Water Services (No. 2) Act 2013

33.

Water services strategic plan

33. (1) Irish Water shall—

(a) after consultation with the Commission, the Agency, each local authority and each regional body, and

(b) not later than such date as the Minister may direct,

prepare and submit to the Minister a plan (in this Part referred to as a “water services strategic plan”) in accordance with this section.

(2) Irish Water may—

(a) after consultation with the Commission, the Agency, each local authority and each regional body, and

(b) at any time during the period to which a water services strategic plan approved under this section relates,

prepare and submit to the Minister a plan (in this Part also referred to as a “water services strategic plan”) amending or replacing the first-mentioned water services strategic plan.

(3) A water services strategic plan shall be in such form as the Minister shall direct.

(4) A water services strategic plan shall state the objectives of Irish Water in relation to the provision by it of water services in respect of the period of 25 years following the approval of the plan by the Minister under this section and the means by which it proposes to achieve those objectives, including in relation to—

(a) drinking water quality,

(b) the prevention or abatement of risks to human health or the environment relating to the provision of water services,

(c) the existing and projected demand for water services,

(d) existing and planned arrangements for the provision of water services by Irish Water,

(e) existing and reasonably foreseeable deficiencies in the provision of water services by Irish Water,

(f) existing and planned water conservation measures,

(g) the management of the property of Irish Water.

(5) Irish Water shall, when preparing a water services strategic plan—

(a) ensure, as far as practicable, that the plan is consistent with—

(i) the F23 [ National Planning Framework ],

(ii) regional planning guidelines, and

(iii) any river basin management plans under regulation 13 of the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003) for the time being in force,

and

(b) have regard to—

(i) proper planning and sustainable development F24 [ in line with any development plans within the meaning of the Act of 2000, in particular with the core strategy under section 10 of that Act ],

(ii) housing strategies made under section 94 of the Act of 2000,

(iii) special amenity area orders within the meaning of the Act of 2000,

(iv) strategic development zones within the meaning of Part IX of the Act of 2000,

(v) water quality management plans under section 15 of the Local Government (Water Pollution) Act 1977,

(vi) waste management plans under section 22 of the Waste Management Act 1996, and

(vii) such other matters as the Minister may direct.

(6) The Minister shall, not later than 3 months after a water services strategic plan is submitted to him or her under this section—

(a) approve the plan (with or without modification), or

(b) refuse to approve the plan and require Irish Water to submit to him or her a revised water services strategic plan within such period as he or she directs.

(7) The Minister shall, as soon as practicable after he or she has approved (with or without modification) a water services strategic plan cause a copy of it to be laid before each House of the Oireachtas.

(8) As soon as practicable after the Minister has approved a water services strategic plan, Irish Water shall publish the plan on the internet.

(9) Where a water services strategic plan is approved under this section, Irish Water shall—

(a) not later than 5 years after the approval, and

(b) not later than 5 years after the most recent review under this subsection,

conduct a review of the implementation and operation of the plan.

(10) An application for permission under Part III of the Act of 2000 shall not be refused by a planning authority or An Bord Pleanála solely on the ground that the development to which the application relates is not referred to in the water services strategic plan for the time being in force, provided that the planning authority or An Bord Pleanála, as the case may be, considers that the development will facilitate the achievement of the objectives of that plan.

(11) In considering a proposed development under section 179 of the Act of 2000 a local authority shall not decide that the development should not be proceeded with solely on the grounds that the said development is not specifically referred to in the water services strategic plan in force if the authority considers the development will facilitate the achievement of the objectives of the water services strategic plan.

(12) F25 [ ]

Annotations:

Amendments:

F23

Substituted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. 17, commenced on enactment.

F24

Inserted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 62, commenced on enactment.

F25

Deleted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. 18, commenced on enactment.