Water Services Act 2007


Review of a licence under section 63.

65.— (1) A water services authority may review a licence under section 63 at intervals of not less than 3 years from the date of the licence or the last review of the licence, or at any time with the consent of the person making, causing or permitting the discharge.

(2) Notwithstanding any other provision of this Act or any condition in a licence under section 63, any such licence may be reviewed at any time by the water services authority that granted it if—

(a) the water services authority has reasonable grounds for believing that the discharge authorised by the licence conflicts, or is likely to conflict, with the sustainable use of water resources or is inconsistent, or likely to be inconsistent, with requirements of a river basin management plan or a programme of measures under the EU Water Framework Directive,

(b) there has been a material change in the nature or volume of the discharge,

(c) there has been a material change in relation to the waters to which the sewer concerned discharges,

(d) further information has become available since the date of the granting of the licence relating to polluting matter present in the discharge concerned or relating to the effects of that matter,

(e) the licensee applies to the water services authority concerned to review the licence,

(f) a revision has been made to standards for effluent discharges under this Act or any other enactment,

(g) the capacity of the receiving waste water works has been or is likely to be exceeded, or

(h) a drain or service connection, or part of a drain or service connection, through which trade effluent or other relevant matter is discharged under the terms of the licence is declared to be a sewer under section 69.

(3) Notwithstanding subsection (1), where regulations are made under section 26 of the Act of 1977 relating to a trade effluent or sewage effluent from a sewer or to waters to which a sewer discharges, a licence under section 63 shall be reviewed by the water services authority F49[] as soon as may be after the commencement of such regulations and thereafter at such intervals as may be specified in the regulations.

(4) Upon completion of a review under this section, a water services authority may amend or delete any condition of the licence or attach conditions or additional conditions to the licence or revoke the licence; and if a water services authority proposes to exercise a power aforesaid, it shall do so as soon as may be after the completion of the relevant review under this section.

(5) The Minister may make regulations for the purpose of this section.

(6) Without prejudice to the generality of subsection (5), regulations under that subsection may make provision in relation to all or any of the following matters:

(a) the giving of notice by a water services authority to a person discharging or causing or permitting a discharge of its intention to review a licence;

(b) the insertion of a requirement in such a notice that representations relating to the review may be made within a specified period;

(c) the payment to water services authorities of fees of such amounts as may be specified in the regulations in relation to reviews of licences;

(d) the payment of fees of different amounts in respect of different classes of such reviews as aforesaid;

(e) exemption from the payment of such fees in such circumstances as may be specified;

(f) the waiver, remission or refund (in whole or in part) of such fees in such circumstances as may be specified, or

(g) the manner in which fees may be disposed of.




Deleted (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 45(13), S.I. No. 575 of 2013, subject to subs. (24) which excludes certain provisions from effect of amendment.