Michael Ring (Mayo, Fine Gael)
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Question 203: To ask the Minister for the Environment, Heritage and Local Government if an appropriate assessment is required for waste water discharges by local authorities that discharge directly into marine and freshwater special areas of conservation designated under the Habitats Directive as transposed into law here by the European Communities (Natural Habitats) Regulations; the national competent or consent authority charged with drawing up such assessments; the bodies, institutions or authorities which were consulted in the process of drawing up the requirements for the assessments; the average cost and length of time for carrying out such an assessment; if the assessment template was submitted to the Directorate General for the Environment in the European Commission for prior approval; if final agreement or signing off by the National Parks and Wildlife Service was required before the assessment template was submitted to DG Environment for approval; the breakdown of assessments that finished at the screening stage compared with those which went on to have a full assessment; the role the competent authority have in collecting the baseline data against which projects are assessed; and if he will make a statement on the matter. [41186/09]

John Gormley (Dublin South East, Green Party)
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It is a matter for the appropriate consent authority to ensure that any development or activity that could have a significant impact on a Natura 2000 site is granted such consent in compliance with the provisions of the Birds and Habitats Directives, as transposed into Irish law in the European Communities (Natural Habitats) Regulations.

Waste water treatment plants are generally subject to planning consent from An Bord Pleanala and to licence from the EPA. As Minister for the Environment, Heritage and Local Government, I am a statutory consultee in such applications and my Department provides scientific advice to the relevant consent authority in such matters. It is for the consent authority to undertake screening for appropriate assessment and, if required, to make an appropriate assessment of such applications, based on information made available to it by the applicant and third parties. As such, my Department does not have information on the average length of time or cost of such assessments or the number of applications that were screened for appropriate assessment or appropriately assessed.

It is a matter for the consent authority to decide whether sufficient data has been made available for it to come to a conclusion regarding an appropriate assessment. In some cases relevant data will be available from my Department and in others the consent authority may require the applicant to collect and provide further data.

Guidance for consent authorities to meet their legal requirements in regard to appropriate assessment has been made available by the European Commission and by my Department. In September 2008 my Department issued guidance to local authorities to assist them in meeting their legal obligations in this regard in their delivery of the Water Services Investment and Rural Water Programmes. This guidance was not specifically discussed with the European Commission.