Water Pollution Offences
Water Pollution Act
Local authority’s power to require measures to be taken to prevent water pollution.
12. — (1) Where it appears to a local authority that it is necessary to do so in order to prevent or control pollution of waters, it may serve a notice in writing under this section on any person having the custody or control of any polluting matter on premises in its functional area.
(2) A notice under this section shall—
(a) specify the measures which appear to the local authority serving the notice to be necessary in order to prevent such matter from entering waters,
(b) direct the person on whom the notice is served to take such measures as are specified in the notice, and
(c) specify a period within which such measures are to be taken.
F31[(2A) Notwithstanding subsection (2), a notice under this subsection may, either in addition to, or in lieu of complying with that subsection—
(a) regulate or restrict in such manner and to such extent and for such period as may be specified in the notice or make subject to specified conditions the carrying on of any activity, practice or use of premises that, in the opinion of the local authority concerned, could result in the entry of polluting matter to waters, and
(b) require the provision, re-location or alteration of facilities for the collection or storage of polluting matter.]
F32[(3) A person on whom a notice under this section is served may, within such period as may be specified in the notice, make representations to the local authority concerned in writing regarding the terms of the notice and the authority, after consideration of any such representations, may amend a provision of the notice (including the provision relating to subsection (2) (c)) or may confirm or revoke the notice and shall inform the person of such amendment, confirmation or revocation.]
F33[(4) Where a notice under this section is not complied with in the period specified in the notice, the person on whom it was served commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.]
(5) Where a person does not comply with a notice under this section within the period specified in the notice, the local authority which served the notice may take any steps it considers necessary to prevent polluting matter in relation to which the notice is served from entering waters, and may recover the cost of such steps from the person on whom the notice is served as a simple contract debt in a court of competent jurisdiction.
(6) F34[…]
Annotations:
Amendments:
F31
Inserted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 9(a), commenced on enactment.
F32
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 9(b), commenced on enactment.
F33
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(e), S.I. No. 846 of 2007, art. 2. A fine of €5,000 translates into a class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F34
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
Modifications (not altering text):
C25
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 4, in effect as per art. 2.
4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Section
Provision
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10
The whole section
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5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority.
6. (1) For the purposes of articles 4 and 5, for references to “local authority” or “sanitary authority” in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule.
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FIRST SCHEDULE
Modifications of the Local Government (Water Pollution) Acts, 1977 and 1990
The provisions of the Local Government (Water Pollution) Acts. 1977 and 1990 as modified for the purposes of articles 6 (2) and 9 are set out as follows— …
…
C26
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art. 4, in effect as per art. 2.
4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order
shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Section
Provision
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12
The whole section.
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5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority.
6. (1) For the purposes of articles 4 and 5, for references to “local authority” or “sanitary authority” in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule.
…
Editorial Notes:
E77
Offence under section is an offence for the purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(1)(a) as provided (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(e).
E78
Offence under section is offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007, reg. 36 (revocation of a waste facility permit) and reg. 38 (review, amendment, revocation or transfer of a certificate of registration) as provided (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(h), in effect as per reg. 2.
E79
Offence under section is an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(h), in effect as per reg. 1(2).
E80
Offence under section may be prosecuted by the local authority concerned as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and table part I, commenced on enactment.
E81
Previous affecting provision: offence under section was an offence for the purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(1)(a) as provided (12.07.2004) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(e), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).
E82
Previous affecting provision: offence under section was an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 19(h); revoked (31.03.20008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, subject to transitional provisions in paras. (2), (3).
E83
Previous affecting provision: functions transferred (1.09.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), reg. 43, in effect as per reg. 2(b); revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42 and sch. 2.
E84
Previous affecting provision: application of section modified to increase penalties (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 24(2), commenced on enactment; repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007.
Local authority’s power to prevent and abate pollution in certain circumstances.
F35[13.—(1) Where it appears to a local authority or a sanitary authority that for the purpose of—
(a) preventing the entry of polluting matter to any waters or to any drain or sewer provided solely for the reception or disposal of storm water in its functional area,
(b) removing polluting matter from any such waters, drain or sewer,
(c) preventing polluting matter in waters outside its functional area from affecting such area or any seashore (within the meaning of the Foreshore Act, 1933 ) adjoining such area, or
(d) mitigating or remedying in relation to its functional area or any such seashore as aforesaid the effects of any polluting matter in any such waters, drain or sewer as aforesaid,
it is necessary to do so, it may take such measures (including the giving of assistance, whether financial or otherwise, to others and the procuring of the taking of measures by others) as it considers appropriate for those purposes and may dispose of any such polluting matter in such manner as it thinks fit.
(2) To the extent (if any) that any measures taken by a local authority or a sanitary authority under this section were necessitated by the acts or omissions of a person (being acts or omissions that the person ought reasonably to have foreseen would or might necessitate the taking of the measures by the authority), the expenditure incurred by the authority in relation to the measures may be recovered by the authority from the person as a simple contract debt in any court of competent jurisdiction.]
Annotations:
Amendments:
F35
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 10, commenced on enactment.
Editorial Notes:
E85
Previous affecting provision: functions transferred (1.09.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), reg. 43, in effect as per reg. 2(b); revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42 and sch. 2.
Obligation to give information to local authorities and sanitary authorities.
F59[23.—(1) A local authority may, for the purposes of its functions under this Act, by notice in writing given to or served on a person who—
(a) is abstracting water from any waters in the functional area of the authority,
(b) is discharging, or causing or permitting the discharge of, trade effluent or sewage effluent or other matter to any such waters,
(c) has custody or control of any polluting matter in its functional area,
(d) is engaged in activities or practices that, in the opinion of the local authority, may cause or permit polluting matter to enter waters,
require the person to give to the local authority in writing, within such period (being not less than 14 days) beginning on the date of the giving or serving of the notice as may be specified in the notice, such particulars as may be so specified in relation to any of the activities or practices aforesaid (including the custody or control of polluting matter) and such other information (if any) as it may consider necessary for the purposes of those functions.
(2) A sanitary authority may, for the purposes of its functions under this Act, by notice in writing given to or served on a person, require the person who is making, causing or permitting a discharge to a sewer to give to the sanitary authority in writing, within such period (being not less than 14 days) beginning with the date of the giving or serving of the notice as may be specified in the notice, such particulars as may be so specified in relation to the discharge and such other information (if any) as it may consider necessary for the purposes of those functions.
(3) Without prejudice to the generality of subsections (1) and (2), a notice under either of those subsections relating to trade effluent, sewage effluent or other polluting matter may require the person to or on whom it is given or served to give to the local authority or, as the case may be, the sanitary authority, concerned—
(a) maps, plans, drawings or photographs showing the location, nature, extent and condition of—
(i) any facilities for the collection, storage, treatment or disposal of the effluent or other polluting matter,
(ii) any other premises from which polluting matter may enter waters, or
(iii) any sewer,
and showing their relationship to any waters, and
(b) such other particulars as may be specified in the notice of the matters aforesaid, including particulars of the arrangements, systems and methods in use or proposed for the disposal of the effluent or other polluting matter, and of the times and rates at which such disposal is effected.
F60[(4) A person who—
(a) fails or refuses to comply with a requirement in a notice under this section, or
(b) in purported compliance with a requirement in a notice under this section gives to a local authority or sanitary authority information that, to such person’s knowledge, is false or is misleading in a material respect,
commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.]]
Regulations for the prevention or limitation of water pollution.
26A.—(1) For the purpose of preventing or limiting water pollution, the Minister may, by regulations, prohibit or limit or control in a specified manner and to a specified extent, the production, treatment, use (in a process or otherwise), importation, distribution, storage, transport, supply or sale of any specified substance or of any article containing any specified substance.
(2) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) make different provisions for different substances or articles,
(b) require local authorities or other specified persons to take specified steps for the purposes of securing compliance with the regulations,
(c) contain such incidental, consequential and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of such regulations.
F64[(3) (a) A person who contravenes a regulation under this section commits an offence.
(b) A person who commits an offence under this section is liable—
(i) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or
(ii) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.]
(4) A prosecution for an offence under this section may be taken by the Minister, a local authority, or such other person as may be specified in regulations under this section.]
Annotations:
Amendments:
F63
Inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 66(1), S.I. No. 192 of 1996, art. 2.
F64
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(j), S.I. No. 846 of 2007, art. 2. A fine of €5,000 translates into a class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2021.
Editorial Notes:
E166
Offence under section is offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007, reg. 36 (revocation of a waste facility permit) and reg. 38 (review, amendment, revocation or transfer of a certificate of registration) as provided (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(h), in effect as per reg. 2.
E167
Offence under section is an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(h), in effect as per reg. 1(2).
E168
Previous affecting provision: offence under section was an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 19(h); revoked (31.03.20008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, subject to transitional provisions in paras. (2), (3).
Regulations restricting use of certain vessels.
27. — (1) The Minister may, after consultation with the Minister for Transport and Power, the Commissioners of Public Works in Ireland and the Water Pollution Advisory Council, make regulations to enable local authorities to prohibit, restrict or regulate the keeping or use, in such waters (other than tidal waters) as may be specified in the regulations, of vessels with sanitary appliances from which polluting matter passes or can pass into the waters.
(2) F65[…]
F66[(3) A person who contravenes a regulation under this section commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.]
(4) F67[…]
Annotations:
Amendments:
F65
Repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007, art. 4 and sch.
F66
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(k), S.I. No. 846 of 2007, art. 4 and sch. A fine of €5,000 translates into a class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2021.
F67
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
Modifications (not altering text):
C49
Minister required to consult in relation to making of regulations under subs. (1) as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 29, commenced on enactment.
Consultation by Minister in relation to making of regulations.
29.—(1) Where the Minister considers that, having regard to the functions of any Minister of the Government, that Minister of the Government ought to be consulted in relation to the making of regulations under section 4 (10), 16 (10), 24, 25 (1), 26 (1) or 27 (1) of the Principal Act, he shall not make the regulations without having consulted with that Minister of the Government.
(2) So much of the enactments aforesaid as provide for consultation with specified persons in relation to the making of regulations shall cease to have effect.
Editorial Notes:
E169
Offence under section is offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007, reg. 36 (revocation of a waste facility permit) and reg. 38 (review, amendment, revocation or transfer of a certificate of registration) as provided (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(h), in effect as per reg. 2.
E170
Offence under section is an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(h), in effect as per reg. 1(2).
E171
Offence under section may be prosecuted by a local authority in or adjoining whose functional area any of the waters concerned are situated as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and table part I, commenced on enactment.
E172
Previous affecting provision: offence under section was an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 19(h); revoked (31.03.20008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, subject to transitional provisions in paras. (2), (3).
E173
Previous affecting provision: application of section modified to increase penalties (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 24(2), commenced on enactment; repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007.
Powers of entry, inspection etc.
28. — (1) Subject to this section, an authorised person may at any reasonable time enter premises or vessels for the purposes of—
(a) performance of a function conferred under this Act on a local authority, a sanitary authority, the Minister, the Minister for Fisheries or a board of conservators,
(b) ascertaining whether such a function should be performed,
(c) ascertaining whether there is or has been a contravention of any provision of this Act or of any regulations under this Act, or
(d) carrying out such inspection and taking such samples of waters, effluents or other matter as may be necessary for the performance of such a function under this Act.
(2) Notwithstanding anything in subsection (1), the power of entry to premises or vessels conferred by that subsection may be exercised at any time in relation to a function conferred by section 13.
(3) In any legal proceedings under this Act it shall be presumed until the contrary is shown that any sample of effluent taken by an authorised person at an inspection chamber or manhole or other place provided under and in accordance with a licence under this Act is a sample of what was passing from the premises, works, apparatus, plant or drainage pipe concerned to waters or a sewer at the time the sample was taken.
F68[(3A) (a) Where an authorised person who is on premises or a vessel in pursuance of the powers conferred by this section reasonably believes that an offence under section 3 (1), 4 (1) or 16 (1) of this Act or section 21 (3) of the Local Government (Water Pollution) (Amendment) Act, 1990, is being or has been committed in relation to the premises or vessel, he may request from any person he finds on the premises or vessel his name and address and a description of his occupation and his functions and responsibilities as respects the premises or vessel, as the case may be, and any enterprise carried on at the premises or on the vessel and (in so far as they are known to him) the name and address of the occupier of the premises, the owner of the vessel and the person in charge of the premises or vessel.
F69[(b) A person who—
(i) fails or refuses to comply with a request under this subsection, or
(ii) in pursuance of such a request, furnishes, to such person’s knowledge, information that is false or misleading to an authorised person,
commits an offence, and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.]]
F70[(4) A person who obstructs an authorised person in the performance of duties under this section commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.]
(5) The Minister may make regulations for the purpose of this section and, without prejudice to the generality of the foregoing, such regulations may—
(a) provide for the taking of samples and the carrying out of tests, examinations and analyses of samples taken under this section,
(b) prescribe the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses,
(c) prescribe the certificate or other evidence to be given of the result of any such test, examination or analysis and the classes of persons by and to whom such certificate or evidence is to be given,
(d) provide that any certificate or other evidence prescribed under paragraph (c) and given in respect of the test, examination or analysis of a sample shall in relation to that sample be sufficient evidence of the result of the test, examination or analysis until the contrary is shown.
(6) (a) A person authorised under this section to enter premises or vessels shall, if so required, produce evidence of his authority before so entering and may take with him such other persons and such equipment as may be necessary.
(b) Entry to any premises or vessel used exclusively for residential purposes, and entry with heavy equipment to any other land, shall not, except for the purpose of exercising a function conferred by section 13, be made under this section unless seven days’ notice in writing of the intended entry has been given to the occupier.
(c) Any person who in the exercise of his powers under this section enters any premises or vessel which is unoccupied or from which the occupier is temporarily absent shall leave the premises or vessel as effectually secured against trespassers as he found it.
(7) (a) Where it is shown to the satisfaction of a justice of the District Court on sworn information in writing—
(i) that admission to any premises or vessel which any person is entitled to enter under this section has been refused to that person or that refusal is apprehended, and
(ii) that there is reasonable ground for the entry for the purpose for which entry is required;
the justice may by warrant under his hand authorise that person to enter the premises or vessel.
(b) A warrant granted under this subsection shall continue in force until the purpose for which entry is required has been satisfied.
(8) F71[…]
(9) In this section—
“ authorised person ” means a person who is appointed by a local authority, a sanitary authority, the Minister, the Minister for Fisheries or a board of conservators to be an authorised person for the purposes of this Act.
Annotations:
Amendments:
F68
Inserted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 19, commenced on enactment.
F69
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(l)(i), S.I. No. 846 of 2007, art. 2. A fine of €5,000 translates into a class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2021.
F70
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(l)(ii), S.I. No. 846 of 2007, art. 2. A fine of €5,000 translates into a class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2021.
F71
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
Modifications (not altering text):
C50
Application of section extended (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 25(2).
Application of other enactments
25. …
(2) Sections 28 and 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and sections 23 , 26 and 28 of the Local Government (Water Pollution)(Amendment) Act, 1990 (No. 21 of 1990) shall apply in relation to these Regulations and for this purpose these Regulations shall be deemed to have been made under those Acts.
C51
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 4, in effect as per art. 2.
4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Section
Provision
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28
The whole section.
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5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority.
6. (1) For the purposes of articles 4 and 5, for references to “local authority” or “sanitary authority” in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule.
…
FIRST SCHEDULE
Modifications of the Local Government (Water Pollution) Acts, 1977 and 1990
The provisions of the Local Government (Water Pollution) Acts. 1977 and 1990 as modified for the purposes of articles 6 (2) and 9 are set out as follows— …
…
C52
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art. 4, in effect as per art. 2.
4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Section
Provision
…
…
28
The whole section.
…
…
5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority.
6. (1) For the purposes of articles 4 and 5, for references to “local authority” or “sanitary authority” in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule.
…
FIRST SCHEDULE
Modifications of the Local Government (Water Pollution) Acts 1977 and 1990
The provisions of the Local Government (Water Pollution) Acts, 1977 and 1990 as modified for the purposes of articles 6 (2) and 9 are set out as follows— …
…
C53
Term “regulations” under Act construed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 21(5), commenced on enactment.
Regulation and prohibition of certain agricultural activities.
21.— …
(5) For the purposes of the application of section 28 of the Principal Act in relation to this section, the reference in subsection (1) (c) of that section to regulations under the Principal Act shall be construed as including a reference to bye-laws under this section.
Editorial Notes:
E174
Offence under section is offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007, reg. 36 (revocation of a waste facility permit) and reg. 38 (review, amendment, revocation or transfer of a certificate of registration) as provided (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(h), in effect as per reg. 2.
E175
Offence under section is an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(h), in effect as per reg. 1(2).
E176
Offence under section may be prosecuted by the person who appointed the authorised person concerned as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and table part I, commenced on enactment.
E177
Previous affecting provision: offence under section was an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 19(h); revoked (31.03.20008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, subject to transitional provisions in paras. (2), (3).
E178
Previous affecting provision: functions transferred (1.09.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), reg. 43, in effect as per reg. 2(b); revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42 and sch. 2.
E179
Previous affecting provision: application of section modified to increase penalties (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 24(2), commenced on enactment; repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007.
E180
Previous affecting provision: application of subss. (1)(a), (9) modified (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 5(1), in effect as per art. 3; revoked (1.11.1992) by Local Government (Water Pollution) (Transfer of Appeals) (Revocation) Order 1992 (S.I. No. 272 of 1992), art. 3, in effect as per art. 2.
Research, etc. into water pollution.
29. — A local authority may contribute to the funds of a person engaged in or proposing to engage in research, surveys or investigations in relation to water pollution, but any such contribution shall not exceed any limit or contravene any condition which may from time to time be prescribed.
Regulations generally.
30. — (1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations.
(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations:
Modifications (not altering text):
C54
Application of section extended (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 25(2).
Application of other enactments
25. …
(2) Sections 28 and 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and sections 23 , 26 and 28 of the Local Government (Water Pollution)(Amendment) Act, 1990 (No. 21 of 1990) shall apply in relation to these Regulations and for this purpose these Regulations shall be deemed to have been made under those Acts.
Editorial Notes:
E181
Power pursuant to section exercised (1.01.2002) by Local Government (Water Pollution)(Fees) Regulations 2001 (S.I. No. 573 of 2001), in effect as per reg. 2.
E182
Power pursuant to section exercised (24.07.1998) by Local Government (Water Pollution) (Nutrient Management Planning Consultation) Regulations 1998 (S.I. No. 257 of 1998).
E183
Power pursuant to section exercised (24.06.1996) by Local Government (Water Pollution) (Amendment) Regulations 1996 (S.I. No. 184 of 1996), in effect as per reg. 2.
E184
Power pursuant to section exercised (2.08.1994) by Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Edc, Tri, Per and Tcb Discharges) Regulations 1994 (S.I. No. 245 of 1994).
E185
Power pursuant to section exercised (2.03.1994) by Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Carbon Tetrachloride, Ddt and Pentachlorophenol Discharges) Regulations 1994 (S.I. No. 43 of 1994).
E186
Power pursuant to section exercised (3.12.1993) by Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Aldrin, Dieldrin, Endrin, Isodrin, Hcb, Hcbd and Chc13 Discharges) Regulations 1993 (S.I. No. 348 of 1993).
E187
Power pursuant to section exercised (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), in effect as per reg. 2.
E188
Power pursuant to section exercised (5.03.1986) by Local Government (Water Pollution) Act, 1977, (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations 1986 (S.I. No. 55 of 1986).
E189
Power pursuant to section exercised (16.09.1985) by Local Government (Water Pollution) Act, 1977 (Control of Cadmium Discharges) Regulations 1985 (S.I. No. 294 of 1985), in effect as per reg. 2.
E190
Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).
E191
Previous affecting provision: power pursuant to section exercised (9.10.2001) by Quality of Shellfish Waters (Amendment) Regulations 2001 (S.I. No. 459 of 2001); revoked (22.05.2006) by European Communities (Quality of Shellfish Waters) Regulations 2006 (S.I. No. 268 of 2006), reg. 10.
E192
Previous affecting provision: power pursuant to section exercised (6.02.2001) by Quality of Bathing Waters (Amendment) Regulations 2001 (S.I. No. 22 of 2001); rendered obsolete by revocation of Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992) (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 28.
E193
Previous affecting provision: power pursuant to section exercised (6.02.2001) by Water Quality (Dangerous Substances) Regulations 2001 (S.I. No. 12 of 2001), in effect as per reg. 1(2); revoked (16.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), reg. 70.
E194
Previous affecting provision: power pursuant to section exercised (12.02.1999) Local Government (Water Pollution) (Amendment) Regulations 1999 (S.I. No. 42 of 1999); revoked (22.12.2013) by European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010), reg. 61.
E195
Previous affecting provision: power pursuant to section exercised (24.07.1998) by Local Government (Water Pollution) Act, 1977 (Water Quality Standards For Phosphorus) Regulations 1998 (S.I. No. 258 of 1998); revoked (16.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), reg. 70.
E196
Power pursuant to section exercised (4.06.1998) by Quality of Bathing Waters (Amendment) Regulations 1998 (S.I. No. 177 of 1998); rendered obsolete by revocation of Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992) (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 28.
E197
Previous affecting provision: power pursuant to section exercised (31.07.1996) by Quality of Bathing Waters (Amendment) Regulations 1996 (S.I. No. 230 of 1996); rendered obsolete by revocation of Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992) (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 28.
E198
Previous affecting provision: power pursuant to section exercised (8.07.1994) by Quality of Shellfish Waters Regulations 1994 (S.I. No. 200 of 1994); revoked (22.05.2006) by European Communities (Quality of Shellfish Waters) Regulations 2006 (S.I. No. 268 of 2006), reg. 10.
E199
Previous affecting provision: power pursuant to section exercised (17.05.1994) by Quality of Bathing Waters (Amendment) Regulations 1994 (S.I. No. 145 of 1994); rendered obsolete by revocation of Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992) (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 28.
E200
Previous affecting provision: power pursuant to section exercised (22.06.1992) by Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992); revoked (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), reg. 28.
E201
Previous affecting provision: power pursuant to section exercised (1.06.1985) by Local Government (Water Pollution) (Fees) Regulations 1985 (S.I. No. 115 of 1985), in effect as per reg. 2; revoked (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), reg. 4, in effect as per reg. 2.
E202
Previous affecting provision: power pursuant to section exercised (11.04.1983) by Local Government (Water Pollution) Regulations 1983 (S.I. No. 36 of 1983), in effect as per reg. 2; revoked (1.06.1985) by Local Government (Water Pollution) (Fees) Regulations 1985 (S.I. No. 115 of 1985), reg. 4, in effect as per reg. 2.
Local authority’s power to prosecute.
31. — F72[…]
Annotations:
Amendments:
F72
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
Service of notices under Act.
32. — (1) Any notice required to be given or served by or under this Act shall be addressed to the person concerned and given or served in one of the following ways—
(a) by addressing it to him by name and delivering it to him,
(b) by leaving it at the address at which he ordinarily resides,
(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides,
(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice is required to be given in respect of any premises or vessel, by delivering it to a person over 16 years of age resident or employed on the premises or vessel or by affixing it in a conspicuous position on or near the premises or vessel.
(2) Where the name of the occupier cannot be ascertained by reasonable inquiry a notice under this section may be addressed to “ the occupier ”.
(3) For the purpose of this section a company registered under the Companies Act, 1963, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
Annotations:
Modifications (not altering text):
C55
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 4, in effect as per art. 2.
4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Section
Provision
…
…
32
The whole section.
…
…
5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority.
6. (1) For the purposes of articles 4 and 5, for references to “local authority” or “sanitary authority” in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule.
…
FIRST SCHEDULE
Modifications of the Local Government (Water Pollution) Acts, 1977 and 1990
The provisions of the Local Government (Water Pollution) Acts. 1977 and 1990 as modified for the purposes of articles 6 (2) and 9 are set out as follows— …
…
C56
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art. 4, in effect as per art. 2.
4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order
shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Section
Provision
…
…
32
The whole section.
…
…
5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority.
6. (1) For the purposes of articles 4 and 5, for references to “local authority” or “sanitary authority” in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule.
…
FIRST SCHEDULE
Modifications of the Local Government (Water Pollution) Acts 1977 and 1990
The provisions of the Local Government (Water Pollution) Acts, 1977 and 1990 as modified for the purposes of articles 6 (2) and 9 are set out as follows— …
…
Editorial Notes:
E203
Previous affecting provision: functions transferred (1.09.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), reg. 43, in effect as per reg. 2(b); revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42 and sch. 2.
Commencement.
33. — This Act shall come into operation on such day or days as may be appointed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be fixed for different purposes and different provisions of this Act.
Annotations:
Editorial Notes:
E204
Power pursuant to section exercised (22.01.1996) by Local Government (Water Pollution) Act, 1977, (Commencement) Order 1996 (S.I. No. 18 of 1996), in effect as per art. 2.
2. Section 34 of the Local Government (Water Pollution) Act, 1977 shall come into operation on the 22nd day of January 1996.
E205
Power pursuant to section exercised (1.04.1978) by The Local Government (Water Pollution) Act, 1977, (Commencement) (No. 2) Order 1977 (S.I. No. 296 of 1977), in effect as per art. 2.
2. On the 1st day of April, 1978, sections 4, 5, 6, 7, 8, 9 and 15, subsections (1), (2), (3), (4), (5), (6), (10), (11) and (12) of section 16, and sections 17, 18, 19, 20 and 21 of the Local Government (Water Pollution) Act, 1977 shall come into operation generally.
E206
Power pursuant to section exercised (1.05.1977) by The Local Government (Water Pollution) Act, 1977, (Commencement) Order 1977 (S.I. No. 117 of 1977), in effect as per art. 2.
2. On the 1st day of May, 1977, sections 1, 2, 3, 10, 11, 12, 13 and 14, subsections (7), (8), (9), (13), (14) and (15) of section 16, and sections 22, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 35 and 36 of the Local Government (Water Pollution) Act, 1977 shall come into operation generally.
Repeals.
34. — The following are hereby repealed—
(a) the Rivers Pollution Prevention Act, 1876.
(b) the Rivers Pollution Prevention Act, 1893.
(c) F73[…].
Annotations:
Amendments:
F73
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
Expenses.
35. — (1) The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas to such extent as may be sanctioned by the Minister for Finance.
(2) The expenses under this Act of the council of the county of Dublin shall be charged on that county exclusive of the borough of Dun Laoghaire.
Short title.
36. — This Act may be cited as the Local Government (Water Pollution) Act, 1977.