Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

This section relates to the making of regulations to address abstractions that do not require a licence or are in the process of applying to the EPA for a licence. The policy behind the development of this Bill is a risk-based approach to controlling abstractions and ensuring Ireland meets its obligations under the water framework directive.

Requirements relating to appropriate assessment screening under the habitats directive do not apply in regard to these abstractions that do not require a licence. Appropriate assessment only applies in instances where it is proposed to grant a consent of some kind, and no consent process is being proposed under this section. On these grounds the amendment cannot be accepted.

I note that the EPA has jurisdiction over areas that are vulnerable. It can require an appropriate assessment to be carried out. However, where no consent or authorisation is required, an appropriate assessment is not appropriate.