S.I. No. 418/2024 - Water Environment (Abstractions and Associated Impoundments) (Licensing Fees) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th August, 2024.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by sections 4 and 57 of the Water Environment (Abstractions and Associated Impoundments) Act 2022 (No. 48 of 2022), hereby make the following regulations:

Citation and Commencement

1. These Regulations may be cited as the Water Environment (Abstractions and Associated Impoundments) (Licensing Fees) Regulations 2024.

2. These Regulations shall come into operation on 29^th August 2024.

Definitions

2. In these Regulations—

“Agency” means the Environmental Protection Agency;

“licence” means an abstraction licence applied for to, or granted by, the Agency in accordance with Part 5 or 6 of the Water Environment (Abstractions and Associated Impoundments) Act 2022 (No. 48 of 2022).

Fee for application for licence

3. (1) Subject to paragraph (2), an applicant for a licence shall pay to the Agency the fee referred to in column (2), opposite the mention of the relevant class of abstraction in column (1), of the Schedule.

(2) The Agency may, at its sole discretion, having had regard to the circumstances of the case, reduce or waive, by whatever amount it considers appropriate, a fee payable under paragraph (1).

Fee payable for application to review conditions to which licence is subject

4. (1) Subject to paragraph (2), an applicant for the review of conditions to which a licence is subject shall pay to the Agency the fee referred to in column (3), opposite the mention of the relevant class of abstraction in column (1), of the Schedule.

(2) The Agency may, at its sole discretion, having had regard to the circumstances of the case, reduce or waive, by whatever amount it considers appropriate, a fee payable under paragraph (1).

Fee payable for application to surrender licence

5. An applicant for the surrender of a licence shall pay to the Agency the fee referred to in column (4), opposite the mention of the relevant class of abstraction in column (1), of the Schedule.

Fee payable for application to transfer licence or revised licence

6. An applicant for the transfer of a licence or a revised licence shall pay to the Agency the fee referred to in column (5), opposite the mention of the relevant class of abstraction in column (1), of the Schedule.

Fee for enforcement of licence

7 (1) Subject to paragraph (2), the Agency may, from time to time, specify a fee that it considers appropriate to be charged by the Agency and paid by a licensee to discharge the costs incurred by the Agency—

(a) in determining whether there has been compliance with any conditions attached to a licence,

(b) in relation to any steps taken for the purpose of monitoring an abstraction, or

(c) otherwise reasonably incurred in relation to an abstraction.

(2) A fee charged by the Agency under paragraph (1) shall not, in any case, exceed the amount actually incurred by the Agency in respect of the items mentioned in paragraph (1)(a) to (c), as the case may be.

Contract debts

8. The Agency may recover, from the person by whom it is payable, an amount due in respect of fees under these Regulations as a simple contract debt in any court of competent jurisdiction

SCHEDULE

Regulations 3 to 6

Fees

GIVEN under my Official Seal,

28 August, 2024.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.