Grace O'Sullivan (Green Party) | Oireachtas source

I move amendment No. 37:

In page 47, between lines 29 and 30, to insert the following:"(2) Section 34 of the Principal Act is amended by inserting after subsection (2):

"(2A) A planning authority shall, unless a derogation from the provisions of the Water Framework Directive has been granted, refuse permission for any project which may cause a deterioration of the status of a body of surface water or where it jeopardises the attainment of good surface water status or of good ecological potential and good surface water chemical status by the date laid down by the Water Framework Directive.".".

The amendment is designed to reflect the findings against Germany in the European Court of Justice in case C-461/13 of 2015 regarding compliance with the water framework directive when conducting river widening and activities which could cause a deterioration of the status of a body of surface water or where it jeopardises the attainment of good surface water status or good ecological potential. Ireland is required to achieve this objective through the planning system and my amendment proposes to place this requirement in primary legislation.