Water Services Act 2007
Grant of a water services licence.
81.— (1) On an application being made to it, a water services authority may grant a water services licence, subject to, or without, conditions or refuse to grant such a licence.
(2) In considering an application for a water services licence, a water services authority shall—
(a) carry out or cause to be carried out such investigations as it deems necessary or as may otherwise be prescribed, and
(b) have regard to—
(i) any submissions duly made within the prescribed notification period for making submissions,
(ii) any relevant water services strategic plan or plans, or rural water services strategic plan or plans for the area or areas in which the service is to be provided,
(iii) the resources of the applicant in terms of financial, operational and management capacity to ensure the effective and efficient provision of water services in accordance with prescribed standards,
(iv) in the case of an application to which section 82(2) applies, the views of other water services authorities in whose functional area the service is to be provided,
(v) the availability of alternative water services for the area to which the licence application refers, and any proposals by the water services authority or any other person in this regard which might reasonably act as such an alternative,
(vi) any request by a provider of water services to have the scheme taken in charge by the water services authority,
(vii) any related licence under section 63 in relation to the discharge of trade effluent, or a licence under section 4 of the Act of 1977 in relation to the discharge of trade effluent or sewage to any waters,
(viii) any water supply standards or waste water treatment standards prescribed,
(ix) such other matters related to the prevention of risk to human health or the environment as it considers necessary, or
(x) such other matters as may be prescribed or the Minister may direct in relation to the grant of a water services licence.
Application of Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 4, to a water services licence granted under section confirmed (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 4(4)(d), S.I. No. 433 of 2011.