Pat Gallagher (Donegal South West, Fianna Fail)

Section 63(7) provides that where a trade effluent discharge authorised by a licence has not been made for three years, the licence shall cease to have effect. The provision, which is based on the existing provisions for trade effluent licensing under the Local Government (Water Pollution) Act 1977, which are being consolidated into the Bill, is intended to weed out dormant licences and ensure that all licences are relevant and current. Where a licensed operation has not discharged relevant effluent for a period of three years it is considered reasonable to assume that the licence is no longer necessary.

It is possible that a particular operation might be licensed for occasional sporadic discharge and may, quite legitimately in accordance with its licence, over a four year period not discharge for a cumulative period of more than three years. In such circumstances, it is not envisaged that a licence should be considered to be dormant or to have ceased to have effect.

The existing provision, based on the original 1997 legislation, has stood the test of time. The three year requirement has proven to be effective and has not caused any operational difficulties. I recognise the points made by Senator Bannon but do not think the amendments are necessary. In the circumstances, I regret that I am unable to accept them.