Phil Hogan (Carlow-Kilkenny, Fine Gael)

I am coming to that. The Local Government (Planning and Development) Act 1963 came into force in October 1964 and records of developments carried out since then are held by the planning authorities. However, properties constructed since 1964 have been sold, sometimes more than once, and the planning records do not contain details of changes of ownership because under this legislation the owner is responsible for the condition of the septic tank. Ownership details regarding properties constructed before 1964 are not held. Also, under the Planning and Development Regulations 2006, applicants for planning permission are required to provide certain information in respect of septic tanks or other on-site wastewater treatment systems. However, this requirement only relates to developments commenced after 31 March 2007. Registration under the new legislation is necessary to allow us have up to date details of all owners of unsewered properties, whatever their date of construction, that can be recorded, along with the type of domestic wastewater systems in place. Also, we do not know what was happening before 1963.

The reason this legislation is urgent is that the European Commission went back to the courts last July and it will impose a fine of €26,000 a day, or lump sum fines of up to €2.7 million, if we do not file a defence early in 2012. This legislation is the defence to show that we are introducing an inspection and monitoring system to comply with the European Court of Justice ruling.

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