Pat Gallagher (Donegal South West, Fianna Fail)

Amendment No. 75 replaces the existing section 43 with an expanded version incorporating drains and distribution systems in addition to service connections and also providing for taking in charge such connections. It arises in the light of the revised definitions of "drain", "distribution system" and "service connection" in section 2. The purpose of expanding the scope of the existing provision to provide for its application to drains and distribution systems is to avoid the frustration of the section's application in particular instances, for example, with complex piping layouts in some industrial estates where there might be some doubt about whether a specific pipe comes under the legal definition of a service connection as distinct from a drain or distribution system. Existing powers to take in charge sewers, water mains or drains under section 180 of the Planning and Development Act 2000 apply only in the context of housing estate development and are for the purpose of compelling a planning authority to take in charge sewers, water mains, drains, roads and other open spaces when requested by the majority of relevant qualified electors. Section 43 of this Bill, as amended, will not affect the application of those provisions.

Subsection (13) enables a water services authority to take such pipes in charge of its own volition and will, therefore, complement the provisions of the Planning and Development Act 2000. In addition, it enables a water services authority, at its discretion, to take in charge any drain, distribution system or service connection, for example, on an industrial estate. Provision is included for appeal to a court of competent jurisdiction regarding a proposal by a water services authority to take in charge a connection to ensure that the rights of all parties involved are protected. However, it is anticipated that in many instances use of such powers will be at the prior request of the occupant, for example, where a householder agrees with the water services authority to take in charge a service connection for the purpose of its subsequent renewal and maintenance.

I understand we are taking amendments Nos. 75 and 76 together. Perhaps I might give my view regarding amendment No. 76.