Michael Creed (Cork North West, Fine Gael)
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Question 240: To ask the Minister for the Environment, Heritage and Local Government if he will clarify the powers available to local authorities under section 12 of the Environmental Protection Agency Act 1992, Section 296 of the Fisheries (Consolidation) Act 1959 and Section 28 of the Local Government (Water Pollution Act) 1977 in respect of water quality and sampling; if in this context he will clarify the proposed additional powers which he proposes for local authorities under the Draft European Communities (Good Agricultural Practice of Waters) Regulations 2008; his views on whether these inspections duplicate those carried out by Department of Agriculture, Fisheries and Food officials under the existing nitrate directive regulations; and if he will make a statement on the matter. [5126/09]

John Gormley (Dublin South East, Green Party)
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These Acts provide for a range of powers in relation to the protection of the environment. Section 13 of the Environmental Protection Agency Act confers powers on an authorised person to, inter alia, enter premises, take samples and inspect documents. Section 296 of the Fisheries (Consolidation) Act 1959 relates to the powers of an authorised person in the context of protecting salmonid fisheries.

Primary responsibility for the protection of water quality is assigned to local authorities under the Local Government (Water Pollution) Acts and section 28 of the 1977 Act, confers powers on an authorised person, including powers of entry and inspection. Local authorities operate under the general supervision of the EPA regarding the performance of their functions in relation to environmental protection.

A number of additional powers are to be given to local authorities under the proposed revisions to the European Communities (Good Agricultural Practice for Protection of Waters) Regulations and these proposed revisions also provide for enhanced cooperation between local authorities and the Department of Agriculture, Fisheries and Food in this area.