S.I. No. 480/2024 - Waste Water Discharge (Authorisation) (Amendment) Regulations 2024


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th September, 2024.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 amending Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, hereby make the following regulations:

Citation

1. These Regulations may be cited as the Waste Water Discharge (Authorisation) (Amendment) Regulations 2024.

Amendment of Waste Water Discharge (Authorisation) Regulations 2007

2. Regulation 44 of the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 ) is amended by the substitution of the following paragraph for paragraph (1) (amended by Regulation 5(3) of the Waste Water Discharge (Authorisation) (Environmental Impact Assessment) Regulations 2016 ( S.I. No. 652 of 2016 )):

“ (1) Where Regulation 41, 42 or 43 applies, before making a decision in respect of a proposed development, a planning authority or An Bord Pleanála, as the case may be, shall, where the authority concerned or the Board consider that the proposed development may have a significant impact on waste water discharges, request the Agency in writing, within such period (ending not later than 6 weeks from the date of the request) as may be specified in the written request, to make observations in relation to the likely impact of the proposed development on waste water discharges and, where so requested, the Agency shall comply with the request to make such observations.”.

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GIVEN under my Official Seal,

23 September, 2024.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend Regulation 44 of the Waste Water Discharge (Authorisation) Regulations 2007. This amendment is made in order to clarify the wording concerning the obligation on the Agency to make observations following a request to do so by a planning authority or An Bord Pleanála where they are of the view a proposed development may have a significant impact on waste water discharges.

1 OJ No. L 26, 28.01.2012, p.1.

2 OJ No. L 124, 25.04.2014, p.1.