Pat Gallagher (Donegal South West, Fianna Fail)

The purpose of amendment No. 169, which inserts a new section, section 102, is to bring together the provisions of the Bill and the Local Government (Water Pollution) Acts which deal with the determination of fees for appeals to An Bord Pleanála and to align with provisions for appeals to the board under the planning code. It will facilitate the application of uniform procedures by the board in respect of the various appeals processes for which it has responsibility and further streamline the regulatory process.

The text of the proposed new section is based on similar provisions in section 144 of the Planning and Development Act 2000. The new section enables the board to determine fees for appeals under section 66 of the Bill in the matter of licensing of trade effluent discharges to sewers under section 63. In addition, it may determine fees for appeals under section 8 of the Local Government (Water Pollution) Act 1997, as amended by section 6 of the Local Government (Water Pollution) (Amendment) Act 1990, in the matter of licensing of trade effluent discharge to waters. However, either such determination will be subject to the approval of the Minister in the first instance.

Subsection (2) provides that once the Minister has approved the first set of fees, the board is required to review them at intervals of not more than three years and may increase them thereafter in line with the consumer price index without further recourse to the Minister. The consumer price index is defined for the purposes of this section and subsection (3). Under subsection (4), eight weeks' public notification is required before fees that are determined or revised under this section come into effect. Subsection (5) is a transitional provision to enable fees determined in accordance with regulations made under section 6(2)(a) and (b) of the 1977 Act, inserted by section 4 of the 1990 Act, to remain in force until fees are determined by the board under this section. Section 6(2)(a) and (b) are, in turn, being repealed by amendment No. 203. Subsection (6) replaces subsections 67(4) and (5), which are being deleted under amendment No. 130.

Arising from amendment No. 169, references in section 67 to making regulations for fees payable to An Bord Pleanála for appeals to it under section 66 in the matter of licensing decisions under sections 63 and 65 are no longer appropriate. Amendments Nos. 126 to 128, inclusive and No. 131 delete subsection (2), paragraph (i) of section 67 and all subsequent references to it accordingly. Under amendment No. 130, subsections (4) and (5) of section 67 are being deleted. They are being incorporated in the new section 102 by amendment No. 169 in order to consolidate all provisions to do with fees for appeals to An Bord Pleanála into one section. Amendment No. 129 is an incidental technical amendment to correct a syntax error.