64.— (1) In this section—

“existing discharge” means a discharge which is similar in nature, composition and temperature to, and is of a similar volume and is made at a similar rate to, a discharge made during any corresponding period in the period of 12 months ending on the relevant date;

“relevant date” means the date fixed by order under section 63.

(2) Where a water services authority proposes to grant a licence under section 63 for an activity in respect of which a licence has been granted under section 16 of the Act of 1977, the water services authority shall, if the licence is being granted during the period of 3 years from the grant of the aforementioned licence, have regard to the conditions (if any) attached to such licence and the costs in relation to the activity which would be incurred if different conditions were attached to the licence to be granted under section 63.

(3) A person shall be deemed not to have contravened section 63(1) in relation to an existing discharge of trade effluent made in accordance with a licence under section 16 of the Act of 1977 if, before the relevant date, he or she applies for a licence under this section and complies with the requirements of any regulations under section 67 regarding the furnishing of information to a water services authority.

(4) In a prosecution for an offence under section 63 it shall be presumed, until the contrary is shown by the person charged, that the discharge concerned is not an existing discharge of trade effluent or other matter made in the circumstances specified in subsection (3).

(5) On or after the commencement of this section, the relevant water services authority shall ensure that an activity for which a licence is required under section 63 is carried out in accordance with any licence issued under section 16 of the Act of 1977 for the same discharge until a decision on an application for a licence under section 63 or an appeal under section 66, made in accordance with the requirements of this Act, has been made, as the case may be, at which stage the licence under the Act of 1977 will lapse.

(6) Notwithstanding section 63(1), where a licence under section 16 of the Act of 1977 lapses before a decision on an application for a licence under that section or an appeal under section 66, as the case may be, has been made, the discharge to which the licence relates may continue, subject to the conditions (if any) attached to such licence, until a decision on an application for a licence under section 63 or an appeal under section 66 as the case may be, has been made, provided that the application for the licence under section 63 or an appeal to the Board under section 66 has been made in the manner prescribed by such date as may be prescribed by the Minister for the purposes of those sections.

(7) Where, before the commencement of section 63 there is an application for a licence to discharge or cause or permit the discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer or part thereof which is owned, vested in or otherwise under the control of a water services authority or of a person providing water services under an agreement with a water services authority, and a decision on the application has yet to be made by the water services authority, the application shall, on commencement of section 63, be deemed to be an application under that section.

(8) Notwithstanding subsection (7), neither this section nor section 63 shall apply to an activity where an appeal to the Board under section 20 of the Act of 1977, as inserted by the Act of 1990 has been, or may still be made, until the time for making the appeal has expired or the appeal has been determined or withdrawn and the licence (if any) issued, as the case may be, and the powers of the Board under the Act of 1977 shall continue to apply for this purpose.