Certificate of Authorisation Process Explained

An application for a waste water discharge (WWD) certificate of authorisation (or review of a certificate)  must satisfy legislative requirements, largely set out in the Waste Water Discharge (Authorisation) Regulations 2007, as amended.

An application for a WWD Certificate must be made on the specified  application form and application form electronic monitoring tool  in accordance with the guidance notes.

It should be noted that the process regarding the application for WWD licence  (or the review of) a WWD licence is different.  See Licensing Process Explained

The certificate application process involves a number of stages as outlined below:

Stage 1 – Pre-Application

The EPA facilitates pre-application consultation meetings with prospective applicants.  Such meetings are held on request.

The content of the notices is set out in the Regulations.

Stage 2 – Application for a Licence

This stage includes EPA assessment of the application.

In making an application, make sure to:

Use the specific application form, application form monitoring tool and answer all questions (guidance notes are available)

Attach all necessary supporting documentation (including fee)

We may request further information in accordance with the regulations.

Once we have acknowledged the application as complete, the Agency must make a make a decision on the application within four months. 

Stage 3 – Decision

The EPA, in arriving at its decision, considers the application and the report of its inspector.

The EPA is required to make a decision on an application within a period of 4 months from the date of receipt of a full application, however this period may be extended in certain circumstances.

The EPA notifies the applicant of the decision on the application, and makes it available for public inspection on its website.

Once a decision has issued, a Water Services Authority can apply to the High Court and seek a Judicial Review of the validity of the Decision. Please see Stage 4 below.

Stage 3 – Judicial Review

What is a judicial review?
Judicial review is a form of court proceedings in which a judge reviews the lawfulness of a decision of action by a public body.  It is a challenge to the way in which a decision has been made. It is not so much concerned with the decision itself and whether it was right but with whether the law has been correctly applied and whether the correct procedures were followed. It is not an appeals process.  The court will not substitute its opinion for that of the public authority.

Whose decisions can be challenged by judicial review?
The types of public bodies whose decisions may be challenged include among others:
Government ministers and departments
Local authorities and health authorities
The Environmental Protection Agency

Who can apply for a judicial review?

A person who feels that a decision of  the Agency has violated his/her rights may apply to the High Court for a judicial review of the decision.

Time Limit

In accordance with Regulation 34 of the Waste Water Discharge (Authorisation Regulations 2007, as amended, a Waste Water Services Authority may institute proceedings within a period of 28 days beginning on the date the Agency issues its Decision.

What makes a decision unlawful?

Judicial review looks at the lawfulness of decisions and actions.  These can be challenged on a number of grounds which are often described as follows:
Illegality, Irrationality and Unfairness
Illegality: Public bodies must correctly understand and apply the law that regulates their decision making powers.  If the decision maker had no power to make it or exceeded the powers given to him/her/it an action or decision may be unlawful.
Irrationality:  The court can reverse a decision if it is so unreasonable as to be “perverse” or “irrational”
Unfairness:  This generally deals with the process by which a decision was reached and includes the right to a fair hearing

Remedies or what can a judicial review do for me?
If an application for a judicial review is successful, the court can grant a remedy by making one of a number of orders:

1. Certiorari i.e. the Court may set aside or quash the unlawful act.  This is the most commonly requested remedy and it overturns an invalid decision that has already been made.
   
2. Prohibition: i.e. the Court prohibits the public authority from taking an unlawful decision or action.
   
3. Mandamus: or mandatory order This order compels the public authority to  perform a duty, either an action the body has a duty to perform or the duty to reach a discretionary decision
   
4. Declarations: The Court may simply declare what the law is, or declare the respective rights of the parties without making any other order.

Proceedings

There are two stages in proceedings for a judicial review:
1. Leave to apply for a judicial review
2. Where leave is granted, the substantial application is heard.

Learn More

Download the WWD Certificate of Authorisation application form and guidance note

For further information contact the Environmental Licensing Programme at:

Office of Climate, Licensing & Resource Use
PO Box 3000
Johnstown Castle Estate
County Wexford

Tel: Locall 1890 33 55 99  OR  053 916 0600
Fax: 053 916 0699
Email: info@epa.ie for the attention of the Environmental Licensing Programme