S.I. No. 214/2020 - European Union (Waste Water Discharge) Regulations 2020

“Further notice where Agency requires EIAR

18A. (1) Where an EIAR is required under Regulation 18, the applicant shall, within the period of 2 weeks before submitting the EIAR—

• (a) publish in a newspaper circulating in the area in which the discharge takes place or is to take place a notice of—

  • (i) the intention to submit the EIAR, and

  • (ii) the location of the discharge to which the application relates, and

• (b) provide the following information in electronic form to the EIA portal in the manner set out on the portal—

  • (i) the name of the applicant;

  • (ii) a contact name, email address and phone number for correspondence with the applicant or his or her agent;

  • (iii) the location of the proposed development in 256 characters or less;

  • (iv) a description of the proposed development in 256 characters or less;

  • (v) a statement that the EIAR is to be provided to the Agency;

  • (vi) a location map of sufficient size and containing details of features in the vicinity such as to permit the identification of the site to which the application relates, to a scale (which shall be identified thereon) of not less than 1:1000 in built up areas and 1:2500 in all other areas, or other scale as may be agreed by the Minister in a particular case, and marked so as to identify clearly the land or structure to which the application relates and the boundaries thereof in red;

  • (vii) an electronic copy of the newspaper notice, searchable by electronic means as far as practicable, inserted or to be inserted pursuant to paragraph (a).

• (2) A notice published in a newspaper pursuant to paragraph (1) shall contain as a heading the words ”APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A WASTE WATER DISCHARGE LICENCE“ or ”APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR THE REVIEW OF A WASTE WATER DISCHARGE LICENCE“, as the case may be, and shall contain the following information—

  • (a) the name and address of the applicant,

  • (b) the location or postal address (including, where appropriate, the name of the townland or townlands) and description of the waste water works, the location of discharges to which the application relates and the National Grid reference of the location of any associated waste water treatment plant,

  • (c) the date of the application for a licence or a review of a licence, as the case may be, to the Agency and its reference number in the register,

  • (d) that following a requirement of the Agency, an environmental impact assessment report will be submitted to the Agency in connection with the application,

  • (e) a statement that a copy, in such a format as may be determined by the Agency, of—

    • (i) the application for a waste water discharge licence or for the review of a waste water discharge licence, as the case may be,

    • (ii) the environmental impact assessment report, and

    • (iii) such further information relating to the application as may be furnished to the Agency in the course of the Agency’s consideration of the application,

    shall, as soon as is practicable after receipt by the Agency, be available for inspection on the website of the Agency and be available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy—

    - (I) at the headquarters of the Agency,
    
    - (II) at the principal office of the relevant water services authority, and
    
    - (III) at the nearest public office of the relevant water services authority to the proposed development,
    

  • (f) a statement that submissions in relation to the application may be made to the Agency at its headquarters in writing within the period of 5 weeks beginning on the date of receipt by the Agency of the environmental impact assessment report.”.

CHAPTER V AMENDMENT OF PART V OF PRINCIPAL REGULATIONS

Amendment of Regulation 19 (Submissions to the Agency regarding applications)

21.

• (a) in paragraph (b) by—

• (i) the substitution of “EIAR” for “environmental impact statement”, and

• (ii) the substitution of “18(3)(b), 18(6)(c)(ii), 18(8)(b)(ii)(II), and 20” for “18(3)(b) and 20”, and

• (b) by the substitution of “5 weeks” for “1 month”.

Amendment of Regulation 21 (Notice to certain public bodies and authorities)

22.

• (a) in paragraph (1), by the deletion of subparagraph (i), and

• (b) by the insertion of the following paragraphs after paragraph (2)—

• “(3) Where an application for a licence or for the review of a licence is accompanied by an EIAR, the notice given in accordance with paragraph (1) shall indicate that fact and shall state that the EIAR shall be made available to that public authority, person or body on request and the Agency shall comply with any such request as soon as possible.

• (4) Where the Agency receives an EIAR pursuant to a notice under Regulation 18(6)(c)(ii) or 18(8)(b)(ii)(II), it shall, as soon as may be following receipt of the EIAR, notify—

  • (a) the public authorities, persons or bodies prescribed in paragraph (1) indicating that a copy of the EIAR is available for inspection on the website of the Agency and will be made available to the public authority, person or body on request and that a submission in relation to the EIAR may be made in writing to the Agency within 5 weeks of the date of receipt by the Agency of the EIAR and the Agency shall comply as soon as possible with any request for an EIAR under this subparagraph, and

  • (b) any person who made a submission or observation in relation to the application in accordance with Regulation 19, indicating—

    • (i) that the EIAR is available for inspection on the website of the Agency and for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours—

      • (I) at the headquarters of the Agency,

      • (II) at the principal office of the relevant water services authority, and

      • (III) at the nearest public office of the relevant water services authority to the proposed development, and

    • (ii) that a submission or observation in relation to the EIAR may be made in writing to the Agency within 5 weeks of the date of receipt by the Agency of the EIAR.

• (5) Where a public authority, person or body to whom notice is sent pursuant to paragraph (1) does not make a submission in relation to the application before the expiry of the period of 5 weeks specified in Regulation 19, the Agency may determine the application without further notice to that public authority, person or body.

• (6) The Agency, on receipt of an application where an EIAR is required pursuant to Regulation 16(3A)(a)(i), shall—

  • (a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the waste water discharge is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to which Regulation 16(3A)(a)(i) applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice and make any submissions that the planning authority or An Bord Pleanála has in relation to the application for a licence,

  • (b) consider any submissions made to the Agency by the planning authority or An Bord Pleanála following a request under subparagraph (a) before making its decision under Regulation 28(1),

  • (c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development comprising or for the purposes of the waste water discharge to which the application relates,

  • (d) ensure that a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the waste water discharge to which the application relates and the period for any appeal under section 37 of the Act of 2000 has expired without an appeal being made before making its decision under Regulation 28(1).

• (7) The Agency, on receipt of an application where an EIAR is required pursuant to Regulation 16(3A)(b)(i), shall—

  • (a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the waste water discharge is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to which Regulation 16(3A)(b)(i) applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice—

    • (i) stating whether the waste water discharge to which the application for a licence relates is permitted by the grant of permission referred to in Regulation 16(3A)(b), and

    • (ii) furnishing all documents relating to the environmental impact assessment carried out by the planning authority or An Bord Pleanála in respect of the development or proposed development to which the grant of permission referred to in Regulation 16(3A)(b) refers and any submissions that the planning authority or An Bord Pleanála wishes to make in relation to the application for a licence,

  • (b) consider any submissions made to the Agency by the planning authority or An Bord Pleanála following a request under subparagraph (a) before making its decision under Regulation 28(1),

  • (c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development or development in being, as the case may be, comprising or for the purposes of the waste water discharge to which the application for a licence relates.

• (8) Where the Agency receives an EIAR pursuant to a notice under Regulation 18(6)(c)(ii) or 18(8)(b)(ii)(II), the Agency shall do the following—

  • (a) as soon as may be following receipt of the EIAR, notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this paragraph applies and request the planning authority concerned to respond to the Agency within 5 weeks of the date of the notice and furnish any submissions that the planning authority wishes to make in relation to the application for a licence including the EIAR,

  • (b) consider any submissions furnished to the Agency following a request under subparagraph (a) by the planning authority before making its decision under Regulation 28(1), and

  • (c) enter into consultations, as the Agency considers appropriate, with the planning authority in relation to any environmental impacts of the proposed activity to which the application for a licence relates,

  • (d) where a grant of permission is required for development comprising or for the purposes of the waste water discharge to which the application relates, ensure that a grant of permission has been made or a decision has been made to refuse a grant of permission for such development and the period for any appeal under section 37 of the Act of 2000 has expired without an appeal being made before making its decision under Regulation 28(1).”.

Substitution of Regulation 22 (Matters in an environmental impact statement to which the Agency shall have regard)

23.

“Matters in an environmental impact assessment report to which the Agency shall have regard

1. (1) The Agency shall have regard to the matters mentioned in an EIAR in respect of a development only in so far as they relate to the risk of environmental pollution of the receiving waters from the waste water discharge concerned.

2. (2) In carrying out an environmental impact assessment under these Regulations, the Agency shall consider the environmental impact assessment report, any further information furnished to the Agency under Regulation 17B(2) or (3), the views, if any, provided by a transboundary State under Regulation 23A and any submissions validly made in relation to the environmental effects of the proposed development.

3. (3) When making a decision on an application for a licence or for a review of a licence, the Agency shall have regard to the findings of any environmental impact assessment carried out under these Regulations.”.

Amendment of principal Regulations – insertion of Regulations 22A and 22B

24.

“Carrying out of environmental impact assessment in consultation with planning authority or An Bord Pleanála

22A. (1) The environmental impact assessment required to be carried out by the Agency under these Regulations where an application for a licence is in respect of a waste water discharge that involves development or proposed development that is the subject of an environmental impact assessment by the planning authority concerned or An Bord Pleanála under the Act of 2000, may be carried out by the Agency in part or in whole by way of consultation with, or the submission of observations to, that planning authority or An Bord Pleanála.

• (2) Where an application for permission relates to development or proposed development comprising or for the purposes of a waste water discharge in respect of which a licence under this Part is required—

  • (a) in relation to which a grant of permission is required, which development is of a class prescribed by regulations made under section 176 of the Act of 2000 but does not equal or exceed, as the case may be, a quantity, area or limit prescribed under those regulations, and

  • (b) in respect of which, the planning authority concerned or An Bord Pleanála is obliged under the Act of 2000 to make a determination whether an environmental impact assessment is required,

  the Agency shall, when requested by the planning authority concerned or An Bord Pleanála, consult with or provide observations to the planning authority or An Bord Pleanála to assist the planning authority or An Bord Pleanála in its deliberations in relation to the determination referred to in subparagraph (a) and shall accept the determination of the planning authority or An Bord Pleanála so made.

  Access to expertise to examine EIAR

  22B. The Agency shall ensure it has, or has access as necessary to, sufficient expertise to examine the EIAR to ensure its completeness and quality.”.

CHAPTER VI AMENDMENT OF PRINCIPAL REGULATIONS – INSERTION OF PART VA

Insertion of Part VA

25.

“Part VA

TRANSBOUNDARY ENVIRONMENTAL EFFECTS

Transboundary consultation

23A. (1) Where, in the opinion of the Agency, the discharge to which the application relates would be likely to have significant effects on the environment in a transboundary State, the Agency shall notify the transboundary State concerned of the application, as soon as may be after its receipt.

• (2) Where a transboundary State considers that a discharge the subject of an application would be likely to have significant effects on the environment in that State, the Agency shall enter into consultations with such State in relation to the potential transboundary effects of the proposed development upon request by such State.

Notification by Minister of transboundary consultation request

23B. Where a transboundary State has informed the Minister that it considers that the discharge the subject of an application would be likely to have significant effects on the environment in that State, the Minister shall notify the Agency for the purposes of Regulation 23A(2).

Provision of information to transboundary State

23C. (1) The notification for the purposes of Regulation 23A(1) and the response to the request for consultations under Regulation 23(2) shall state or include, as the case may be,—

- (*a*) the name and address of the applicant,

- (*b*) the date of receipt of the application,

- (*c*) the information provided to the Agency in accordance with Regulation 16(1)(b) to (n) or Regulation 24(b) to (o),

- (*d*) a description of the proposed development, together with any available information on the possible transboundary impact of the proposed development,

- (*e*) where an EIAR has been provided, a copy of the EIAR and—

    - (i) an indication that the development is subject to an environmental impact assessment procedure,

    - (ii) an indication that the Agency is the competent authority for taking the decision on the application,

    - (iii) an indication of the types of decision the Agency may make in relation to the application,

    - (iv) an indication that a decision on the proposed development will not be taken until the views, if any, of the transboundary State have been received or the consultations are otherwise completed, and

    - (v) the URL to the EIAR on the Agency’s website.

• (2) Where the Agency has provided information and entered into consultation with a transboundary State, the Agency shall notify the applicant of that fact.

Request for further information

23D. (1) In the case of an application to which this Part applies, the Agency may, having regard to the views of a transboundary State, and notwithstanding Regulation 28(1), require an applicant to submit further information in respect of the application, and the provisions of Regulation 20 (other than the time periods specified) shall apply to such requirement.

• (2) Where the Agency considers that further information submitted under paragraph (1) contains significant additional data on the effects on the environment of the proposed development, it shall as soon as may be following receipt of the further information—

  • (a) send notice of, and a copy of, the further information received by the Agency to—

    • (i) any person or body specified in Regulation 21(1), indicating that a submission on the further information may be made in writing to the Agency within 5 weeks of the date of the notice, and

    • (ii) any relevant transboundary State,

  • (b) notify any person who made a submission in relation to the application in accordance with Regulation 19 indicating that the further information is available for inspection on the website of the Agency and, for inspection or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Agency, and that a submission on the further information may be made in writing to the Agency within 5 weeks of the date of the notice,

  • (c) require the applicant to publish in a newspaper, circulating in the area in which the discharge takes place or is to take place, a notice, containing as a heading the name of the Agency and marked ”Effects on the Environment - Further Information“, stating—

    • (i) the name of the applicant,

    • (ii) the location or postal address (including, where appropriate, the name of the townland or townlands) and description of the waste water works, the location of discharges to which the application relates and the National Grid reference of the location of any associated waste water treatment plant,

    • (iii) the reference number of the application in the register,

    • (iv) that significant further information in relation to the application has been furnished to the Agency,

    • (v) that the further information is available for inspection on the website of the Agency, and for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the Agency, and that a submission in relation to the further information may be made in writing to the Agency within a specified period.

• (3) Where the Agency considers that the notice published in accordance with paragraph (2)(c) does not adequately inform the public, the Agency may require the applicant to give such further notice in such a manner and in such terms as the Agency may specify.

Notice of further information to transboundary State

23E. Where the Agency considers that further information submitted in response to a request under Regulation 20, in respect of an application to which this Part applies, contains significant additional data on the effects on the environment of the proposed development, it shall send a copy of the information to any relevant transboundary State.

Minimum period for determining application

23F. The Agency shall, notwithstanding Regulation 28(1), not make a decision on an application to which this Part applies until after—

- (*a*) the views, if any, of any relevant transboundary State have been received in response to consultations under this Part, or

- (*b*) the consultations are otherwise completed.

  *Notice of decision*

  23G. A notice under Regulation 28(1) shall, in respect of an application to which this Part applies, be sent to any relevant transboundary State.

  *Information to Minister on operation of this Part*

  23H. (1) The Agency shall, as soon as may be after the end of each financial year, but not later than 6 months thereafter, report to the Minister on the operation of this Part.

• (2) The Agency shall supply the Minister with such information relating to the operation of this Part, in general or in relation to any individual case, as he or she shall from time to time request arising from any obligation to a transboundary State.”.

CHAPTER VII AMENDMENT OF PART VI OF PRINCIPAL REGULATIONS

Amendment of principal Regulations – insertion of Regulation 24A

26.

“Information on planning application or grant of planning permission

24A (1) Where an application for a certificate or the review of a certificate is made to the Agency in respect of a waste water discharge that involves development or proposed development for which a grant of permission is required the applicant shall furnish to the Agency—

• (a) confirmation in writing from a planning authority or An Bord Pleanála, as the case may be, that an application for permission comprising or for the purposes of the waste water discharge to which the application relates is currently under consideration by the planning authority concerned or An Bord Pleanála, and confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment is not required by or under the Act of 2000, or

• (b) a copy of a grant of permission comprising or for the purposes of the waste water discharge to which the application relates that was issued by the planning authority concerned or An Bord Pleanála and confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment was not required by or under the Act of 2000.

• (2) Where the confirmation specified in paragraph (1)(a) or (b) cannot be provided by reason of a requirement by a planning authority or An Bord Pleanála, as the case may be, for an environmental impact assessment, the Agency shall—

  • (a) by notice in writing served on the water services authority, inform the authority that the Agency will not make a decision on the application under this Part and require the authority to submit to the Agency, within such period, if any, as is specified in such notice, an application for a licence in accordance with Part IV which shall be accompanied by an EIAR, and

  • (b) refund the fee paid in accordance with Regulation 39.

• (3) Where an application is made to the Agency in respect of a waste water discharge that involves development or proposed development for which a grant of permission is required but the applicant does not comply with Regulation 24A(1), the Agency shall refuse to consider the application and shall inform the applicant accordingly.”.

Substitution of Regulation 25 (Procedure on receipt of application)

27.

“25. (1) On receipt of an application, or further documentation relating to an application, the Agency shall—

• (a) stamp the application with the date of receipt,

• (b) assign a reference number to the application, and

• (c) issue to the applicant—

  • (i) a written acknowledgment of its receipt if the Agency is satisfied that the requirements of Regulation 24 have been complied with, or

  • (ii) notice in writing of the remaining requirements that must be satisfied within such period as is specified by the Agency.

• (2) Where an application in respect of a waste water discharge from a waste water treatment plant not specified in Regulation 17(i) is not accompanied by an EIAR, the Agency shall carry out a preliminary examination of, at the least, the nature, size or location of the development.

• (3) Where the Agency concludes, based on such preliminary examination, that—

  • (a) there is no real likelihood of significant effects on the environment arising from the proposed development, it shall conclude that an EIA is not required,

  • (b) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, it shall, by notice in writing served on the water services authority, require the authority to submit to the Agency the information specified in Schedule 7A to the Regulations of 2001 for the purposes of a screening determination unless the authority has already provided such information, or

  • (c) there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

    • (i) conclude that the development would be likely to have such effects,

    • (ii) by notice in writing served on the water services authority, inform the authority that the Agency will not make a decision on the application under this Part and require the authority to submit to the Agency, within such period, if any, as is specified in such notice, an application for a licence in accordance with Part IV which shall be accompanied by an EIAR, and

    • (iii) refund the fee paid in accordance with Regulation 39.

• (4)

  • (a) Where a water services authority is submitting to the Agency the information specified in Schedule 7A to the Regulations of 2001, the information shall be accompanied by any further relevant information on the characteristics of the proposed development and its likely significant effects on the environment, including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

  • (b) Where a water services authority is submitting to the Agency the information specified in Schedule 7A to the Regulations of 2001, the information may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

• (5)

  • (a) Where an application in respect of a waste water discharge from a waste water treatment plant not specified in Regulation 17(i) is not accompanied by an EIAR, but is accompanied by the information specified in Schedule 7A to the Regulations of 2001 and paragraph (4), or where a water services authority submits to the Agency such information pursuant to a requirement issued under paragraph (3)(b), the Agency shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.

  • (b) The Agency shall make a screening determination and—

    • (i) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or

    • (ii) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

    • (i) determine that the development would be likely to have such effects,

      • (II) by notice in writing served on the water services authority, inform the authority that the Agency will not make a decision on the application under this Part and require the authority to submit to the Agency, within such period, if any, as is specified in such notice, an application for a licence in accordance with Part IV which shall be accompanied by an EIAR, and

      • (III) refund the fee paid in accordance with Regulation 39.

• (6)

  • (a) Subject to subparagraph (b), any conclusion under paragraph (3)(b) or (c) on a preliminary examination, or a screening determination under paragraph (5)(b)(ii), shall be notified by the Agency to the water services authority within 8 weeks of receipt of the information specified in Schedule 7A to the Regulations of 2001.

  • (b) Subject to subparagraph (c), the Agency shall not be required to comply with subparagraph (a) within the period specified in subparagraph (a) where it appears to the Agency that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

  • (c) Where subparagraph (b) applies, the Agency shall, by notice in writing served on the water services authority before the expiration of the period referred to in subparagraph (a), inform the authority of the reasons why it would not be possible or appropriate to comply with subparagraph (a) within that period and shall specify the date before which the Agency intends that the conclusion or screening determination concerned, as the case may be, shall be reached or made, as the case may be.

• (7)

  • (a) The Agency shall, in making its screening determination under paragraph (5)(b) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from a proposed development, have regard to—

    • (i) the criteria set out in Schedule 7 to the Regulations of 2001,

    • (ii) the information submitted pursuant to Schedule 7A to the Regulations of 2001,

    • (iii) the further relevant information, if any, referred to in paragraph (4)(a) and the description, if any, referred to in paragraph (4)(b),

    • (iv) the environmental objectives of the river basin management plans established under the European Communities (Water Policies) Regulations 2003 ( S.I. No. 722 of 2003 ),

    • (v) the classification of bathing waters and bathing water quality status to be achieved in accordance with the Bathing Water Quality Regulations ( S.I. No. 79 of 2008 ), as amended by the Bathing Water Quality (Amendment) Regulations ( S.I. No. 351 of 2011 ) and the Bathing Water Quality (Amendment) Regulations ( S.I. No. 163 of 2016 ),

    • (vi) the programmes of actions made pursuant to the European Communities (Quality of Shellfish Waters) Regulations ( S.I. No. 268 of 2006 ), as amended by the European Communities (Quality of Shellfish Waters) (Amendment) Regulations ( S.I. No. 55 of 2009 ) and the European Communities (Quality of Shellfish Waters) (Amendment) (No. 2) Regulations ( S.I. No. 464 of 2009 ),

    • (vii) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

    • (viii) in respect of a development which would be located on, or in, or have the potential to impact on—

      • (I) a European site,

      • (II) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

      • (III) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

      • (IV) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

      • (V) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 ,

      • (VI) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

      • (VII) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

      the likely significant effects of the development on such site, area, land, place or feature, as appropriate.

  • (b) The Agency’s screening determination under paragraph (5)(b) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from a proposed development, as the case may be, including the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Regulations of 2001, on which that determination is based, and any notice under paragraph (6)(c), shall be placed and kept with the documents relating to the application.

• (8) Where the screening determination under paragraph (5)(b) is that the proposed development would not be likely to have significant effects on the environment and the water services authority has provided, under paragraph (4)(b), a description of the features, if any, of the development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development, the Agency shall specify such features, if any, and such measures, if any, in that determination.

• (9) The Agency shall, in respect of its conclusion under paragraph (3)(a) or its screening determination under paragraph (5)(b)(i), as appropriate, and the description referred to in paragraph (8)—

  • (a) make that conclusion or screening determination, as appropriate, and that description available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours—

    • (i) at the headquarters of the Agency,

    • (ii) at the principal office of the relevant water services authority, and

    • (iii) at the nearest public office of the relevant water services authority to the proposed development, and

  • (b) publish that conclusion or screening determination, as appropriate and that description for inspection on its website for inspection within 3 working days of making that conclusion or screening determination, as appropriate.”.

CHAPTER VIII AMENDMENT OF PART VII OF PRINCIPAL REGULATIONS

Amendment of Regulation 28 (Deciding on an application for a licence or for a revised licence)

28.

• (a) in paragraph (1)—

• (i) the substitution of “5 weeks” for “1 month”, and

• (ii) the insertion of “and person or body who made a submission in accordance with Regulation 19 within 3 working days” after “concerned”,

• (b) in paragraph (1)(c), the insertion of “or 18(9)(c)” after “applies)”,

• (c) the insertion of the following paragraphs after paragraph (1)—

• “(1A) The decision shall specify, include or refer to, as the case may be,—

  • (a) the name of the applicant,

  • (b) the reference number of the application, or the reference number of the licence or revised licence in the register if a licence or revised licence is granted,

  • (c) the location or postal address (including, where appropriate, the name of the townland or townlands) and description of the waste water works, the location of discharges to which the application related, or if a licence or revised licence is granted, the location of discharges the subject of such licence, if different, and the National Grid reference of the location of any associated waste water treatment plant,

  • (d) the nature of the decision,

  • (e) the date of the decision,

  • (f) in the case of a decision to grant a licence or revised licence – any conditions attached thereto,

  • (g) the main reasons and considerations on which the decision is based, and, where conditions are imposed in relation to the grant of any licence or revised licence, the main reasons for the imposition of any such conditions,

  • (h) that, in deciding an application, the Agency, in accordance with Regulation 19, has regard to submissions received in accordance with these Regulations,

  • (i) in the case of a decision to grant a licence or revised licence for a development to which Regulation 18(11) applies – a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development and such conditions, if any, as are necessary to ensure the implementation of such features and measures,

  • (j) in the case of a decision to grant or refuse a licence or revised licence where the decision by the Agency is different, in relation to the granting or refusal of such licence, from the recommendation in any report or reports prepared by or for the Agency (or such other person delegated to make the decision) – the main reasons for not accepting the recommendation in the report or reports to grant or refuse a licence or revised licence,

  • (k) in the case of a decision to impose a condition (being an environmental condition which arises from the consideration of an EIAR submitted by the applicant) in relation to the grant of a licence or revised licence where the condition is materially different, in relation to the terms of such condition, from the recommendation in any report or reports by or for the Agency (or such other person delegated to make the decision) – the main reasons for not accepting, or for varying, as the case may be, the recommendation in the report or reports in relation to such condition,

  • (l) in the case of a decision to grant, subject to or without conditions, or to refuse to grant, a licence or a revised licence where an EIAR was submitted by the applicant, a statement that the Agency is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision,

  • (m) in the case of a decision to grant, subject to or without conditions, or to refuse to grant, a licence or a revised licence where an EIAR was submitted by the applicant, a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected transboundary State, and specify how those results have been incorporated into the decision or otherwise addressed,

  • (n) the content and extent of any waste water discharge, the level of treatment to be provided, if any, and the flow and type of such discharge,

  • (o) details of any receiving water body, including its protected area status, if any, and details of any sensitive areas or protected areas, or both, in the vicinity of any discharge point or points or likely to be affected by any discharge and, in relation to any discharges to ground, details of groundwater protection schemes in place or to be provided for any receiving water body in the vicinity of such discharge,

  • (p) any monitoring and sampling points and any proposed arrangements for the monitoring of discharges and details of the likely environmental consequences of any such discharges,

  • (q) any existing or proposed measures, including emergency procedures, to prevent unintended waste water discharges and to minimise the impact on the environment of any such discharges,

  • (r) particulars of the location of the nearest downstream drinking water abstraction point or points, if any, to any discharge point or points,

  • (s) any measures required to prevent or eliminate, or, where that is not practicable, to limit or abate any pollution caused by any existing or proposed discharges, including to any environmental medium other than that into which the discharges take place or are to take place,

  • (t) any work necessary to meet relevant effluent discharge standards and a timeframe and schedule for such work.

• (1B)

  • (a) Where the Agency decides to grant a licence or revised licence, it shall—

    • (i) attach such conditions, if any, to such licence as it considers necessary, to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development,

    • (ii) in the decision, specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development, and

    • (iii) subject to subparagraph (b), where appropriate, specify in the decision measures to monitor the significant adverse effects on the environment of the proposed development, being measures which, as regards the types of parameters to be monitored and the duration of the monitoring, are proportionate to the nature, location and size of the proposed development and the significance of the effects on the environment of the proposed development.

  • (b) Where the Agency decides to grant consent for the proposed development, it may, if appropriate to avoid duplication of monitoring, and without prejudice to existing monitoring arrangements pursuant to national or European Union legislation (other than the Environmental Impact Assessment Directive), identify those arrangements (or such of those arrangements as it thinks appropriate in the particular case) to be used for the purpose of subparagraph (a)(iii).”, and

• (d) the insertion of the following paragraph after paragraph (2)—

• “(2A)

  • (a) Notwithstanding paragraphs (1) and (2), in relation to an application for a licence to which Regulation 16(3A) applies, the Agency may extend the period of 4 months referred to in paragraph (1) by such period as the Agency, in consultation with the planning authority concerned or An Bord Pleanála, as the case may be, considers necessary for completion of consultations referred to in Regulations 6(7), 21(6), 21(7), or 21(8) with the planning authority or An Bord Pleanála or to enable the Agency to comply with Regulations 21(6)(d) or 21(8)(d).

  • (b) The Agency shall give notice in writing of the extension of the period under paragraph (a) to—

    • (i) the water services authority which made the application,

    • (ii) the planning authority in whose functional area the development is or will be situate,

    • (iii) where An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the waste water discharge in relation to which the application for a licence is required, An Bord Pleanála,

    • (iv) any person who made a written submission in relation to the application, and

    • (v) any person or body notified in accordance with Regulation 21(1).”.

Amendment of Regulation 29 (Conditions attaching to licences, including those necessary to give effect to certain provisions of Community Acts)

29.

• (a) in paragraph 2(b), the substitution of “the Water Framework Directive or the Environmental Quality Standards Directive” for “the Dangerous Substances Directive or the Water Framework Directive and Daughter Directives”, and

• (b) in paragraph (2)(d), the insertion of the following after “Regulation 2(3)”—

“, other than the Environmental Impact Assessment Directive where it is determined in accordance with Regulation 18 or Regulation 25 that an environmental impact assessment is not required,”.

Amendment of Regulation 30 (Deciding on an application for a certificate or for a revised certificate)

30.

• (a) the substitution of “25(1)(c)(i)” for “25(c)(i)”, and

• (b) the substitution of “25(1)(c)(ii) or 25(6)(c)” for “25(c)(ii)”.

Amendment of Regulation 31 (Conditions attaching to certificates, including those necessary to give effect to certain provisions of Community Acts)

31.

• (a) in subparagraph (b), the substitution of “the Water Framework Directive or the Environmental Quality Standards Directive” for “the Dangerous Substances Directive or the Water Framework Directive and Daughter Directives”,

• (b) in subparagraph (d), the insertion of “, other than the Environmental Impact Assessment Directive”, after “Regulation 2(3)”, and

• (c) the insertion of the following subparagraph after subparagraph (d)—

• “(da) in the case of a decision to grant a certificate or revised certificate for a development to which Regulation 25(8) applies — give a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development and specify such conditions, if any, as are necessary to ensure the implementation of such features and measures,”.

Amendment of principal Regulations – insertion of Regulation 31A

32.

“Surrender of a licence

31A. (1) A licence may be surrendered by the holder at any time, subject to the agreement of, and by written notice to, the Agency.

• (2) A water services authority which desires to surrender its licence shall make an application for that purpose to the Agency, in such form, and giving such information and accompanied by such evidence, as the Agency requires.

• (3) The Agency shall not agree to the surrender of a licence unless it is satisfied that the discharge from the discharge point or points concerned have been terminated or are authorised by or under another licence.”.

Amendment of Regulation 34 (Questioning of decision of Agency)

33.

Amendment of Regulation 36 (Register)

34.

• (a) in paragraph (1), the insertion of “of all applications for licences and certificates and revised licences and revised certificates received by it and” after “register”,

• (b) in paragraph (2), the insertion of “to each application for a licence and certificate and revised licence and revised certificate received by it and” after “reference number”, and

• (c) in paragraph (3), the insertion of “publish on its website for inspection all of the information contained in the register and shall” after “shall”.“.

GIVEN under my Official Seal,

16 June, 2020.

EOGHAN MURPHY,

Minister for Housing, Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

For applications for authorisation by the Environmental Protection Agency of waste water discharges by Irish Water or local authorities (water services authorities), these Regulations transpose into Irish law the provisions of Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, and insofar as they had not previously been transposed into Irish law, the provisions of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment.

These Regulations also amend the Planning and Development Act 2000 (No. 30 of 2000) so as to ensure that an environmental impact assessment is carried out, where required under Directive 2014/52/EU, in relation to relevant decisions of the Environmental Protection Agency to grant a waste water discharge authorisation where a land-use consent is also required.

The provisions include:

□ Preliminary examination of all applications for licences and certificates, and revised licences and certificates, to determine if there is or is not a real likelihood of significant effects on the environment;

□ if there is no such likelihood, examination of the application without undertaking an environmental impact assessment;

□ if the likelihood cannot be excluded, a screening of the application for environmental impact assessment, and subsequent consideration of the application without undertaking an environmental impact assessment, if the screening determines there is no real likelihood of significant effects on the environment, or if there is a real likelihood of significant effects on the environment, inclusion of an environmental impact assessment in the examination of the application;

□ notification as to whether an environmental impact assessment report was provided by or sought from an applicant for land-use consent where an application for an authorisation for a waste water discharge is made;

□ consultations between the Environmental Protection Agency on the one hand, and the relevant local authority or An Bord Pleanála as appropriate on the other, in relation to applications for authorisations for waste water discharges where an environmental impact assessment report has been prepared;

□ finalisation of the grant of permission or refusal to grant permission under the Planning and Development Act 2000 before deciding on the application for an authorisation for a waste water discharge where an environmental impact assessment report had been prepared;

□ where an application for a certificate or a revised certificate in respect of an agglomeration of less than 500 population equivalent is determined to require environmental impact assessment, no decision is made on the application and an application for a licence must be made;

□ procedures for the Environmental Protection Agency to advise on the scope of an environmental impact assessment report, where such advice is sought by the water services authority;

□ revised provisions for public notice of applications requiring environmental impact assessment, including on the EIA portal;

□ web access to applications requiring environmental impact assessment;

□ increased time limits for making submissions on applications requiring environmental impact assessment;

□ transboundary consultations on relevant applications requiring environmental impact assessment;

□ increased information to be provided in the decision on applications;

□ web access to decisions where the application was subject to environmental impact assessment;

□ examination of a licence to determine whether a review of it is required; and

□ surrender of a licence.

These Regulations come into operation for applications for a waste water discharge authorisation made on or after 30 June 2020.

Footnotes