Water & Drainage
Public Health (Ireland) Act, 1878
“Sewer” includes sewers and drains of every description, except drains to which the word “drain” interpreted as aforesaid applies, and except drains vested in or under the control of any authority having the management of roads and not being a sanitary authority under this Act:
Sewerage and Drainage.
Regulations as to Sewers and Drains.
Sewers vested in sanitary authority.
15. All existing and future sewers within the district of a sanitary authority, together with all buildings, works, materials, and things belonging thereto,
Except
(1.) Sewers made by any person for his own profit, or by any company for the profit of the shareholders; and
(2.) Sewers made and used for the purpose of draining preserving or improving land under any local or private Act of Parliament, or for the purpose of irrigating land; and
(3.) Sewers under the authority of any commissioners of sewers appointed by the Crown,
shall vest in and be under the control of such sanitary authority:
Provided, that sewers within the district of a sanitary authority which have been or which may hereafter be constructed by or transferred to some other sanitary authority, or by or to a sewage board or other authority empowered under any Act of Parliament to construct sewers, shall (subject to any agreement to the contrary) vest in and be under the control of the authority who constructed the same or to whom the same have been transferred.
Power to purchase sewers.
16. Any sanitary authority may purchase or otherwise acquire from any person any sewer, or any right of making or of user or other right in or respecting a sewer (with or without any buildings works materials or things belonging thereto), within their district, and any person may sell or grant to such authority any such sewer right or property belonging to him; and any purchase money paid by such authority in pursuance of this section shall be subject to the same trusts (if any) as the sewer right or property sold was subject to.
But any person who, previously to the purchase of a sewer by such authority, has acquired a right to use such sewer shall be entitled to use the same, or any sewer substituted in lieu thereof, to the same extent as he would or might have done if the purchase had not been made.
Maintenance and making of sewers.
17. Every sanitary authority shall keep in repair all sewers belonging to them, and shall cause to be made such sewers as may be necessary for effectually draining their district for the purposes of this Act.
Powers for making sewers.
18. Any sanitary authority may carry any sewer through, across, or under any road, or any street or place laid out as or intended for a street, or under any cellar or vault which may be under the pavement or carriageway of any street, and, after giving reasonable notice in writing to the owner or occupier into, through, or under any lands whatsoever within their district.
They may also (subject to the provisions of this Act relating to sewage works without the district of the sanitary authority) exercise all or any of the powers given by this section without their district for the purpose of outfall or distribution of sewage.
Sewage to be purified before being discharged into streams.
19. Nothing in this Act shall authorise any sanitary authority to make or use any sewer drain or outfall for the purpose of conveying sewage or filthy water into any natural stream or watercourse, or into any canal, pond, or lake until such sewage or filthy water is freed from all excrementitious or other foul or noxious matter such as would affect or deteriorate the purity and quality of the water in such stream or watercourse, or in such canal pond or lake.
Vesting of public cisterns, &c. in sanitary authority.
74. All existing public cisterns pumps wells reservoirs conduits aqueducts and works used for the gratuitous supply of water to the inhabitants of the district of any sanitary authority shall vest in and be under the control of such authority, and such authority may cause the same to be maintained and plentifully supplied with pure and wholesome water, or may substitute, maintain, and plentifully supply with pure and wholesome water other such works equally convenient; they may also (subject to the provisions of this Act) construct any other such works for supplying water for the gratuitous use of any inhabitants who choose to carry the same away, not for sale, but for their own private use.
Local Government (Sanitary Services) Act, 1948
PART I.
Preliminary and General.
Short title, construction and collective citation.
1.—(1) This Act may be cited as the Local Government (Sanitary Services) Act, 1948.
(2) This Act shall be construed as one with the Public Health Acts, 1878 to 1931.
(3) The Public Health Acts, 1878 to 1931, and this Act may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 1948.
Definitions.
2.—(1) In this Act—
the expression “the Act of 1878” means the Public Health (Ireland) Act, 1878 ;
the expression “the Acts” means the Local Government (Sanitary Services) Acts, 1878 to 1948.
the word “enactment” includes any instrument made under an Act;
the expression “the Minister” means the Minister for Local Government;
the expression “temporary dwelling” means any—
(a) tent, or
(b) van or other conveyance (whether on wheels or not), or
(c) shed, hut or similar structure, or
(d) vessel on inland waters,
used for human habitation or constructed or adapted for such use;
the word “vessel” includes any ship, boat, barge or lighter.
(2) A reference in this Act to contravention of any provision includes, where appropriate, a reference to contravention of that provision by failing or refusing to comply therewith.
PART II.
Drainage.
Definitions for Part II.
10.—In this Part of this Act—
the expression “combined drain” means a single private drain used for the drainage of two or more separate premises;
the expression “drainage order” means an order under section 12 of this Act which is in force;
the expression “drainage works” includes the provision, construction, laying down, repair or improvement of any of the following things:
(a) drains, soil pipes and waterpipes,
(b) connections with drains and sewers,
(c) ventilating shafts and manholes,
(d) septic tanks and cesspools,
(e) water closets and sinks,
(f) any other constructions, works, pipes or appliances required for the proper and efficient drainage of premises;
the expression “provisional drainage order” means an order under section 12 of this Act which is not for the time being in force;
the expression “separate drain” means a drain used for the drainage of the whole or part of one separate premises only;
the expression “separate premises” means a separate building with its curtilage (if any) or a separate plot of ground not being the curtilage of any buildings.
Combined drains.
11.—(1) A combined drain shall, for the purposes of the Acts, be deemed to be a drain and not to be a sewer.
(2) Every combined drain which was, immediately before the commencement of this Part of this Act, vested in a sanitary authority by virtue of section 15 of the Act of 1878 shall, on such commencement, cease to be so vested.
(3) Nothing in subsection (2) of this section shall be construed as entitling any person to terminate, prevent, or interfere with the drainage by means of a combined drain of any land or premises drained immediately before the commencement of this Part of this Act by that drain.
Water Services Act 2007
Installation of pipes.
41.— (1) In this section—
“local road”, “national road” , “public road” , “regional road” and “road” have the same meaning as in section 2 of the Roads Act 1993;
“pipes” includes sewers, drains, water mains, distribution systems, service connections or their accessories;
F27 [ ‘ road authority ’ means —
(a) in the case of a toll road within the meaning of Part V of the Roads Act 1993 , the National Roads Authority, and
(b) in all other cases, a local authority within the meaning of the Act of 2001, other than a local authority referred to in Part 2 of Schedule 6 to that Act. ]
(2) A water services authority, or other person acting jointly with it or on its behalf, may, for the purpose of providing or assisting in the provision of water services, carry pipes through, across, over, under or along any public road, or place intended for a public road, or under or over any cellar or vault which may be under the pavement or carriageway of any public road, or from time to time repair, alter, remove or replace the same, subject to the consent of the relevant road authority where the water services authority is not the road authority for that road or place intended for a road.
(3) Any person authorised by a water services authority to provide water services or any person providing water services jointly with or on behalf of that person, may, in respect of the provision of those services, carry pipes through, across, over, under or along a public road, or place intended for a public road, or under or over any cellar or vault which may be under the pavement or carriageway of any public road, or from time to time repair, alter, remove or replace the same, subject to the consent of the road authority for that road.
(4) Subject to any regulations that the Minister may make under subsection (6), a road authority may attach conditions to the granting of any consent under subsection (2) or (3), which shall be binding on the said water services authority or authorised provider of water services or person providing water services jointly with or on behalf of the water services authority or authorised provider of water services as the case may be.
(5) Without prejudice to the generality of subsection (4), conditions attaching to any consent may include—
( a) the periods during which and times at which works shall be or shall not be carried out,
( b) the period within which works shall be completed,
( c) the manner in which works shall be completed,
( d) requirements and standards in relation to the temporary or permanent reinstatement of a public road following the carrying out of works,
( e) requirements in relation to giving security, including refundable deposits, as the case may be, for the satisfactory reinstatement of a public road following the carrying out of works,
( f) requirements in relation to the co-ordination of work with other work being undertaken or proposed by other persons,
( g) requirements in relation to the control of traffic in the vicinity of works,
( h) requirements in relation to the supervision and inspection of works by the road authority,
( i) requirements in relation to the carrying out of additional works,
( j) requirements in relation to the provision of information to the public as to the extent or nature of the works or the period within which they shall be completed, and
( k) any other measures considered necessary by the road authority for the protection of human health or the environment, and to facilitate sustainable development.
(6) The Minister may, with the consent of the Minister for Transport, make regulations for the purposes of this section.
(7) Without prejudice to the generality of subsection (6), regulations under this section may include provision for—
( a) procedures for the administration of the consent process, including in relation to refusal or withdrawal of a consent,
( b) charges for administration of the consent process,
( c) matters to be taken into consideration by a road authority for the purposes of the consent process,
( d) conditions attaching to a consent,
( e) waiving or substitution of consent procedures in an emergency for the purposes of protecting human health and the environment,
( f) requirements and standards in relation to the reinstatement of roads,
( g) notification and public consultation requirements, or
( h) procedures when consent is refused or withdrawn, or an applicant for consent wishes to make representations in relation to conditions attaching to a consent.
(8) Regulations under this section may make different provisions for applications for consent for different classes of roads.
(9) A requirement to hold a licence under section 254 of the Act of 2000 in respect of works on, under, over or along a public road shall not apply to a person who has obtained the consent of a road authority under this section, in respect of the works to which the consent relates.
(10) A road authority shall have a right of action for relief by way of injunction or declaration from the High Court against any person to restrain any non-compliance or direct any compliance with a requirement of this section, and the Court may grant such order as it sees fit.
(11) For the purposes of this Act, where a person (other than a road authority) claims an interest in or under any road—
( a) it shall be for the person concerned to prove such interest, and
( b) the value of such interest shall be taken to be nil unless it is shown to be otherwise by the person.
(12) Section 182 of the Act of 2000 shall apply to a water services authority for the purposes of this Act, and any references to a local authority in the said section or in Part XIV or related Parts of the Act of 2000 shall be deemed to be a reference to a water services authority for the purposes of this Act.
(13) F28 [ … ]
(14) F28 [ … ]
Laying of water mains, sewers, etc
service connections and related cables and wires.
97.— (1) ( a) Where in the opinion of a water services authority it is considered necessary for the purpose of any of its functions to—
(i) place, construct, lay or connect, as may be appropriate, water mains, sewers, service connections or any ancillary fixtures or fittings or related cables or wires on, into, through, under or over any land not forming part of a public road,
(ii) attach to or erect on a premises any bracket or other fixture required for the carrying or support of those water mains, sewers or service connections or any ancillary apparatus or related cables or wires, or
(iii) affix to or erect on any premises a notice referred to in subsection (2),
then it may, after giving 28 days notice of its intention to the owner and the occupier of that land or premises, as the case may be, indicating the position of the proposed installations referred to in subparagraph (i), and with the consent of the said owner and occupier, place, construct, lay or connect water mains, sewers, service connections or any ancillary fixtures or fittings or related cables or wires, or attach to the premises such bracket, or notice referred to in subsection (2), or other fixture as indicated in the notice given under this subsection, and may, from time to time, inspect, repair, alter, renew or remove any of them.
( b) In paragraph (a)“position” includes any minor modification that is not of any material consequence which may be carried out in the course of installation.
(2) A water services authority may erect and maintain notices indicating the position of water mains, sewers, service connections or any ancillary fixtures or fittings or related cables or wires referred to in subsection (1).
(3) Where a person to whom a notice under subsection (1) is addressed has not, within 28 days of the giving of such notice, indicated his or her consent, that person’s consent shall be deemed to have been withheld.
(4) ( a) Where a person to whom a notice under subsection (1) is addressed has withheld his or her consent, or where his or her consent is deemed to be withheld under subsection (3), then, the water services authority which issued the notice may appeal to the Circuit Court.
( b) The Circuit Court in considering an appeal under this section may, by order—
(i) confirm the notice, with or without variation, or
(ii) set the notice aside,
but shall not determine any matter to which subsection (8) refers.
(5) Where the Circuit Court confirms, with or without variation, a notice under subsection (1), consent shall be treated as having been given for the purposes of subsection (1), with effect from the date of such confirmation.
(6) F69 [ … ]
(7) ( a) A consent under this section may be registered, in the appropriate manner taking account of requirements to facilitate access from time to time for inspection, repair, alteration, renewal or removal of infrastructure to which the consent relates, by the relevant water services authority, in either the Land Registry or in the Registry of Deeds, as may be appropriate.
( b) The full cost of registering a consent under this subsection shall be borne by the water services authority which issued the related notice under subsection (1).
(8) ( a) If, on a claim made to a water services authority, it is shown that, as a result of the action of the authority pursuant to this section in—
(i) placing, renewing or removing any water mains, sewers, service connections or any ancillary fixtures or fittings or related cables or wires, referred to in subsection (1),
(ii) attaching any bracket or fixture, or
(iii) affixing any notice,
the value of an interest of any person in the land or structure existing at the time of the action of the water services authority is reduced, or that any person having an interest in the land or structure at that time has suffered damage by being disturbed in his or her enjoyment or use of the land or structure affected by the action of the water services authority, 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.
( b) 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,
(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.
(9) An authorised person may enter on land for any purpose connected with this section and that entry shall be subject to the relevant provisions of section 252 of the Act of 2000 as if—
( a) it were an entry made under that section, and
( b) any reference in the said section to appropriate authority or local authority was a reference to a water services authority.