Pat Gallagher (Donegal South West, Fianna Fail)

These amendments replace reference in section 66(1) to "The occupier of a premises" with reference to a person causing a discharge. Their purpose is to identify more precisely who may make an appeal under this section in regard to a decision on a trade effluent discharge licence. Section 66 provides for appeal of decisions on licence applications or licence reviews under sections 63 and 65. It is essentially a restatement of similar provisions under the Local Government (Water Pollution) Act which had been repealed and consolidated in the Bill.

It has come to notice in the course of consultations following publication of the Bill that the use of the term "occupier" has on occasion caused some disruption to the operation of the licensing appeals system under the water pollution Acts. Difficulties can arise, for example, in the case of a dispute between a landlord and a tenant over who is the rightful legal occupier of a premises and therefore has the right to bring an appeal.

The purpose of these amendments is to remove any doubt in this respect. They express without equivocation that the right of appeal applies to the person who is causing the discharge concerned, regardless of any tenancy issues. The revised wording reflects the style of wording in section 63 and is concerned with the requirement to apply for a licence in the first instance and will allow An Bord Pleanála to proceed with an appeal without delay while any dispute over legal occupancy is resolved separately through appropriate channels.