Water Environment (Abstractions and Associated Impoundments) Act 2022
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Provision supplemental to section 67 | ||
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68. (1) The Board shall give notice of a decision under section 67 (3) to— | ||
(a) the person who made the objection, | ||
(b) Irish Water, and | ||
(c) the Agency, planning authority, or other person or body referred to in section 66 (4)(c), who made a submission or objection under section 66 (4). | ||
(2) The notice referred to in subsection (1) shall— | ||
(a) state the main reasons and considerations on which the decision under section 67 (3) is based, | ||
(b) state that a person may, in accordance with section 56 question the validity of the decision of the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts, | ||
(c) specify the sum due to be paid to the Board by Irish Water for the purpose of contributing to the reasonable costs of the Board in performing its functions under this Chapter, | ||
(d) specify the sum due to be paid to the Agency or a planning authority by Irish Water for the purpose of contributing to the reasonable costs of the Agency or the planning authority in making submissions or observations under section 66 (4). | ||
(3) Irish Water shall be liable to pay to the Board, Agency or planning authority any sum specified by the Board under paragraph (c) or (d) of subsection (2). | ||
(4) Subject to subsections (5) to (7), it shall be the objective of the Board to ensure that a decision is made by the Board under section 67 (3)— | ||
(a) within the period of 18 weeks beginning on the last day for submitting further information in accordance with section 66 (3), or | ||
(b) within such other period as the Minister may prescribe, either generally or in respect of a particular class or classes of matter, where it appears to the Minister to be necessary, by virtue of exceptional circumstances relating to the need to balance administrative efficiency and efficacy of procedures relating to objections with the need for the Board to have all necessary information in order to perform its functions under this Chapter. | ||
(5) Where the Board forms a view that it would not be possible or appropriate, because of the particular circumstances of the objection with which the Board is concerned, to make its decision within the period referred to in paragraph (a) or (b) of subsection (4), the Board shall give notice to Irish Water and to the person who made the objection before the expiration of that period informing them of the Board’s view and the notice shall specify the date before which the Board intends to make that decision. | ||
(6) Where a notice has been given under subsection (5), the Board shall take all reasonable steps to ensure that a decision is made under section 67 (3) before the date specified in the notice. | ||
(7) The Board shall include in each report made under section 118 of the Act of 2000 a statement of the number of decisions made by the Board under section 67 (3), the period within which the decision was made, and such other information as to the time taken to make the decision as the Minister may direct. |