Chapter 2

Supervision of water services

Responsibility of water services authorities.

78.— (1) In this Chapter, licence includes, where the context requires, a revised licence.

(2) Each water services authority, for the purposes of the protection of human health and the environment, is responsible for the supervision, in its functional area, of water services provided by a person other than a water services authority.

Water services licences.

79 .— (1) (a) On or after such date or dates as may be prescribed, a person shall not—

(i) provide water for human consumption from a tanker, or

(ii) otherwise provide water services,

except under and in accordance with a water services licence issued under this Chapter.

(b) Paragraph (a) does not apply to the provision of water in bottles or containers for human consumption, where such provision is in the ordinary course of business.

(c) In this subsection “ person ” means a person other than a water services authority or a person acting jointly with it or on its behalf under an agreement for that purpose.

(2) The Minister may by regulations provide that subsection (1) shall not apply to the provision of a certain class or classes of water services if and for so long as the person providing such services complies with specified provisions in relation to such provision.

(3) Without prejudice to the generality of subsection (2), regulations under that subsection may specify—

(a) (i) a threshold below which a water services licence will not be required, either based on numbers of people to which water services are provided or a volumetric equivalent, subject to such exceptions as may be specified,

(ii) criteria for determining a level of service equivalent to a specified number of people,

(iii) measures to preclude the separation of water services operations into linked series of smaller schemes for the purposes of evading licence control,

(iv) requirements in relation to notification and registration, monitoring and inspection, drinking water quality and waste water quality standards, water conservation, and provision of information, including the provision of such information and guidance necessary for the purposes of the protection of human health and the environment, in relation to water services to which these regulations apply,

(v) requirements in relation to the treatment, re-use or disposal of by-products arising from the treatment of water and waste water, or

(vi) incidental and ancillary matters,

or

(b) that a system of notification or registration established under paragraph (a)(iv) shall constitute an agreement for the purposes of section 31 (13).

(4) The provision of water services shall, in the period before a licence required under this Chapter is granted or refused, be deemed not to have contravened subsection (1), if—

(a) before the date prescribed under subsection (1) or within one month of a notice under section 80 (2) taking effect, as the case may be, an application has been made for a water services licence in accordance with the requirements of this Chapter or regulations thereunder,

(b) an appeal under section 80 (3) is being processed, or

(c) on determination by a District Court in accordance with section 80 that a nominated person should apply for a water services licence, an application is made for a licence to the relevant water services authority within 14 days of the date of such determination.

(5) A person who contravenes—

(a) subsection (1), or

(b) a regulation made under subsection (3)(a)(iii), (iv) or (v),

commits an offence.

(6) For the purposes of subsection (1), a person who enters into an agreement, including a legal agreement, with another person for the provision of water services jointly with him or her or on his or her behalf, shall, notwithstanding the agreement, continue to be the person to whom the obligation under that subsection applies in respect of the water services which are the subject of the agreement.

Determination of an activity as a licensable water services activity.

80 .— (1) A water services authority may, on or after such date as may be prescribed, determine that a particular activity constitutes the provision of water services to another person for which a water services licence is required under section 79 .

(2) If an application for a water services licence has not been received in respect of an activity for which a determination has been made by a water services authority under subsection (1), the water services authority may, by notice, require that person who it considers to be providing the said water services to apply for such licence, and that person shall apply for a licence within one month of the notice taking effect.

(3) The person to whom a notice under subsection (2) is addressed may, within 21 days from the date of issue of the notice, appeal to the District Court against the requirement to apply for a water services licence, on the grounds that he or she is not providing such water services to another person or that the activity to which the notice refers does not constitute the provision of water services for which a water services licence is required under section 79 .

(4) On the hearing of an appeal under this section the District Court may confirm or annul the requirement to apply for a water services licence.

(5) A notice under this section shall take effect—

(a) in case no appeal is taken, or an appeal is taken and is withdrawn within one month from the service of the notice, on the expiration of one month from the service of the notice,

(b) in case an appeal is taken and is not so withdrawn, within 1 month of the appeal subsequently being withdrawn or determined, but only if the determination by the District Court does not annul the requirement to apply for a water services licence.

(6) A person who fails to comply with a notice under subsection (2) commits an offence.

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.

Water services authority to be licensing authority.

82.— (1) Subject to subsection (2), for the purpose of this Chapter the licensing authority shall be the water services authority in whose functional area the water services are being or intended to be provided.

(2) Where the water services that are the subject of a licence application are provided within the functional areas of two or more water services authorities, the water services authorities may, or shall if the Minister requires them to do so, decide that one of them shall perform the functions of a licensing authority with respect to the application and any subsequent water services licence and the nominated authority shall have such functions in regard to such licence as if it related solely to its functional area in the first instance.

(3) A water services licence under this Chapter shall, without prejudice to the rights, including right of ownership or use, of any person in relation to water in any source, be deemed to be an agreement for the purposes of section 31 (13).

Conditions attached to a water services licence.

83.— (1) A water services licence may provide as respects any condition attaching to it that the condition shall be complied with before or after any activity to which the licence relates has been commenced.

(2) Conditions attaching to a water services licence shall include—

(a) measures to ensure against risk to human health or the environment,

(b) water supply standards or waste water treatment standards, as appropriate,

(c) standards of service,

(d) monitoring and supervision,

(e) sampling and analysis, or

(f) such other matters as may be prescribed or the Minister may direct in relation to the grant of a water services licence.

(3) Conditions attaching to a water services licence may include—

(a) the scale of the activity,

(b) specification of individual households, areas or activities to which the water services which are the subject of the licence shall be provided,

(c) operational and management procedures,

(d) procurement procedures,

(e) measures to ensure public safety,

(f) emergency plans in the event of any incident,

(g) evidence of employers and public liability insurance,

(h) conservation measures,

(i) measures to prevent source contamination,

(j) requirements in relation to metering, in accordance with any guidance or direction given by the Minister,

(k) requirements in relation to the treatment, re-use or disposal of by-products arising from the treatment of water or waste water,

(l) the latest date by which a condition is to be complied with,

(m) such provisions as are necessary to facilitate the application of relevant obligations imposed under this Act or any other enactment,

(n) requirements in relation to the preparation and publication of the accounts and annual report of the licensee,

(o) any other matters as may be prescribed in relation to a water services licence, or

(p) incidental and ancillary matters.

(4) The Minister may make regulations requiring a water services authority to attach a condition to a water services licence requiring compliance with any specified standard or procedure, or direction under this Act, or to take account of any other specified matter.

(5) A water services authority may recover costs due to it under this Chapter in relation to licensing from the relevant applicant or licence holder as the case may be.

Review of a water services licence.

84.— (1) A water services authority may review a water services licence—

(a) at the request of a licence holder,

(b) where it considers that the activity which is the subject of the licence is causing, or is likely to cause, a risk to human health or the environment,

(c) where there has been a material change in the nature or scale of the activity which is the subject of the licence,

(d) where there has been a material change in the financial, operational or management capacity of the licence holder,

(e) where information which was not available when the licence was granted, and which would materially have affected the decision of the water services authority on the licence, becomes available,

(f) on receipt of an objection from any person to a refusal or failure by the holder of a licence to provide adequate water services to that person,

(g) where in the opinion of the water services authority provision of water services has been unsatisfactory or unreasonably refused by the holder of a licence, or

(h) where amended standards applying to the licensed service are prescribed or are made by any other enactment or any regulations are made by the Council, Commission or the Parliament of the European Community.

(2) Without prejudice to subsection (1), a water services authority shall review a water services licence at a time not exceeding 5 years from when it was granted.

(3) As soon as may be after it has completed a review of a water services licence under this Chapter, a water services authority may grant the holder thereof a water services licence, the terms and conditions of which are, in such respects as the water services authority considers appropriate, different from those of the first-mentioned licence, and the revised water services licence shall have effect in lieu of the first-mentioned licence.

Revocation of a water services licence.

85.— A water services authority may revoke a water services licence in all or any of the following circumstances:

(a) non-compliance with its conditions;

(b) on request from the licence holder;

(c) where, in the opinion of the water services authority, the licence holder is not providing an adequate service;

(d) where the operation or management of a waterworks or waste water works to which the licence refers is taken over on a temporary basis in accordance with section 91 ; or

(e) where a waterworks or waste water works to which the licence refers is taken in charge or acquired in accordance with Part 7 .

Decision by a water services authority in relation to licences or licence applications.

86.— (1) A water services authority, before making a decision in relation to the grant, review, transfer or revocation of a water services licence, shall as appropriate consider any submissions made to it under and in accordance with regulations made under section 88 .

(2) Where a water services authority decides—

(a) to grant, transfer, amend, add or delete any conditions that it has attached to, a water services licence,

(b) to refuse to grant or transfer such a licence, or

(c) to revoke such a licence,

it shall notify the applicant or its holder and any person who made a valid submission referred to in subsection (1), as the case may be, of the decision and the reasons for the decision.

Appeals in relation to sections 81 , 83 , 84 and 85 .

87.— (1) The applicant for, or the holder of, a water services licence under section 81 , may, within one month of the date of a notification under section 86 appeal to the District Court any one or more of the following actions by a water services authority:

(a) refusal of an application for the grant of the licence;

(b) the attachment of conditions or additional conditions to the licence;

(c) the amendment, addition or deletion of any condition attached to the licence;

(d) the transfer of or refusal to transfer the licence; or

(e) the revocation of the licence.

(2) On the hearing of an appeal under subsection (1), the District Court may make an order giving such directions to the water services authority concerned as the Court thinks proper in relation to the actions of the water services authority referred to in subsection (1).

(3) The grant of a licence, or any act of a water services authority referred to in subsection (1), shall have effect—

(a) in case an appeal is not made under subsection (1), on the expiration of the period referred to in that subsection,

(b) in case an appeal is brought against it and the determination of the appeal does not set the act aside, upon and in accordance with such determination,

(c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal or on the expiration of the period referred to in subsection (1), whichever is the later.

(4) Subject to the outcome of any appeal which may be made under this section, and without prejudice to the powers of a water services authority to bring separate proceedings in respect of the contravention of a provision of this Chapter, a water services authority may apply to the District Court for an order to close down any water service which is being provided without, or in contravention of, a water services licence granted under this Chapter.

Regulations for the purposes of this Chapter.

88 .— (1) The Minister may make regulations in relation to licensing procedures in respect of water services generally.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following matters:

(a) the form in which the application for a water services licence shall be made, and the form of a water services licence;

(b) information and particulars to be submitted by an applicant for the grant of or review of a water services licence, and verification of such information and particulars;

(c) specifying the period within which an application for the grant or review of a water services licence shall be dealt with by a water services authority;

(d) additional matters in respect of which a water services authority shall be satisfied before granting a water services licence;

(e) specifying additional conditions that a water services authority may attach to a water services licence;

(f) specifying additional grounds for the review or revocation of a water services licence;

(g) making available for inspection by members of the public of an application for the grant, transfer, amalgamation or review of a water services licence, or a proposed water services licence, and the making of submissions by members of the public to a water services authority, within a specified period in relation to such application or proposed licence;

(h) the publication or notification by a water services authority of decisions made by it in relation to water services licences;

(i) requiring an applicant to defray, or contribute towards, any costs incurred by a water services authority in processing an application, including carrying out any investigation necessary in relation to the application or in relation to monitoring or supervision;

(j) transfer of a water services licence to another person;

(k) amalgamation of licences; or

(l) any matters consequential on, or ancillary to, any of the foregoing.

Contravention of a condition of a water services licence.

89.— A contravention of any condition of a water services licence by any person employed by, or acting on behalf of or jointly with, the holder of that licence shall be deemed also to be a contravention of the condition by the holder of the licence.

Related licences.

90.— Where a water services authority grants a water services licence under this Chapter—

(a) it shall take into account any relevant licence granted under section 4 of the Act of 1977, and

(b) any licence granted under section 63 shall lapse, in so far as it relates to the activity in respect of which a licence under this Chapter is granted.

Take-over of the operation or management of a waterworks or waste water works on a temporary basis.

91.— (1) Subject to subsection (4), a water services authority may by order take over the operation or management of a waterworks or waste water works on a temporary basis (with or without the consent of the owner or trustees of the owner or other persons entitled to sell it) where—

(a) in the opinion of the water services authority—

(i) the waterworks or waste water works is being operated or managed in such manner as to cause, or be likely to cause, a risk to human health or the environment,

(ii) the relevant licence holder under section 81 has persistently failed to comply with the conditions of a water services licence, or

(iii) the resources of the licence holder under section 81 , in terms of financial, operational or management capacity, or access to the same, are not sufficient to ensure the effective or efficient provision of water services in accordance with prescribed standards,

or

(b) a water services licence for the scheme has been refused or revoked.

(2) Where a water services authority has taken over the management and operation of a waterworks or waste water works in accordance with subsection (1)—

(a) the water services authority may take such action as it considers necessary, in accordance with its powers under this Act, to provide water services through the waterworks or waste water works on behalf of the owner or trustees,

(b) the water services authority shall not be liable for existing debts and liabilities in relation to the waterworks or waste water works, but may at its discretion discharge such debts or liabilities, in whole or in part.

(3) A water services authority may recover all or part of its costs under this section from the owner or trustees of the owner of the waterworks or waste water works.

(4) A temporary take-over by a water services authority of the operation or management of a waterworks or waste water works under subsection (1) shall be reviewed by the water services authority at intervals not exceeding 12 months.

(5) If, in the opinion of the water services authority, arising from a review under subsection (4), the relevant water services provider—

(a) is capable of resuming the operation or management of the waterworks or waste water works, the take-over under subsection (1) shall cease as and from a date to be notified by the water services authority,

(b) is not capable of resuming the operation or management of the waterworks or waste water works, the water services authority may—

(i) by order extend the temporary take-over of the operation or management of the waterworks or waste water works under subsection (1) for a further period not exceeding 12 months,

(ii) take into public charge or acquire the waterworks or waste water works in accordance with section 95 ,

(iii) acquire the waterworks or waste water works by compulsory purchase order in accordance with its powers under this Act, or

(iv) provide alternative water services to the users of the water services being provided via the waterworks or waste water works.

(6) A water services licence issued to a water services provider under section 81 in respect of any relevant undertaking, or any relevant licence under section 63 or under section 4 or 16 of the Act of 1977, will lapse for the duration of the take-over of the management or operation of the undertaking.

Through connection to services, etc.

92 .— (1) In this section “ connection ” includes, where the context permits, a drain, sewer, distribution system, water main, service connection or any other pipe or related fittings, including manholes, which is or are connected to, or to be connected, to water services, whether directly or indirectly.

(2) (a) In this subsection—

“ facilitate ” means do, or refrain from doing, as the case may be, such things as are directed in, or which arise from a direction in, a notice under this subsection to enable the water services or drainage of storm water which are the subject of the notice to be provided or put in place;

“ premises ” includes waterworks or waste water works.

(b) Without prejudice to section 31 (19), a water services authority may by notice direct that a person who owns or has control over or uses all or part of—

(i) a connection, or proposed connection, to water services provided by the authority, an authorised provider of water services or any person acting jointly with or on behalf of the authority or authorised provider of water services, or

(ii) a drain that is used, or is capable of being used, for the drainage of storm water to storage facilities or waters,

shall facilitate the provision of specified water services to a specified person or premises, or part of a premises, or the drainage of storm water from a specified premises or part of a premises to storage facilities or to waters through that connection or drain and in accordance with the notice, and that person shall comply with the notice.

(c) Where a notice under paragraph (b) indicates the position of any pipe or related accessories, such position shall be deemed to include any minor modification that is not of any material consequence and which may be carried out in the course of installation.

(3) A notice under subsection (2) shall not be directed at another water services authority or its servant or agent.

(4) Without prejudice to the generality of subsection (2), a notice under that subsection may also include, as appropriate, directions in relation to—

(a) actions to be taken or works to be carried out under the notice,

(b) the proposed route of any new pipe and location of any related accessories specified in the notice,

(c) the location of the junction between the connection or pipe referred to in the notice and the pipe through which water services will subsequently be provided to the person or premises,

(d) standards of workmanship or work practices generally in relation to works carried out under the notice,

(e) technical specifications for any materials or fittings provided for in the notice, and

(f) the latest date for compliance with the notice,

and the notice may include annexed to it such maps or drawings as the water services authority considers appropriate for illustrative purposes, and may specify the person by or on behalf of whom works in accordance with the notice shall be carried out.

(5) A person shall not be regarded as a water services provider for the purposes of this Act solely because of his or her compliance with a notice under subsection (2).

(6) Subsection (2) may not be exercised so as to interfere unreasonably with—

(a) the capacity of the person, to whom a notice is directed, to carry on a business which is connected to the water services, or drained to the storm water storage facilities or waters referred to in the notice, or

(b) in the case of another water services provider, the capacity of that person adequately to provide water services.

(7) (a) A person to whom a notice under subsection (2) is directed shall be entitled to be paid the following costs and compensation, as the case may be, arising from his or her compliance with that notice:

(i) to the extent that he or she has reasonably incurred or will incur them, the cost of works necessary to effect compliance with the notice, or expenses related directly to such compliance;

(ii) compensation determined in accordance with paragraph (b);

(iii) any additional costs, expressed in current prices, already incurred by the person to whom the notice is addressed for the purpose of installing in the first instance a pipe of larger capacity than necessary to meet technical requirements, including minimum technical requirements of a local authority, but only to the extent that the excess capacity will be reduced by the additional connection which is the subject of the notice;

and in determining the amount of compensation payable, regard shall also be had to any grant or subsidy that has been paid or provided in respect of all or any part of the connection.

(b) (i) Where, on a claim made to a water services authority, it is shown that, as a result of any action pursuant to this section in—

(I) placing, renewing or removing any pipe for the purposes of this section, or

(II) affixing any notice,

the value of an interest of any person in the connection or drain referred to in subsection (2) or in any adjacent land existing at the time of the action of the water services authority is reduced, or that any person having an interest in such connection, drain or land at that time has suffered damage by being disturbed in his or her enjoyment or use of it arising from compliance with the notice, then that person shall be entitled to claim compensation in the amount of the reduction in value or the amount of the damage, and such a claim shall be determined as if it were a claim for compensation under section 199 of the Act of 2000.

(ii) The provisions of Chapter 1 of Part XII of the Act of 2000 shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if—

(I) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section,

(II) references to section 199 were references to this subsection,

(III) the reference to section 182 was a reference to this section,

and subject to any other necessary modifications.

(c) Subject to paragraph (d), the costs and compensation referred to in paragraph (a) shall be met in full by any person for whom a connection to water services or the drainage of storm water to storage facilities or waters is facilitated by the issue of the notice.

(d) A water services authority which issues a notice under subsection (2) may, at its sole discretion, contribute towards related costs and compensation referred to in paragraph (a), to such extent, if any, as it considers appropriate, and may carry out such related works as it considers appropriate.

(8) (a) Where a notice under subsection (2) is directed at a person who owns or controls all or part of a relevant connection or drain, or proposed connection or drain, that person may, within 28 days of the date of the notice, appeal to the High Court in relation to the notice.

(b) Where a notice under subsection (2) is directed at a user of all or part of a relevant connection or drain, that person, and in addition any person who claims to be the owner or to have control over the connection or drain and who satisfies the Court in relation to proof of such ownership or control, may within 28 days of the date of the notice appeal to the High Court in relation to the notice.

(c) Paragraph (a) or (b) shall not apply to provisions in subsection (7) in relation to costs.

(9) On hearing an appeal under subsection (8), the High Court may, by order, as it thinks proper—

(a) confirm the notice, with or without variation, or

(b) set the notice aside.

(10) The determination by the High Court of an appeal under subsection (8) shall be final, and no appeal shall lie from the decision of the Court to the Supreme Court save with the leave of the High Court, which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance, and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. If such an appeal is taken the Supreme Court shall have jurisdiction to determine only the point of law certified by the High Court.

(11) Subsection (10) does not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(12) (a) The High Court shall, in determining an appeal under subsection (8) act as expeditiously as possible consistent with the administration of justice.

(b) The Supreme Court shall, in determining an appeal from a determination of the High Court under subsection (9), act as expeditiously as possible consistent with the administration of justice.

(c) Rules of court may make provision for the expeditious hearing of appeals under this section.

(13) The notice under subsection (2) shall be enforceable in accordance with this Act—

(a) in case an appeal is not brought against it, upon the expiration of the period referred to in subsection (8),

(b) in case an appeal is brought against it and the determination of the appeal does not set it aside, upon and in accordance with such determination,

(c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal, or the expiration of the period referred to in subsection (8), whichever is the later,

and the water services authority which issued the notice, or an authorised person acting on its behalf, or such other person specified in the notice or his or her servant or agent, may enter any relevant land and carry out all necessary works for the purposes of enforcing the notice.

(14) Responsibility for the maintenance, repair or renewal of any pipes and accessories connecting the junction referred to in subsection (4) (c) and the premises for which the provision of water services is facilitated by the notice under subsection (2) shall remain with the owner of that premises, until such time as the water services authority which issued the notice, at its discretion, takes them into its charge.

(15) (a) Subject to paragraph (b), any dispute between a person to whom a notice under subsection (2) is addressed and the water services authority which issued it in relation to the calculation of costs or compensation for the purposes of subsection (7) may be referred by either party to an agreed arbitrator, as if such referral was in accordance with an arbitration agreement under the Arbitration Acts 1954 to 1998.

(b) In the absence of agreement on choice of an arbitrator for the purposes of paragraph (a), the President of the High Court may, on the application of either party, appoint an arbitrator.

(c) Any decision of an arbitrator appointed under paragraph (a) or (b) made at proceedings held in accordance with the Arbitration Acts 1954 to 1998 as to the calculation of costs or compensation shall be binding and enforceable in accordance with those Acts.

(16) (a) Where on application by a water services authority to the Circuit Court the Court is satisfied that a person has failed to comply with or is obstructing or preventing compliance with a requirement of a notice under this section, whether or not that person has an interest in any pipe or land referred to in the notice, then the Court may by order—

(i) direct that person to comply with the requirement or cease obstructing or preventing compliance with the requirement, and

(ii) make such other provision, including provision in relation to payment of costs, as the Court considers appropriate.

(b) An application under this subsection to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the connection or drain, or any part of it, which is the subject of the application is located, or to be located as the case may be.

(c) An application to the Circuit Court for an order under this subsection shall be by motion, and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.

(d) Rules of court may provide for an order under this subsection to be made against a person whose identity is unknown.

(17) (a) The Minister may make regulations for the purposes of this section.

(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may provide for 1 or more of the following:

(i) the format of a notice under subsection (2);

(ii) procedures for service of a notice under this section;

(iii) inclusion of such additional details in a notice under subsection (2) as required to clarify the actions which are necessary to effect compliance with the notice;

(iv) procedures for calculation of excess capacity under subsection (7)(a)(iii);

(v) procedures or related time limits for referral of a dispute to arbitration under subsection (15);

(vi) related or ancillary matters to any of the foregoing.