Pat Gallagher (Donegal South West, Fianna Fail)

The purpose of this amendment is to clarify the powers of An Bord Pleanála in dealing with an appeal under section 66 relating to a trade effluent discharge licence and to give it additional powers of direction for this purpose. The current wording of subsection (2) is based on the provision in section 20 of the Local Government (Water Pollution) Act 1977, as amended by section 15 of the Local Government (Water Pollution) (Amendment) Act 1990, which has been consolidated into the Bill.

However, the Department has been made aware of the difficulty with the application of this provision. The board is only given two options in determining an appeal in that it may either allow or refuse it. Technically, therefore, it cannot make a direction to a licensing authority about the attachment of specified conditions unless it has committed itself to either option. In cases in which it might agree substantially but not fully with an appellant's argument, therefore, the board needs additional powers, while neither allowing nor refusing an appeal, simply to direct the Water Services Authority to make specified amendments to licensing conditions. The proposed amendment will therefore enable the board first, to allow or refuse an appeal or second, to direct the Water Services Authority about the granting of a licence or the variation of a licence by amendment, definition or addition of specified conditions.

Amendment No. 124 covers the same purpose as amendment No. 125 in the name of Senator Bannon and amendment No. 125 is, therefore, superfluous. In view of this I ask the Senator to consider withdrawing it.