Dr. Eimear Cotter:

I will explain matters with regard to the water framework directive while Ms O'Connor might answer take up the questions around indefinite licences and reviews. Overall, the first question is about the figure of 25 cu. m and the various thresholds. The starting point for us is looking at this from a risk point of view. As the Deputy said in his last question, approximately 6% of water bodies in Ireland are at environmental risk due to water abstraction. That is our starting point for looking at what is in the general scheme of this Bill. We are very much focused on where those large volumes of abstractions are and whether we can focus the regulatory effort on those larger volumes to allow them to come into the EPA in terms of licensing. I know there has been much discussion about the 25 cu. m per day threshold. From our point of view, that is a reasonable threshold. Above that, focusing on the larger abstractions, be it medium level, greater than 250 cu. m or up to 2,000 cu. m, where they cause a significant risk, they would come into the licensing regime and those larger ones of over 2,000 cu. m will come in anyway irrespective. With our analysis, technical information and scientific data, they are reasonable thresholds to allow this risk-based approach where we would focus the regulatory effort on those areas that are likely to pose the greatest environmental risk. This means we can ensure adequate environmental protection is balanced in a proportionate way with the administrative and costs issues.

All abstractions are subject to general binding rules as set out in the scheme of the Bill so irrespective of the threshold, we would welcome some clarity on who will enforce the general binding rules. That would be useful. There is a requirement in the scheme that before we issue a licence, the EPA will need to determine compliance with the general binding rules. Again, this begs the question of who will enforce those general binding rules.

Regarding the current level of abstractions, a total of 1,583 abstractions are registered. We estimate that 490 of those will require a licence, that is, looking above the 250 cu. m per day threshold right up to the larger level of abstractions. That work is ongoing. It involves assessing the number of licences that would come into us - of course, we will be waiting for the legislation to be enacted - and running the risk assessment provided for under head 2 that looks at the cumulative impact of water abstractions. Based on that, that will give us the information to say who is abstracting, who is posing a significant risk and who needs to come into the EPA for a licence. I will hand to Ms Gurrie regarding the thresholds and the volume of abstractions; the 95%.