

carried out;

(b) full technical details of the location, size and depth of

the borehole or excavation works;

(c) details of the purposes for construction of the borehole

or excavation works and declarations to this effect

from the applicant and the perit.

(2)

A non-refundable application fee of two hundred and thirty

euro (€ 230) shall be paid to the Authority with the application

form submitted for the purposes of these regulations.

(1) For a minimum period of twelve months from the date

of entry into force of these regulations or until such further period

of time as the Authority may subsequently decide, the Authority

shall not accept or process any application for the drilling of any

borehole or excavation works to be carried out within the saturated

zo ne and the Au thorit y shall not issue any permit for su ch

purposes.

(2) The provisions of sub-regulation (1) shall not apply to the

following

(a) any borehole constructed for the purposes of the

installation of an earth electrode within the saturated

zone;

(b) any borehole constructed for site

investigation

purposes within the saturated zone;

(c) any borehole or excavation works carried out for the

purposes of the construction of foundations to

buildings or for the purposes of other engineering

works, and where such borehole or excavation works

lie partly or totally within the saturated zone;

(d) any seawell;

(e) any borehole to be drilled in replacement of an

irretrievably collapsed borehole which was duly

notified or registered with the Authority as a

groundwater source used for agricultural purposes

under the Registration of Groundwater Sources

Regulations, 1997, or under the Notification of

Groundwater Sources Regulations.

Such replacement borehole is to be drilled within the

same "reference parcel" (as defined under the Single

Payment Scheme Regulations) as the irretrievably

collapsed borehole

Provided that such borehole shall be certified to be

"irretrievably collapsed" by means of a signed

declaration of a Perit and be declared to be so

"irretrievably collapsed" by means of a declaration

under oath of the user of the irretrievably collapsed

groundwater source; and

(f)

any borehole proposed to be constructed by a public

entity for research and development purposes, within the

saturated zone, subject to prior approval by the Authority.

(3)

Any person when drilling a sea-well shall

(a) if the sea-well is located at a distance of not more than

50m from the nearest point along the coastline

construct a casing for the sea-well for a minimum

depth of 10 meters below sea-level; or

(b) if the sea-well is located at a distance of between 50

and 100m from the nearest point along the coastline

construct a casing to the sea-well for a minimum depth

of 25 meters below sea-level; or

(c) if the sea-well is located at a distance of between one

hundred metres and one hundred and fifty metres from

the nearest point along the coastline construct a casing

to the sea-well for a minimum depth of fifty metres

below sea-level; or

(d) if the sea-well is tapping a saline groundwater body

which is not in direct physical contact with any

freshwater groundwater body, construct a casing along

the seawell from the surface to a minimum depth of six

metres below the blue clay - globigerina limestone

interface.

(4) Upon drilling a sea-well, the person who has applied with

the Authority for a permit for the drilling of a sea-well in terms of

regulation 5(1) shall immediately ensure that appropriate water

quality tests which establish the electrical conductivity of the water

extracted from the seawell are carried out by an accredited

laboratory and that such results are forthwith submitted to the

Authority. Such water quality tests shall also be carried out by the

user of the sea-well on a regular basis, as directed by the Authority.

W h e r e , i n t e r m s o f su c h w a t er q u a l i t y t e s t s , t h e e l e c t r i c a l

conductivity of such water results to be less than 50,000 μS/cm, the

user of the sea-well shall immediately inform the Authority of the

quality of the water extracted and shall cease to extract water from

such seawell for such period of time as the Authority may decide.

(5) The Authority may at any time, order the cessation of

abstraction of water from a source and, or order the closure of a

seawell, when the Authority determines that the extraction of water

from any seawell which can have a negative impact on the

q u a nt i t a t iv e an d , o r t h e q u a li t a t i ve s t a t u s o f a f r e s h - w a t e r

groundwater body.

(1) The Authority shall establish its procedure for

determining an application for a permit to drill a borehole or for

excavation works within the saturated zone.

(2) The Authority shall communicate to the applicant in

writing within eight weeks from the date of receipt of a valid

application containing all such information and documentation

requested by the Authority and accompanied by the appropriate

application fee, any decision taken concerning an application for a

permit to drill a borehole or carry out excavation works within the

saturated zone.

(3) An application for a permit issued under these regulations

shall be determined by the Authority in accordance with the

following criteria. The Authority shall have to be satisfied that by

granting the permit

(a) there will be no significant impact on water resources;

(b) water resources will be used efficiently in the course

of any activities carried out under the permit;

(c) the water environment is protected including the

limitation of discharges to the environment;

(d) the public interest in general is safeguarded.

(4) In the case of a refusal to grant a permit, the Authority shall

give reasons for its decision.

(1) The Authority shall have the power, through the

permit, to establish such conditions as the Authority considers

requisite or necessary.

(2) The permit holder shall at all times comply with these

regulations and with the conditions of the permit.

(3) The conditions included in the permit may contain, but not

necessarily be limited to, provisions regarding

(a) the grant and term of the permit;

(b) compliance requirements to conditions for drilling the

borehole or carrying out the excavation works

including directions, standards, guidelines, codes of

good drilling practice or rules issued by the Authority;

(c) prevention of groundwater pollution by means of the

discharge of substances in the course of drilling

operations and in the course of any activity carried out

under the permit;

(d) submission of data regarding the borehole’s geological

log and other such information as the Authority may

require;

(e) inspection, making of copies and taking of extracts

from records held by the permit holder and, or driller

with respect to the drilling of the borehole or carrying

out of the excavation works.

The issue of a permit to drill a borehole or to carry out

excavation works within the saturated zone does not in any way

give any right to draw water from such a source or to dispose of

any material whether liquid or solid.

Where the Authority determines that a borehole drilled or

that excavation works which are carried out partly or totally within

the saturated zone have a significant impact on a body of

groundwater or other source or sources of groundwater, the

Authority may

(a) order the immediate cessation of such activity and

water extraction or the reduction in the amount of

water being extracted;

(b) order the closure of such borehole or cessation of such

works.

The Authority may, at any time order the suspension,

revocation or cancellation of a permit where the Authority is

satisfied that

BOREHOLE DRILLING AND EXCAVATION

WORKS WITHIN THE SATURATED ZONE

(a) there is a significant impact on a body of groundwater

or other source or sources of groundwater arising from

any activity carried out under a permit issued under

these regulations;

(b) the permit holder has failed or is failing to abide by

any conditions of the permit or by these regulations; or

(c) the permit holder does not possess all other relevant

permits and licences that are issued by any other

authority or regulatory body; or

(d) the permit holder is contravening any requirement

imposed by law; or

(e) the permit holder fails to comply with any direction

given by the Authority as to such matters as are

specified in the permit or are of a description so

specified; or

(f)

any information submitted in the application for a

permit and for which the permit has been issued is

determined to be false or incorrect.

(1) The Authority shall keep a register or registers of

permits issued under these regulations which shall include records

(a) all permits granted under these regulations; and

(b) all applications for a permit received and refused.

(2) The register or registers of permits shall be kept under

review and up to date.

(1) Without prejudice to regulation 11, where the

Authority is satisfied that -

(a) a permit holder is contravening any condition of the

permit; or

(b) a permit holder is contravening any requirement

imposed by law; or

(c) any person is carrying out any activity referred to in

these regulations without being authorised to do so by

the Authority,

the Authority may issue an enforcement order taking such measures

as are requisite for the purpose of securing compliance with the

conditions or requirements, as the case may be, or to cease such

unauthorised activity.

(2)

An enforcement order mentioned in sub-regulation (1)

(a) shall require the person to do, or not to do, such things

as are specified in the order, or are of a description so

specified, including but not necessarily limited to

(i)

cessation of drilling of the borehole or of the

excavation works;

(ii) permanent backfilling of the borehole or

excavation works;

(iii) sealing of the borehole or excavation works;

(b) shall take effect at such time, being the earliest

practicable time, as is determined by or under the

order;

(c) shall be published in such a manner as the Authority

considers appropriate for the purpose of bringing the

matters to which it refers, to the attention of persons

likely to be affected by it;

(d) may be revoked at any time by the Authority.

The Authority shall not be liable for any damages, actual

or potential, arising out of any activity permitted under these

regulations.

(1) Any person who, solely or jointly with others, drills a

borehole or carries out any excavation works within the saturated

zone without a permit issued by the Authority in terms of these

regulations shall, on conviction be liable to

(a) a fine (multa) of not less than twenty thousand euro

(€20,000) but not exceeding fifty thousand euro

(€50,000) or to imprisonment for a term from twelve

months to eighteen months, or to both such fine and

imprisonment;

(b) confiscation of the equipment used for the drilling of a

borehole or for carrying out the excavation works;

(c) reimbursment to the Authority for any inspection,

enforcement and monitoring costs incurred.

(2) The fine (multa) and costs referred to in subregulation (1)

shall be payable within a period of time as the Court in passing

sentence shall determine.

(3) The fine (multa) and confiscation of equipment shall be

without prejudice to any other punishment for which such person

may be liable under any other law or regulation.