Oireachtas Joint and Select Committees

Thursday, 5 November 2020

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Water Environment (Abstractions) Bill 2020: Discussion (Resumed)

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I welcome the teams from SWAN and the EPA. We have looked at their presentations and our own documentation. I want to keep my focus on two or three questions and then give my time to the witnesses because I want to hear answers instead of spending my time talking.

I wish to speak with the witnesses about two matters. In terms of registration, we are told that the licensing thresholds are significantly higher in the UK. This is a recurring theme. What are the witnesses' views on this? What is the rationale behind it?

Two issues keep arising, namely, that all abstractions of 10 cu. m should be required to be registered and all abstractions of 20 cu. m should be subject to licensing. There are two conflicting views on this matter, and I would like to hear both sides. It is an area of contention in terms of the water directive and the impact on habitats and the environment. The witnesses and I know it is highly litigated, so they might talk us through it.

The EPA mentioned that approximately 490 abstractions were anticipated to require authorisation. Has it a breakdown of these applications in terms of agriculture, cement, construction or forestry? The committee might be interested in having a look at that information in order to understand what is being discussed.

All legislation is good legislation if it has been approved and teased out, and this discussion is part of that process. The EPA will ultimately be responsible for much of the administration involved. Deputy Higgins raised questions about capacity and resources. What are the financial and personnel resources required to administer the new licensing regime? Enforcement will be critical. If there was not the capacity to see the legislation through, it would be a concern. What is the EPA's view on enforcement?

There are 31 local authorities. How does the EPA work with them? The local authorities have a great deal of local knowledge. After all, they are the planning authorities. We see where there is planning consent for industry and other areas. If the EPA is not already doing so, significant engagement and synergy with the local authorities in their role are needed. They can give the EPA an advantage.

I am particularly interested in how the EPA will enforce the legislation and what resources it has. Since no organisation ever has enough resources, does the EPA need more? Being unable to enforce the legislation would be an issue.

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