Seanad debates

Tuesday, 22 November 2022

Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (Resumed)

 

2:30 pm

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

A timeframe of 52 weeks is included in the Bill to ensure that all claims are submitted and dealt with in an appropriate timeframe. Any claim for compensation under this section can be made only after the abstraction has commenced. Any person who believes he or she may be entitled to compensation has the duration of the licence application process, plus the additional 52 weeks provided in section 69, to determine if there has been a material impact on their rights, title or interests in respect of water. This is considered ample time to determine if there has been a material impact and the scale of that impact. Subsection 69(3) also allows for potential extension of this period on application to the High Court where there is good and sufficient reason for doing so and the circumstances that resulted in the failure to bring the claim within 52 weeks were beyond the person's control. These compensation provisions are considered both comprehensive and fair and, in that regard, this amendment is not accepted.

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