Joe Carey (Clare, Fine Gael)
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Question 162: To ask the Minister for the Environment, Heritage and Local Government if he will approve a loan application made by Clare County Council for a project (details supplied); and if he will make a statement on the matter. [32728/09]

John Gormley (Dublin South East, Green Party)
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I have informed Clare County Council that I am prepared to approve borrowing of up to €5.9 million in 2009 in respect of a number of water services schemes that are completed or currently in progress in the County. The Council indicated in their submission to my Department that any borrowing necessary for the Broadford scheme will not be required until 2010, at which stage the matter will be considered further.

Joanna Tuffy (Dublin Mid West, Labour)
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Question 163: To ask the Minister for the Environment, Heritage and Local Government if he has determined if statutory regulations in respect of the drilling of groundwater boreholes are necessary and a firm basis is required for the acquisition of borehole and other records from third parties, in view of the fact that a large number of boreholes are drilled every year here to provide water supplied for private and public water schemes with many of these becoming contaminated during the recent wet summers; and if he will make a statement on the matter. [32729/09]

John Gormley (Dublin South East, Green Party)
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Under Article 6 and Schedule 2, Part 1, Class 44, of the Planning and Development Regulations 2001, drilling of a borehole for the purpose of providing a domestic water supply, or an approved group water supply scheme, is exempt from the requirement to obtain planning permission (subject to the exceptions set out in Article 9 of the Regulations). Development by a local authority does not require planning permission, but drilling for water supplies is one of the categories of works prescribed under Article 80 of the Planning and Development Regulations 2001 as requiring a public consultation process and submission to the elected members for approval. The interpretation of the Regulations is a matter for the planning authorities. The onus is on the developer and provider of on-site water supplies to ensure that the provision of such facilities complies, where appropriate, with all the relevant requirements in relation to planning permission. Many planning authorities have developed groundwater and aquifer protection requirements as part of their statutory development plans. I am unaware of any formal system of recording of existing water bore-holes.

Under the Water Framework Directive, Member States must have controls for significant surface water and groundwater abstractions and surface water impoundments. My Department is considering the measures necessary to give effect to this requirement.

The European Communities (Drinking Water) (No. 2) Regulations 2007 set down the parameters with which drinking water supplies should comply. Public drinking water supplies by local authorities are subject to the supervision of the Environmental Protection Agency (EPA) while group water supplies are supervised by the local authorities. In addition, the owners of private water supplies that are supplying water as part of a public or commercial activity must also comply with the Regulations – the onus is on the owner to ensure that the supply is compliant.

Jack Wall (Kildare South, Labour)
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Question 164: To ask the Minister for the Environment, Heritage and Local Government the progress made in regard to the provision of a new sewerage scheme in respect of a town (details supplied) in County Kildare in view of the recent court decision and the concerns expressed to him by a local angling club; and if he will make a statement on the matter. [32738/09]

John Gormley (Dublin South East, Green Party)
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The Ballymore Eustace Wastewater Treatment Plant is included for funding in my Department's Water Services Investment Programme 2007 – 2009 under the Serviced Land Initiative measure.

In April 2009, following a review of the Serviced Land Initiative in light of developments in the economy at large, and in the housing market in particular during 2008, and having regard to the oversupply of housing in some areas, my Department informed all local authorities that the Initiative was being discontinued. All existing scheme approvals under the Initiative, for which contracts had not been signed or letters of intent had not issued, were withdrawn.

However, local authorities were also informed that where they were of the opinion that the continuation of a scheme is necessary for the proper development of an area, it was open to the relevant authority to make a case to the Department by 29 May 2009 for the scheme to progress. My Department is assessing the responses received, including that from Kildare County Council, and the decisions on the schemes to progress will be conveyed to the relevant local authorities as soon as possible.