Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I move amendment No. 68:

In page 47, between lines 1 and 2, to insert the following:“10. Section 34 of the Principal Act is amended by inserting the following after subsection (2):

“(2A) A planning authority shall, unless a derogation from the provisions of the Water Framework Directive has been granted, refuse permission for any project which may cause a deterioration of the status of a body of surface water or where it jeopardises the attainment of good surface water status or of good ecological potential and good surface water chemical status by the date laid down by the Water Framework Directive.”.”.

This amendment is to make sure our legislation reflects the judgment of the European Court of Justice, ECJ, in case 461/13, which we will be required to do anyway. It is putting in legislative provision for what the European Court of Justice has directed.