The Licensing Process Explained

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

An application must be made on the specified application form, (guidance notes are available)

It should be noted that the process regarding the application for (or the review of) a certificate of authorisation is different.  See Certification Process Explained.

The licence 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.

It should be noted that in the case of shared waste water works, the application is to be made by the authority that is agreed between the sharing authorities or, in default of agreement, by the authority in whose area the primary discharge point is located.  Prior to making the application and no later than 2 months before the specified date for submitting the application, the agreed or default authority must “compile and submit an inventory and accompanying maps or drawings identifying each element of the works and associating it with the relevant authority controlling such element and the drainage catchment area and such other information as may be requested by the Agency”.  On the basis of this information the EPA will decide what individual works or combination of works or parts thereof should comprise a single application.   

Before making an application, you must:

• Publish a notice in a newspaper circulating in the area
• Erect a site notice indicating that you propose to apply for a licence
• Notify relevant water services authority (where appropriate)

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 and submissions on the application.

In making an application, make sure to:

• Use the specific application form 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, we cannot make a decision on the application until a month has passed to allow for further submissions. 

Before making our decision, we must take into account any valid submissions received.

Stage 3 – Decision

The EPA, in arriving at its decision, considers the application, all submissions received 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, and any person who made a written submission, 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 4 - 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 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.

Stage 5 - Review of an existing licence

Where a Water Services Authority is of the opinion that its existing Waste Water Discharge Licence requires a review, it should contact the Office of Environmental Enforcement in writing outlining the reasons why it thinks its Licence needs to be reviewed.  The Office of Environmental Enforcement in consultation with the Environmental Licensing Programme of the Office of Climate, Licensing and Resource Use, will consider the grounds for review and make a decision on whether or not a review is required.  This decision will be notified to the Licensee.

Once it is established that a review is required, the Licensee proceeds to apply for a review of their Licence in accordance with the Waste Water Discharge (Authorisation) Regulations 2007, as amended.  The procedure for lodging an application for a review of a Waste Water Discharge Licence is similar to that of applying for a Licence.

The Agency can also initiate a review of a Licence in certain circumstances as outlined in Regulation 14 of the Waste Water Discharge (Authorisation) Regulations, 2007, as amended.

Learn More

• Find out more about lodging a submission
• Download the WWD licence application form and guidance note
• Summary Flow Chart outlining the Waste Water Discharge licence process

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