Dáil Éireann debate -
Tuesday, 3 Dec 2002

Vol. 558 No. 4

Written Answers. - Inland Waterways.

Jack Wall

Question:

401 Mr. Wall asked the Minister for the Environment and Local Government the body which has the legislative control in relation to protecting the natural courses in rivers, canals, dykes and drains as determined in ordnance survey maps; and if he will make a statement on the matter. [24281/02]

Jack Wall

Question:

402 Mr. Wall asked the Minister for the Environment and Local Government the legislative control that a local authority has in relation to protecting the natural courses as determined on ordnance survey maps in relation to rivers, drains, canals and dykes; and if he will make a statement on the matter. [24282/02]

Minister for the Environment and Local Government (Mr. Cullen)

I propose to take Questions Nos. 401 and 402 together.

Responsibility for arterial drainage rests with the Office of Public Works. In so far as local authorities are concerned, the Planning and Development Act, 2000, specifically empowers planning authorities to provide in their development plans that development in areas at risk of flooding may be regulated, restricted or controlled. Objectives may also be included in development plans to regulate, restrict or control the development of coastal areas and development in the vicinity of inland waterways.

Under the planning and development regulations 2001, planning authorities are also obliged to give notice to certain bodies of having received certain planning applications to give the prescribed bodies an opportunity to comment on the application. One of the requirements is that the relevant regional fisheries board, and in certain circumstances Waterways Ireland, must be notified of any application for permission for development where it appears to the planning authority that: (i) the development might cause the significant abstraction or addition of water either to or from surface or ground waters, whether naturally occurring or artificial; (ii) the development might give rise to significant discharges of polluting matters or other materials to such waters or be likely to cause serious water pollution or the danger of such pollution; or (iii) the development would involve the carrying out of works in, over, along or adjacent to the banks of such waters, or to any structure in, over or along the banks of such waters, which might materially affect the waters.