Water Services Act 2017
|
Threshold amount and allowance amount | ||
|
9. The Act of 2007 is amended by the insertion of the following section after section 53A (inserted by section 8 ): | ||
“53B. (1) The Minister, as soon as may be after he or she has considered the first report under section 53A (inserted by section 8 of the Water Services Act 2017) furnished to him or her, shall by order specify— | ||
(a) the threshold amount, and | ||
(b) the allowance amount. | ||
(2) When making an order under subsection (1)(a), the Minister shall calculate the threshold amount by multiplying the average rate contained in the report furnished to him or her under section 53A by a multiplier of 1.7. | ||
(3) The allowance amount specified by the Minister when making an order under subsection (1)(b) shall be the sum equivalent to the recommended allowance contained in the report under section 53A. | ||
(4) The Minister, as soon as may be after he or she has considered a subsequent report furnished to him or her under section 53A— | ||
(a) may amend the order made under subsection (1)(a), and | ||
(b) shall, unless there has been no change in the recommended allowance specified in the previous report, amend the order made under subsection (1)(b) to specify the sum equivalent to the recommended allowance contained in that report. | ||
(5) Where the Minister after consideration of a subsequent report furnished to him or her under section 53A amends, during the period of 5 years commencing on the coming into operation of this section, an order made under subsection (1)(a) or (4)(a), he or she shall calculate the threshold amount by multiplying the average rate specified in the subsequent report concerned by a multiplier of 1.7. | ||
(6) Where the Minister after consideration of a subsequent report furnished to him or her under section 53A amends, at any time after the expiration of the period of 5 years commencing on the coming into operation of this section, an order made under subsection (1)(a) or (4)(a), he or she shall calculate the threshold amount by multiplying the average rate specified in the subsequent report concerned by a multiplier not exceeding 1.7. | ||
(7) Before making an order under subsection (5) or (6) the Minister shall have regard to— | ||
(a) the need to promote conservation of water and sustainable management of water resources, | ||
(b) the need to prevent or abate risks to human health or the environment in the provision of water services, | ||
(c) any river basin management plans for the time being in force made under Regulation 13 of the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ), and | ||
(d) proper planning and sustainable development. | ||
(8) Where an order is proposed to be made under subsection (6) a draft of the order shall be laid before each House of the Oireachtas and the Order shall not be made until a resolution approving the draft has been passed by each such House.”. |