Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

These insertions correct a drafting omission that, if uncorrected, would result in instances where an impoundment that was not previously subject to a joint licence was omitted from the requirements of the subsection. This insertion is required to ensure the protection of the environment as well as the conditions of existing licences reliant on a given associated impoundment.

Subsection (5) requires that, in cases where the impoundment being relied on for the purpose of a joint licence is the subject of an existing licence, the new joint licence will not alter the impoundment in a way that could cause a water body to fail to meet its environmental objectives or affect the continued operation of the impoundment as it relates to the existing licence. In other words, the conditions of a new joint licence cannot result in a contravention of the conditions of an existing licence.

With these amendments included, the requirements under this section that relate to a joint licence for abstraction and associated impoundment will apply regardless of whether the associated impoundment was previously subject to another joint licence.