Water Services Act 2007
Source: Iris Oifigiúl 2007-05-18

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paragraphs: — (1) This Act may be cited as the Water Services Act 2007.
(2) The Environmental Protection Agency Acts 1992 and 2003, section 107 and this subsection may be cited together as the Environmental Protection Agency Acts 1992 to 2007, and shall be read together as one.
(3) The Housing Finance Agency Acts 1981 to 1992, section 108 and this subsection may be cited together as the Housing Finance Agency Acts 1981 to 2007, and shall be read together as one.
(4) The Local Government (Water Pollution) Acts 1977 and 1990, sections 109 and 110 and this subsection may be cited together as the Local Government (Water Pollution) Acts 1977 to 2007, and shall be read together as one.
(5) The Fisheries Acts 1959 to 2006, section 111 and this subsection may be cited together as the Fisheries Acts 1959 to 2007, and shall be read together as one.
(6) The Planning and Development Acts 2000 to 2006, section 114 and this subsection may be cited together as the Planning and Development Acts 2000 to 2007, and shall be read together as one.
(7) The Local Government Acts 1925 to 2006, sections 13 and 115 and this subsection may be cited together as the Local Government Acts 1925 to 2007, and shall be read together as one.
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paragraphs: — (1) In this Act, except where the context otherwise requires—
“ abstraction ”, in relation to water contained in any source of water, means the doing of anything whereby any of that water is removed from that source of water, whether temporarily or permanently, including anything whereby the water is so removed for the purpose of being transferred to another source of water;
“Act of 1962” means Local Government (Sanitary Services) Act 1962 ;
“ Act of 1977” means Local Government (Water Pollution) Act 1977 ;
“ Act of 1990 ” means Local Government (Water Pollution) (Amendment) Act 1990 ;
“ Act of 1992 ” means Environmental Protection Agency Act 1992 ;
“ Act of 1996 ” means Waste Management Act 1996 ;
“ Act of 2000 ” means Planning and Development Act 2000 ;
“ Act of 2001 ” means Local Government Act 2001 ;
“ accessories ”, in relation to a waterworks, waste water works, water main, sewer or other pipe, includes any manholes, ventilating shafts, inspection chambers, overflow weirs or chambers, valves, tanks, sluices, culverts, wash-out pipes or stopcocks for them, or any machinery or other apparatus which is designed or adapted for use in connection with the use or maintenance of the waterworks, waste water works, main, sewer or other pipe or of another accessory;
“ Agency ” means the Environmental Protection Agency;
“ agriculture ” includes horticulture, apiculture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including pigs, poultry and any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the training of horses and the rearing of bloodstock, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the making and storage of silage;
“ aquaculture ” has the same meaning as it has in the Fisheries (Amendment) Act 1997 ;
“ authorised person ” means a person who is—
(a) appointed in writing by the Minister, a water services authority or such other person as may be prescribed to be an authorised person for the purposes of this Act or any part or section of it, or
(b) appointed in writing to be an authorised person by regulations under this Act by a person specified in those regulations;
“ authorised provider of water services ”, or any similar construction, means a holder of a licence under Part 6 , Chapter 2 or a person to whom section 79 (4) applies;
“ Board ” means An Bord PleanÃ¡la;
“ charge ”, except where the context otherwise requires, includes fee;
“ development ” has the meaning assigned to it by section 3 of the Act of 2000;
“ development plan ” means a development plan adopted under section 9(1) of the Act of 2000;
“ distribution system ” means a pipe and its related fittings, that is used, or to be used as the case may be, to convey water into or through one or more premises (including any related internal or external taps), other than—
(a) a service connection,
(b) where it is owned by, vested in or controlled by—
(i) a water services authority,
(ii) an authorised provider of water services, or
(iii) a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services,
and in the case of water used in manufacturing, including food or drinks production, includes the point where water is used in the undertaking;
“ domestic waste water ” means waste water of a composition and concentration (biological and chemical) normally discharged by a household, and which originates predominantly from the human metabolism or from day to day domestic type human activities, including washing and sanitation, but does not include fats, oils, grease or food particles discharged from a premises in the course of, or in preparation for, providing a related service or carrying on a related trade;
“ drain ” means a drainage pipe, or system of such pipes and related fittings for collection of waste water, that is not owned by, vested in or controlled by a water services authority, an authorised provider of water services, or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, and that is not a service connection, which is used, or to be used as the case may be, to convey waste water from one or more premises or to any waste water treatment system on a premises where the waste water is generated;
“ enactment ” means an Act, Statute or Statutory Instrument or any portion of an Act, Statute or Statutory Instrument;
“ EU Water Framework Directive ” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for community action in the field of water policy 1 ;
“ groundwater ” means all water below the land surface that is not in a pipe or similarly contained;
“ internal distribution system ” means that part of a distribution system, within the curtilage of a premises, which is used for the provision of water for human consumption or food or drinks production;
“ land ” includes any structure and any land covered with water (whether inland or coastal), any substratum of land and, in relation to the acquisition of land, any pipe running through, under or over land, or any interest or right in or over land (including an interest or right granted by or held from the person acquiring the land);
“ Minister ” means Minister for the Environment, Heritage and Local Government;
“ monitoring ” includes inspection, measurement, sampling or analysis, whether periodically or continuously;
“ network ” means the works forming the system for the distribution of water supply or for the collection of waste water;
“ occupier ” includes any person entitled to occupy a premises and any other person having, for the time being, control of the premises;
“ owner ” means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in his or her own right or as a trustee or agent for any other person, is entitled to receive the rent of the premises or, where the premises are not let at a rent, would be so entitled if they were so let;
“ parametric values ” has the same meaning as it has in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption 2 ;
“ pipe ” includes—
(a) any sewer, water main, service connection, drain, channel, culvert, drainage pipe, and
(b) any system of such pipes, accessories and related fittings, including meters,
that is used, designed or intended to be used to collect, store, distribute or measure water, waste water, domestic waste water or trade effluent;
“ polluter pays principle ” means the principle set out in Council Recommendation 75/436/Euratom, ECSC, EEC of 3 March, 1975 3 regarding cost allocation and action by public authorities on environmental matters;
“ premises ” includes any building, vessel, vehicle, structure or land (whether or not there are structures on the land and whether or not the land is covered with water), and any plant or related accessories on or under such land, or any hereditament of tenure, together with any out-buildings and curtilage;
“ prescribe ” means prescribe by regulations made by the Minister under this Act, and cognate words shall be construed accordingly;
“ public authority ” means:
(a) a Minister of the Government;
(b) a local authority within the meaning of the Act of 2001;
(c) the Commissioners of Public Works in Ireland;
(d) a harbour authority within the meaning of the Harbours Acts 1946 to 2005;
(e) a harbour company under the Harbours Acts 1996 to 2005;
(f) the Health Service Executive;
(g) a board or other body (but not including a company under the Companies Acts) established by or under statute;
(h) a company under the Companies Acts, in which all the shares are held—
(i) by or on behalf of or jointly with a Minister of the Government,
(ii) by directors appointed by a Minister of the Government, or
(iii) by a board, company or other body referred to in paragraph (g) or subparagraph (i) or (ii),
or
(i) any other person as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act;
“ service connection ” means a water supply pipe or drainage pipe, together with any accessories and related fittings, extending from a waterworks or waste water works to the outer edge of the boundary to the curtilage of a premises, and used, or to be used as the case may be, for the purpose of connecting one or more premises with a waterworks or waste water works, and, where used or to be used for connecting more than one such premises it shall extend to the outer edge of the boundary to the curtilage of the premises which is furthermost from the said waterworks or waste water works;
“ sewage ” and “sewage effluent” have the meanings assigned to them by the Act of 1977;
“ sewer ” means drainage pipes and sewers of every description, including storm water sewers, owned by, vested in or controlled by a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, but does not include a drain or service connection;
“ source ” means any lake, pool, river, pond, stream, impoundment, spring or aquifer from which water is or at any time may be obtained;
“ storm water ” means run-off rainwater that enters any pipe;
“ structure ” means any building, erection, structure, excavation, or other thing constructed, erected, or made on, in or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situated;
“ surface water ” means all rainwater or other water that is not in a pipe, but is on the surface of the land;
“ technical requirements ”, in relation to a pipe and its fittings, means the appropriate capacity for the anticipated level of usage of the pipe, taking account of the standard sizes in which pipes and fittings are generally manufactured;
“ trade ” includes agriculture, aquaculture and any scientific research or experiment;
“ trade effluent ” means effluent from any works, apparatus, plant or drainage pipe used for the disposal to a waste water works of any liquid (whether treated or untreated), either with or without particles of matter in suspension therein, which is discharged from premises used for carrying on any trade or industry (including mining), but does not include domestic waste water or storm water;
“ treatment systems ” includes systems involving physical, chemical, biological or thermal processes, or combinations of processes, utilised for treatment of water or waste water, or the sludge derived therefrom;
“ urban waste water ” means domestic waste water or the mixture of domestic waste water with industrial waste water;
“ waste water ” means sewage, storm water or other effluent discharged, or to be discharged, to a drain, service connection or sewer;
“ waste water works ” means sewers and their accessories, and all other associated physical elements used for collection, storage or treatment of waste water, and any related land, which are owned by, vested in, controlled or used by any person providing or intending to provide water services;
“ water main ” means water supply pipes owned by, vested in or controlled by a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, but does not include pipes, fittings and appliances to which the words “distribution system” or “service connection” interpreted in this section apply;
“ water services ” means all services, including the provision of water intended for human consumption, which provide storage, treatment or distribution of surface water, groundwater or water supplied by a water services authority, or waste water collection, storage, treatment or disposal, but does not include—
(a) provision by a person of pipes and related accessories for the distribution of water, or collection of waste water, to facilitate the subsequent connection by a provider of water services of another person to a water supply or waste water collection service, and
(b) such other exemptions as the Minister may prescribe, for the purposes of the application of licensing provisions under Part 6 ;
“ water services authority ” means a County Council or a City Council as defined in the Act of 2001, and, subject to such exceptions as may be prescribed, and where the context permits, any references to a sanitary authority or local authority in any legislation, in so far as it relates to functions of that authority in relation to water services, shall be regarded as a reference to a water services authority;
“ waters ” has the meaning assigned to it by the Act of 1977;
“ waterworks ” means water sources, water mains and their accessories, and all other associated physical elements used for the abstraction, treatment, storage or distribution of water, and any related land, which are owned by, vested in, controlled or used by any person providing or intending to provide water services;
“ works ” except where the context otherwise requires includes waterworks and waste water works.
(2) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.
(3) A reference in this Act to the provision of a service shall be construed as including references to the rendering, the supply, the grant, the issue or provision otherwise of the service, and kindred words shall be construed accordingly.
1 OJ No. L327, 22.12.2000, p.1-73
2 OJ No. L330/32, 05.12.98
3 OJ No. L194, 25.07.1975, p.1
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paragraphs: — This Act comes into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions.
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paragraphs: — (1) The Acts specified in Schedule 1 are repealed to the extent specified in column 3 of that Schedule opposite the mention of the Act concerned.
(2) Article 9 of the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001 ) is revoked.
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paragraphs: — The purpose for which this Act is enacted includes giving effect to so much of the following as relates to water services:
(a) Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments 4 ;
(b) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment 5 ;
(c) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 6 ;
(d) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption 7 ;
(e) Commission Directive 98/15/EC of 27 February 1998 amending Council Directive 91/271/EEC with respect to certain requirements established in Annex 1 thereof 8 ;
(f) Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources 9 ;
(g) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment 10 ;
(h) Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture 11 ;
(i) Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances 12 ;
(j) Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community 13 .
4OJ No. L135/1, 30.04.2004
5OJ No. L197/30, 21.07.2001
6OJ No. L327/1, 22.12.2000
7OJ No. L330/32, 05.12.1998
8OJ No. L67/29, 07.03.1998
9OJ No. L375/1, 31.12.1991
10OJ No. L135/40, 30.05.1991
11OJ No. L181/6, 04.07.1986
12OJ No. L20/43, 26.01.1980
13OJ No. L129/23, 18.05.1976
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paragraphs: — (1) The Minister, a water services authority or any prescribed person may, for the purposes of discharging his or her or its functions under this Act, by notice in writing given to or served on a person who is—
(a) providing water services,
(b) making, causing or permitting a discharge to a drain, service connection or waste water works, or
(c) in receipt of a water supply,
require the person to keep such records or to give to the Minister, a water services authority or other prescribed person, in writing or otherwise as may be specified, 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 those activities or practices, and such other information (if any) as he or she or it may consider necessary for the purposes of those functions.
(2) A person who—
(a) fails or refuses to comply with a requirement in a notice under this section,
(b) in purported compliance with such a requirement gives to the Minister, a water services authority or other prescribed body information that, to his or her knowledge, is false or is misleading in a material respect, or
(c) in relation to an application for a licence or consent, or to an application for financial assistance, or to the provision of any information required under this Act or any regulations thereunder provides information which is to his or her knowledge false or misleading,
commits an offence.
(3) Where a person is convicted of an offence under this section in relation to the provision of false or misleading information in connection with an application for a licence under this Act, any licence issued to that person consequent on the application to which the information was furnished shall stand revoked from the date of the conviction.
(4) Without prejudice to section 19 (1)(f), the Minister may make regulations in relation to the provision of information or documents in electronic form by any person for the purposes of this Act.
(5) Without prejudice to the generality of subsection (4), regulations under this section may—
(a) provide for—
(i) specification of the circumstances in which information or documents may be provided in electronic form,
(ii) related technical and procedural requirements,
(iii) consent to the giving or receipt of information in electronic form,
(iv) retention and reproduction of information or documents given in electronic form, or
(v) related and ancillary matters, and
(b) apply to a particular class or classes of information or document, or for a particular period.
(6) Subsection (4) applies without prejudice to any other enactment requiring or permitting documents or other information to be given, retained or produced, as the case may be, in accordance with specified procedural requirements or particular information technology.
(7) In this section, “electronic form” means information that is generated, communicated, processed, sent, received, recorded, stored or displayed by electronic means and is capable of being used to make a legible copy or reproduction of that communicated information, but does not include information communicated in the form of speech and such electronic means includes electrical, digital, magnetic, optical, electro-magnetic, biometric, photonic and any other form of related technology.
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paragraphs: — (1) A water services authority or other prescribed person may for any purposes connected with this Act, by notice in writing, require the occupier of any land or any person receiving, whether for himself or herself or for another, rent from any land to inform it or him or her within a specified period ending not less than 14 days after being so required, of particulars of—
(a) the estate,
(b) interest or right by virtue of which he or she occupies such land or receives such rent, as the case may be, and
(c) the name and address (so far as known to him or her) of every person who to his or her knowledge has an estate or interest in or right over or in respect of such land.
(2) A person who is required to provide any particulars under subsection (1) who—
(a) fails to provide those particulars within the specified period, or
(b) when stating such particulars makes a statement which to his or her knowledge is false or misleading in a material respect,
commits an offence.
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paragraphs: — (1) A person who commits an offence under section 19 (4) or 56 (20) is liable on summary conviction to a fine not exceeding €100.
(2) A person who commits an offence under section 7 (2), 30 (7)(b), 30 (10), 42 (9)(a), 43 (17), 45 , 49 (6), 56 (4), 56 (15), 56 (18), 62 (8), 72 (6), 74 (4)(b), 80 (6) or 104 (12) is liable on summary conviction to a fine not exceeding €5,000.
(3) A person who commits an offence under section 6 (2), 33 (3), 53 (1), 55 (1)(a), 55 (11), 61 (1)(a), 61 (2), 61 (12), 63 (12)(a), 74 (1) or 74 (3) is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.
(4) A person who commits an offence under section 12 (1), 22 (7), 31 (15), 31 (20), 32 (5), 54 (6), 57 , 58 (4), 59 (2), 60 (2), 63 (11), 63 (17), 69 (7), 70 (10) or 79 (5) is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.
(5) In imposing any penalty under subsection (2), (3) or (4), the court shall, in particular, have regard to the risk or extent of injury to human health or the environment arising from the act or omission constituting the offence, and to the polluter pays principle.
(6) Subject to subsection (7), a court of competent jurisdiction may order up to the limit of its jurisdiction that a person guilty of an offence under this Act, in addition to any penalty imposed by the court in accordance with this section, shall carry out all necessary remedial works directed by the court to be necessary towards making good any damage caused by the offence.
(7) If the person who brought the prosecution is willing to undertake some or all of the necessary remedial work, and indicates this to the court, the court may order that the person may do that work, or arrange for it to be carried out on behalf of or jointly with that person, in lieu of the convicted party, and that the cost of the work, undertaken by the person who brought the prosecution, and agreed by the court to have been necessary work towards making good the damage caused by the offence, shall be payable by the convicted party.
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paragraphs: — (1) Summary proceedings for an offence under this Act may be brought by a water services authority (whether or not the offence is committed in its functional area).
(2) Notwithstanding subsection (1), the Minister may, by regulations, provide that summary proceedings for an offence specified in the regulations may be brought by such person (including the Minister) as is so specified.
(3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for any offence under this Act may be commenced—
(a) at any time within 12 months from the date on which the offence was committed,
(b) if, at the expiry of that period, the person against whom the proceedings are to be brought is outside the State, within 6 months of the date on which he or she next enters the State, or
(c) at any time within 6 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings, comes to that person’s knowledge,
whichever is the later, provided that no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed.
(4) For the purpose of this section, a certificate signed by or on behalf of or jointly with the person bringing the proceedings as to the date on which evidence relating to the offence concerned came to his or her knowledge shall be prima facie evidence and in any legal proceedings a document purporting to be a certificate issued for the purpose of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate.
(5) Where two or more persons are liable by virtue of this Act for the same damage, they shall be liable jointly and severally as concurrent wrongdoers within the meaning of Part III of the Civil Liability Act 1961 .
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paragraphs: — (1) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to—
(a) a water services authority, or
(b) another person,
the costs and expenses, measured by the court, incurred by the water services authority or other person in relation to the investigation, detection or prosecution of the offence.
(2) Costs and expenses referred to in subsection (1) may include costs and expenses incurred in relation to any one or more of the following:
(a) the taking of samples;
(b) the carrying out of tests;
(c) examinations and analyses; and
(d) the remuneration and other expenses of directors, employees, consultants and advisers.
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paragraphs: — (1) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, it shall, on the application of the water services authority which brought the prosecution, or person specified under regulations made under section 9 (2) as the case may be (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the water services authority or other person.
(2) Payment to be paid under subsection (1) may be enforced by the water services authority or person specified under regulations made under section 9 (2) as if it were due on foot of a decree or order made by the court in civil proceedings.
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paragraphs: — (1) A person who obstructs or interferes with—
(a) the exercise by a water services authority or any other prescribed person of powers vested in it or him or her under, or by virtue of, this Act, or
(b) the compliance by any person, including the owner or occupier of a premises, with the provisions of this Act or of any notice, direction or order issued under it,
commits an offence.
(2) The owner or occupier of a premises to which subsection (1)(b) applies may apply to a court of competent jurisdiction for an order against the person who is causing the obstruction or interference referred to in subsection (1) directing that person to cease the obstruction or interference complained of.
(3) An order under subsection (2), or the refusal of an order under that subsection, shall not affect any requirement or obligation under this Act on an owner or occupier or other relevant person.
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paragraphs: — In any prosecution for an offence under this Act the onus of proving the existence of any licence or exemption shall be on the person seeking to avail of it.
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paragraphs: — (1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
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paragraphs: — The expenses incurred by the Minister in administering this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: — The Minister may, for the purposes of this Act, as he or she sees fit and in accordance with such conditions as he or she may determine, make grants out of moneys provided by the Oireachtas to—
(a) a water services authority,
(b) any person providing or intending to provide water services,
(c) an organisation which represents or promotes the formation of co-operative groups or voluntary associations,
(d) an organisation which conducts research or provides information, advice or training related to water services, or
(e) any other person.
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paragraphs: — (1) The Minister may, for the purposes of this Act, as he or she sees fit and in accordance with any regulations made under this section, make schemes of financial assistance to any person.
(2) The Minister may make regulations for the purposes of this section and, without prejudice to the generality of the foregoing, regulations under this section may provide for—
(a) the objective or purpose of a scheme,
(b) the appointment of an administrator of a scheme,
(c) the specification of the amounts of financial assistance,
(d) the methods of determining financial assistance,
(e) the monitoring, reporting and accounting arrangements,
(f) application procedures,
(g) eligibility criteria,
(h) compliance with relevant taxation requirements,
(i) general administrative procedures,
(j) the recovery of payments of financial assistance, or
(k) any consequential or ancillary matters necessary for the proper functioning of a scheme.
(3) The Minister may make a scheme amending or revoking a scheme under this section.
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paragraphs: — (1) The Minister may make regulations for the purposes of this Act, including regulations for prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.
(2) Regulations made under this Act may make different provisions, including provision for different requirements or exemptions, in relation to different areas, different circumstances, different classes of persons or water services or other activities.
(3) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulation or order made under it) as may appear to the Minister to be appropriate for the purposes of this Act or any regulations or order made under it.
(4) Every regulation made by the Minister 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 House within the next 21 days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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paragraphs: — (1) Any notice, or other document or thing, required to be served or given by, or under, this Act shall be addressed to the person concerned and served or given in any of the following ways:
(a) by addressing it to the person by name and delivering it to him or her;
(b) by leaving it at the address at which the person ordinarily resides or carries on business;
(c) by sending it by post in a prepaid registered letter addressed to him or her at the address at which he or she ordinarily resides or carries on business;
(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address;
(e) where the address at which the person ordinarily resides or carries on business cannot be ascertained by reasonable inquiry and the notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over 16 years of age resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises; or
(f) where there is a facility for receiving a copy of the notice by electronic mail or a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a copy of the notice by electronic mail or a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this subsection other than this paragraph.
(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge” as the case may be.
(3) For the purpose of this section a company registered under the Companies Acts 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.
(4) A person who, at any time during the period of 3 months after a notice is affixed under subsection (1)(e) removes, damages or defaces the notice without lawful authority, commits an offence.
(5) Without prejudice to section 20 and for the purpose of a notice under section 43 (13), 92 (2) or 97 (1)—
(a) where the name of the person concerned cannot be ascertained by reasonable inquiry, the notice may be addressed (however expressed) to—
(i) the person who owns or has control over the land or pipe referred to in the notice, or
(ii) the person who is responsible for the maintenance, repair or renewal of the land or pipe referred to in the notice,
(b) where the address of any person to whom a notice under section 43 (13), 92 (2) or 97 (1) is directed cannot be ascertained by reasonable inquiry, then service of the notice may be effected by—
(i) publication of the notice in Iris OifigiÃºil,
(ii) affixing a copy of the notice in a conspicuous position at or near the location at which the work referred to in the notice is to be carried out, and
(iii) publication of the notice in a newspaper circulating in the area in which the land or pipe referred to in the notice is located.
num: 20
paragraphs: — Whenever in any proceedings under this Act it is necessary to mention the occupier or owner of any premises it shall be sufficient to designate him or her as “occupier” or “owner” of the premises without further description.
num: 21
paragraphs: — A water services authority, and any other person who may be prescribed functions under the Act, shall have all such powers of examination, investigation and survey as may be necessary for the performance of their functions in relation to this Act.
num: 22
paragraphs: — (1) The Minister, or a water services authority, or such other person as may be prescribed, may appoint a person to be an authorised person for the purposes of this Act.
(2) An authorised person may, for any purpose connected with this Act—
(a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there is or may be a risk to human health or the environment arising from the carrying on of a water services activity at a premises, enter any premises and bring onto those premises such other persons (including a member of the Garda SÃ­ochÃ¡na) or equipment as he or she may consider necessary, or
(b) at any time if he or she has reasonable grounds for suspecting there may be a risk to human health or the environment, or that an offence under this Act is being or is about to be committed, halt and board any vehicle and require the driver of the vehicle to take it to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person for such period as he or she may consider necessary, or
(c) enter and inspect any premises for the purposes of obtaining any information which the Minister, the water services authority or other prescribed person, as the case may be, may require, or of performing a function under this Act.
(3) An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this section unless he or she has obtained a warrant from the District Court under subsection (8) authorising such entry.
(4) Every authorised person shall be furnished with a certificate of his or her appointment and, when exercising any power conferred on him or her by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.
(5) Whenever an authorised person enters any premises or boards any vehicle, under this section, he or she may—
(a) take photographs and carry out inspections,
(b) carry out tests and take samples,
(c) monitor any effluent, including trade effluent or other matter which is contained in or discharged from a premises,
(d) carry out surveys, take levels, make excavations and carry out examinations of depth and nature of subsoil,
(e) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period of time as may be specified by the authorised person, which period—
(i) shall be no greater than reasonably necessary, and
(ii) may be extended from time to time by an authorised person where necessary for the purposes of subparagraph (i),
(f) require information from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises,
(g) require the production of, or inspect, records or documents, or take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any records or documents,
(h) examine works,
(i) carry out repairs or remedial works,
(j) replace or renew equipment,
(k) install or ascertain the course or condition of any sewer, drain, water main, distribution system, service connection or related accessories, or carry out maintenance, repairs or renewal on them, or
(l) carry out examinations to ascertain whether water supplied to the premises is being wasted, or consumed in excessive amounts relative to the purpose provided or used for purposes other than for which supplied,
which the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any function under this Act.
(6) (a) An authorised person who, having carried out enquiries in accordance with the powers provided under this section, considers that a water supply or waste water or any associated infrastructure at a premises constitutes a risk, or permits a risk to human health or the environment, may direct the owner or occupier of the premises to take such measures as are considered by that authorised person to be necessary to remove that risk.
(b) If the owner or occupier referred to in paragraph (a) fails to comply with a direction of an authorised person under this subsection, the authorised person may do all things as are necessary to ensure that the measures required under the direction are carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the owner or occupier by him or her, or the person by whom he or she was appointed.
(7) Any person who—
(a) refuses to allow an authorised person to enter any premises or board any vehicle or to bring any person or equipment with him or her in the exercise of his or her powers,
(b) obstructs or impedes an authorised person in the exercise of any of his or her powers,
(c) gives either to an authorised person, a relevant water services authority or the Board, information which is to his or her knowledge false or misleading in a material respect, or
(d) fails or refuses to comply with any direction or requirement of an authorised person,
commits an offence.
(8) (a) Where an authorised person in the exercise of his or her powers under this section is prevented from entering any premises, or if he or she has reason to believe that evidence related to a suspected offence under this Act may be present in any premises and that the evidence may be removed therefrom or destroyed, or if the authorised person has reason to believe that there is a significant immediate risk to human health or the environment, the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant under this subsection authorising the entry by the authorised person onto or into the premises.
(b) If, on application being made to the District Court under this subsection, the District Court is satisfied, on the sworn information of the authorised person that he or she has been prevented from entering a premises, the Court may issue a warrant authorising that person, accompanied, if the Court deems it appropriate by another authorised person or a member of the Garda SÃ­ochÃ¡na, as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in subsection (5) or (6).
(9) An authorised person may, in the exercise of any power conferred on him or her by this Act involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Act, request a member of the Garda SÃ­ochÃ¡na to assist him or her in the exercise of such a power and any member of the Garda SÃ­ochÃ¡na to whom he or she makes such a request shall comply with that request.
(10) An authorised person may enter on land for the purpose of assessing the suitability of the land for any activity, or for use in connection with any activity, authorised under this Act and that entry shall be subject to the relevant provisions of section 252 of the Act of 2000 as if it were an entry made under that section.
(11) The Minister may make regulations for the purpose of this section to provide for all or any of the following matters:
(a) the taking of samples and the carrying out of tests, examinations and analyses;
(b) the specification of the classes of persons to be responsible for taking samples and for the carrying out of tests, examinations and analyses;
(c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given; or
(d) any consequential or ancillary matters.
(12) Any certificate or other evidence given, or to be given, in respect of any test, examination or analysis of any sample shall, in relation to that sample, be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.
num: 23
paragraphs: — (1) Where a provision of this Act, or of any regulation made under this Act, or of any notice served under this Act, enables representations to be made, or requires documents, particulars or other information to be furnished, before the expiration of a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Organisation of Working Time Act 1997 ) or any other day on which the principal office of the water services authority concerned, or other prescribed person (as the case may be), is closed, the representations, documents, particulars or other information (as the case may be), shall be regarded as having been received before the expiration of that period if received by the water services authority or other prescribed person on the next following day on which the principal office of the water services authority, or other prescribed person, is open.
(2) In this section “representations” includes objections, submissions and observations.
num: 24
paragraphs: — (1) A water services authority or any other person prescribed shall establish and maintain records for the purposes of this Act.
(2) The records referred to in subsection (1) may be established and maintained in a form that is not legible if they are capable of being converted into a legible form.
(3) In any proceedings taken under this Act a certificate signed by an authorised person and containing information stated to be taken from records maintained under this section by a water services authority or any other person prescribed shall be admissible as evidence of the facts stated in the certificate.
(4) In any proceedings a document purporting to be a certificate under subsection (3) shall be deemed to be such a certificate and to have been signed by an authorised person unless the contrary is shown.
(5) In any proceedings a document purporting to be a copy of a notice, order, licence or other record and to be certified by an authorised person to be a true copy of the notice, order, licence or other record shall be admissible as evidence of that notice, order, licence or record.
(6) The Minister may make regulations for the purposes of this section, including regulations to impose requirements to keep specified records made under this section and to provide for the format of those records.
num: 25
paragraphs: — (1) A water services authority and any other person prescribed shall, as soon as may be after the commencement of this section, establish and maintain a register for the purposes of this Act, and shall enter in the register the entries and additions as may, from time to time, be prescribed.
(2) A register under this section shall be kept at the principal office of the water services authority concerned, or any other person prescribed, and shall be made available for inspection by any person during office hours.
(3) Where a request is made to a water services authority, or any other person prescribed, for a copy of an entry in the register maintained by it or him or her under this section, the water services authority, or other person prescribed, shall issue such a copy to the applicant on, if so required, the payment by the applicant of a fee of such an amount (not exceeding the reasonable cost of making the copy) as may be determined.
(4) Every document purporting to be a copy of an entry in a register maintained under this section by a water services authority, or other person prescribed, and purporting to be certified by an officer of the water services authority, or other person prescribed, to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was that officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.
(5) Evidence of an entry in a register under this section may be given by production of a copy of it certified under this section and it shall not be necessary to produce the register itself.
(6) A water services authority, or other person prescribed shall notify the Minister, or other person prescribed, in such manner and at such times as may be prescribed, of such particulars entered in a register maintained under this section as may be prescribed.
(7) (a) A water services authority or other person prescribed may keep a register under this section otherwise than in legible form so that the register is capable of being used to make a legible copy or reproduction of any entry in the register.
(b) References in this section to a copy of an entry in a register under this section shall be construed as including references to such a legible copy or reproduction.
(8) The Minister may make regulations to impose a requirement to record specified information for the purposes of this section and may prescribe the format of those records.
num: 26
paragraphs: — (1) For the purpose of enabling a water services authority or other person prescribed to perform their functions, the Minister may provide services (including services of staff) to the water services authority, or other person prescribed, on such terms and conditions (including payment for such services) as may be agreed and the water services authority or other person prescribed may avail of such services.
(2) A water services authority may provide services (including services of staff) to the Minister, another water services authority, or any other person, on such terms and conditions (including payment for such services) as may be agreed, and the Minister, the other water services authority or other person may avail of such services.
(3) A public authority may provide to the Minister, a water services authority, or any person prescribed, any services (including services of staff) required by the Minister or the water services authority, or other person prescribed, for the performance of any of his or her or its functions under this Act and on such terms and conditions (including payment for such services) as may be agreed and the Minister, water services authority or other person prescribed may avail of such services.
num: 27
paragraphs: — (1) Subject to subsection (2), and provided that the Minister is satisfied that democratic accountability for the function concerned will be ensured, where the Minister is satisfied that—
(a) any function conferred on a water services authority by this Act could be effectively performed in lieu or in addition by the Minister, or other prescribed person,
(b) any function conferred on the Minister could be performed in lieu or in addition by a water services authority or other prescribed person,
the Minister may prescribe that the Minister, a water services authority or other person prescribed may perform the function with effect from a prescribed date.
(2) The Minister shall consult with the water services authority and any person prescribed for the purposes of this section before he or she makes regulations under subsection (1).
(3) Whenever regulations under subsection (1) are in operation in relation to a particular function, a reference in this Act or any other enactment to a water services authority shall, where appropriate, be construed as a reference to the Minister, or the person prescribed, as the case may be, and the function to which the regulations relate shall be a function of the Minister, or the person prescribed, as the case may be.
(4) Whenever regulations under subsection (1) are in operation in relation to a particular function, a reference in this Act, or any other enactment, to the Minister, shall, where appropriate, be construed as a reference to a water services authority, or other prescribed person, and the function to which the regulations relate shall be a function of the water services authority, or the person prescribed, as the case may be.
num: 28
paragraphs: — (1) Where, on application by a water services authority to the High Court, the Court is satisfied that a person has failed to comply with a requirement of or under this Act, and the failure has caused, or is likely to cause, a risk to human health or the environment, it may by order—
(a) direct the person to comply with the requirement, and
(b) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.
(2) An application for an order under this section shall be by motion, and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.
(3) An application for an order under this section may be made whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned and shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.
num: 29
paragraphs: — (1) No action or other proceeding shall lie or be maintained against the Minister, a water services authority or other prescribed person for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused by—
(a) a failure to exercise any power conferred on the Minister, a water services authority or other prescribed person, by or under this Act or any regulations made under it, or
(b) a restriction of the provision of water services in a manner which is reasonable for the performance of any functions under the Act.
(2) Where the Minister, a water services authority or other person prescribed is satisfied that—
(a) an authorised person appointed by the Minister, that water services authority or that other person,
(b) an officer or employee of the Minister, of that water services authority or that other person, or
(c) a member of a committee or consultative group established by the Minister, that water services authority or that other person,
has carried out his or her duties in relation to the performance by the Minister, that water services authority or that other person of his or her or its functions under this Act in good faith—
(i) the Minister,
(ii) the water services authority, or
(iii) that other person,
as the case may be, shall indemnify the authorised person, officer or employee, or member of a committee or consultative group against all actions or claims howsoever arising in respect of the carrying out by him or her of his or her said duties.
num: 30
paragraphs: — (1) It shall be the general duty of the Minister to facilitate the provision of safe and efficient—
(a) water services, and
(b) water services infrastructure,
in accordance with relevant requirements of the Directives specified in section 5 in order to contribute to sustainable social and economic development and for that purpose the Minister shall have overall responsibility for the following:
(i) subject to section 58A (inserted by the Water Services Act 2007) of the Act of 1992, the supervision and monitoring of the performance by water services authorities of their functions under this Act;
(ii) the planning and supervision of investment programmes for the provision of water services; and
(iii) such other functions in relation to water services as may be prescribed.
(2) The Minister may make regulations for the purposes of subsection (1).
(3) When carrying out his or her functions under this Act, the Minister shall have regard to and take full account of:
(a) the principle of recovery of the costs of water services as provided for in Article 9 of the EU Water Framework Directive;
(b) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders made under the Act of 2000;
(c) the National Spatial Strategy 2002 to 2020 published on 28 November 2002, and any revision or replacement of it;
(d) relevant information or advice given, or recommendations or reports made or criteria, procedures or codes of practice specified or published or licences, permits or authorisations granted by the Agency;
(e) relevant waste management plans under the Act of 1996;
(f) relevant water quality management plans made under the Local Government (Water Pollution) Acts 1977 to 2007;
(g) relevant river basin management plans or programmes of measures under the EU Water Framework Directive;
(h) water services strategic plans under section 36 ;
(i) rural water services strategic plans under section 77 ; and
(j) such other plans, strategies, guidelines or any other thing which may be prescribed.
(4) For the purposes of subsection (1), the Minister may—
(a) provide guidance to water services authorities in relation to—
(i) the performance generally by water services authorities of their functions under this Act, including their functions in relation to drinking water quality,
(ii) the preparation, content, or scope of water services strategic plans,
(iii) best practice in the planning, procurement, management or operation of water services infrastructure,
(iv) the management and control of agreements entered into by water services authorities for the design, provision or operation of waterworks or waste water works, or for the provision of water services either jointly or on their behalf,
(b) monitor and compare the performance of water services authorities in carrying out their functions,
(c) publish such reports in relation to the provision of water services generally, including reports on the efficiency and effectiveness of investment in water services, as he or she considers appropriate,
(d) specify standards, or issue guidelines, codes of practice or directions in relation to the provision of water services (including in relation to pricing mechanisms and procurement),
(e) give information or advice to a water services authority, water services authorities generally, or any person in relation to water services, including asset management,
(f) assess reports on tenders submitted by water services authorities, whether above a threshold to be prescribed or at the discretion of the Minister, and grant or refuse approval to water services authorities to award contracts,
(g) develop, arrange for the development of, or monitor programmes, information systems and databases in relation to water services,
(h) provide such general support and assistance to water services authorities in relation to the performance of their functions as he or she considers necessary and feasible,
(i) direct a water services authority in relation to the—
(i) drawing up or implementation of programmes to fulfil targets set out in water services strategic plans,
(ii) acquisition of land for the purposes of its functions under this Act,
(iii) preparation of, or arrangement for the preparation of, designs for specified construction or improvement work,
(iv) preparation and submission of tenders for approval,
(v) entering into contracts for, or undertaking of, specified construction or maintenance works,
(vi) preparation or arrangement for the preparation of a programme of maintenance works,
(vii) procurement of water services infrastructure or the management and control of agreements for the design, provision or operation of waterworks or waste water works, or related matters,
(viii) monitoring or inspection of drinking water, waste water discharges or the operations and management of water services providers, including procedures generally for this purpose, follow-up action where monitoring results indicate a failure to meet specified standards, remedial measures to be taken, provision of public information and advice, and such restriction of services as may be necessary for the protection of human health and the environment,
(ix) format and content of records and reports,
(x) licensing of a water services provider,
(xi) management and operational practice, or
(xii) performance of its functions generally,
and this paragraph shall neither be construed nor operate to enable the Minister to direct the provision of water services to an individual household or person,
(j) examine or inspect, as the case may be, such records, plant, equipment, machinery, works, systems and pipes as he or she considers necessary, and examine and assess the management and operational practices of a water services authority, or a licence holder under this Act, or their agent or partner,
(k) seek information or data from any person whom he or she considers to have such information or data, or
(l) do any other thing which arises out of, or is consequential to, or is necessary or expedient for the purposes of the performance of his or her functions or is ancillary thereto.
(5) Each water services authority shall take such measures as are necessary to comply with a direction issued to it by the Minister.
(6) Any person in possession of information or data sought by the Minister under paragraph (k) of subsection (4) shall furnish it to the Minister on request.
(7) (a) If, during the course of his or her investigations for the purposes of this section, the Minister is satisfied that—
(i) a water services authority, or a person acting on its behalf, is not in compliance with a prescribed performance or quality standard, or its management and operational standards are inadequate, or
(ii) a water services authority or any prescribed person is not performing any of its functions in relation to water services in a satisfactory manner,
then the Minister may issue a notice (in this section referred to as a “compliance notice”) specifying corrective action required to be taken by the water services authority or prescribed person in a specified period. The water services authority or prescribed person shall take the action specified in the compliance notice within the period specified in the compliance notice.
(b) A person who fails to comply with a compliance notice within the specified period, commits an offence.
(8) The Minister may make regulations for the purposes of subsection (7), without prejudice to the generality of which, may provide for public notification and consultation procedures and general requirements in relation to the service of a compliance notice.
(9) (a) The Minister may from time to time—
(i) appoint such and so many committees as he or she thinks proper, and may, subject to retaining overall responsibility and accountability, delegate to such committees any functions under this section which, in his or her opinion, can more conveniently be performed by that committee,
(ii) appoint one or more consultative groups to provide advice in relation to any of his or her functions,
(iii) provide such resources for a committee or consultative group as may be approved by the Minister for Finance, or
(iv) at his or her discretion, dissolve a committee or consultative group, or vary its membership.
(b) A committee or consultative group appointed under paragraph (a) shall consist of such persons as the Minister thinks proper, and may include persons employed, or engaged as consultants or advisers by, the Minister.
(10) A person who fails to comply with a request under subsection (6) commits an offence.
num: 31
paragraphs: — (1) For the purposes of this section “agglomeration” means an area where there is a population or there are economic activities that are sufficiently concentrated in order for—
(a) urban waste water to be collected and conducted to an urban waste water treatment plant or to a final discharge point, or
(b) treated water to be supplied.
(2) Subject to regulations made under subsection (3), a water services authority may provide water services or supervise the provision of water services by other persons, in accordance with any prescribed standards, for domestic and non-domestic requirements in its functional area, taking full account of the following aspects of public policy, namely:
(a) proper planning and sustainable development in its functional area;
(b) protection of human health and the environment;
(c) relevant regulations and other statutory provisions made by the Minister or the Parliament and Council of the European Union;
(d) relevant regulations made by the Minister for Health and Children;
(e) relevant policy directions issued by the Minister under this Act or any other enactment;
(f) guidance provided or direction made by the Agency;
(g) sustainable management of water resources;
(h) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders, as appropriate, made under the Act of 2000;
(i) a water quality management plan or a programme of measures made under the Local Government (Water Pollution) Acts 1977 to 2007 for the area to be covered by the water services strategic plan;
(j) a waste management plan under the Act of 1996;
(k) a river basin management plan or a programme of measures under the EU Water Framework Directive; or
(l) such other criteria, standards or procedures as may be prescribed in relation to matters to which paragraphs (a) to (k) apply or as may be directed by the Minister.
(3) The Minister may make regulations to require water services authorities to provide specified water services to specified classes of agglomerations, areas or consumers and these regulations may include provision for—
(a) provision of collection systems for urban waste water,
(b) provision of waste water treatment facilities for urban waste water entering collection facilities,
(c) provision of water supplies, including water treatment facilities,
(d) specification of levels of treatment to be applied, and
(e) specification of exceptions to the application of the regulations.
(4) A water services authority may not provide water services or supervise the provision of water services if doing so is inconsistent with any of the public policy issues specified in subsection (2)(a) to (l).
(5) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , for the purposes of fulfilling all or any of its functions under subsection (2), a water services authority may make arrangements with another person, including entering into an agreement or arrangement with another person in relation to the provision of water services by another person or jointly with it in part or all of its functional area.
(6) Any plant, works, machinery or pipe provided under any arrangement under subsection (5) will be subject to the same obligations and duty of care by owners or occupiers of premises as if it was provided directly by a water services authority.
(7) The Minister may request a water services authority, whether by itself or jointly with another water services authority to provide a particular class of water services to a particular area, and the water services authority, shall comply with such a request.
(8) Notwithstanding subsection (7), a water services authority may require that the provision of water services to any person (other than in the case of water services provided to a household for domestic purposes) shall be subject to that person entering into an agreement with the water services authority under section 32 (1)(k) in relation to reserving or assigning capacity for the provision of water services to that person.
(9) The obligation on a water services authority to comply with a request from the Minister under subsection (7) shall not apply where the water services in question cannot be provided due to climatic conditions or other circumstances beyond the reasonable control of the water services authority.
(10) A water services authority may provide assistance to any water services provider to facilitate the provision of water services.
(11) A water services authority may provide water services outside of its functional area, and for that purpose shall have all the powers and be subject to the same obligations under this Act, as if the services were provided within its functional area.
(12) (a) Notwithstanding any provision of this or any other enactment, a water services authority shall not enter into any agreement or arrangement with another person, other than with a group water services scheme or another water services authority, for the provision of water services jointly with or on behalf of the authority which—
(i) involves or may involve the transfer of the water services authority’s assets or infrastructure, or any part of such assets or infrastructure, to that person, or
(ii) prohibits the transfer to the water services authority of assets or infrastructure, or any part of such assets or infrastructure, provided by the person as part of such agreement.
(b) In this subsection “group water services scheme” means a scheme which provides a private supply of water, or a private waste water collection, treatment or disposal service, to the members of the scheme by means of a common or shared source of supply, or related distribution or collection network.
(13) Subject to any regulations made under section 79 (2) or (3) a person shall not provide water services in the functional area of a water services authority without the agreement of that water services authority.
(14) A water services authority shall take the necessary measures to ensure that, whether through its own actions or the actions of other persons in accordance with its directions or other obligations under this Act, water intended for human consumption in its functional area meets such requirements relating to quality as may be specified in regulations made under section 32 (2).
(15) A water services authority may prohibit or restrict a supply of water, or direct that such supply be restricted or cease to be provided, for the purpose of protecting human health or the environment, and it is an offence not to comply with such a prohibition, restriction or direction.
(16) Two or more water services authorities may, and shall at the request of the Minister, jointly provide, or arrange for the provision of, water services in all or part of their joint or respective areas.
(17) The Minister may make regulations to provide for—
(a) criteria, procedures and standards, including standards in relation to economy, effectiveness and efficiency in the provision of water services,
(b) environmental protection and environmentally sustainable practices in relation to the provision of water services, and
(c) the avoidance of risk to public health, in relation to the operation, management and supervision of water services by water services authorities or such other person as may be prescribed.
(18) The Minister may issue guidelines to a water services authority for the purpose of the performance of its functions under this Act, and the water services authority shall be obliged to comply with them.
(19) A right to water services, which is provided for under, or may be construed from, this section, or any other section under this Act or any other enactment, whether enacted before or after this Act, shall not apply in relation to a premises which is an unauthorised structure, or the use of which constitutes an unauthorised use, under the Act of 2000.
(20) A person who contravenes a regulation made under subsection (17) commits an offence.
num: 32
paragraphs: — (1) A water services authority may, and shall when directed by the Minister, take all necessary measures to ensure compliance with its obligations under section 31 and for the purposes of carrying out its functions under section 31 , whether within or outside its functional area, including—
(a) the abstraction, impoundment, treatment, purchase or supply of water for drinking or any other purpose, in accordance with relevant provisions of this Act or any other enactment, or regulations made under this or any other enactment,
(b) the provision, operation or maintenance of sewers and waste water collection and treatment facilities, in accordance with relevant provisions of this Act or any other enactment, or regulations made under this or any other enactment,
(c) the construction or maintenance, or arrangement for the construction and maintenance of, waterworks or waste water works,
(d) the undertaking of such work as is necessary to provide such waterworks or waste water works as may be required,
(e) purchasing or obtaining premises or wayleaves,
(f) the installation and maintenance of meters, or otherwise measuring the volume or rate of flow of water supplies or discharges to waste water works,
(g) monitoring the quality of water supplies at any point or points,
(h) monitoring the quality of waste water at any point or points,
(i) treatment, reuse or disposal of by-products arising from the treatment of water or waste water,
(j) without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , entering into an agreement with any person in relation to or for the provision of, whether by that person or jointly with that person, water services in part or all of its functional area or elsewhere as appropriate,
(k) without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , entering into an agreement or arrangement with any person for the provision of water services to that person, including in relation to assigning capacity in a waterworks or reserving capacity in a waste water works for the provision of water services to that person,
(l) authorising, controlling, monitoring or supervising the provision of water services by any other person within its functional area,
(m) carrying out all such surveys, research, analysis, monitoring or undertaking any other action which may be necessary for the purposes of its functions under this section,
(n) the provision of guidance, advice or information to other persons in relation to water services,
(o) entering into such contracts or other arrangements as it considers necessary or expedient for the use, purchase, or lease of any buildings, premises, materials, services, machinery or other apparatus, or
(p) taking waterworks or waste water works provided by other persons in charge.
(2) The Minister may make regulations in relation to the undertaking by a water services authority of any of the functions in subsection (1), or for the provision of water services by an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.
(3) Without prejudice to the generality of subsection (2), regulations under this section may make provision for any or all of the following:
(a) drinking water quality and waste water quality standards, including as the case may be, exemption or derogation from such standards in specified circumstances and subject to specified conditions;
(b) duties of persons providing water services;
(c) specifying the points at which compliance with standards under paragraph (a) will be measured, and limiting the obligations placed on any person by regulations under paragraph (a) in relation to the provision of drinking water to a specified quality standard in cases where non-compliance is as a result of defects in the internal distribution system of a premises, or specified classes of premises;
(d) provision of information or advice for the purpose of protecting human health or the environment;
(e) performance standards for the provision of water services;
(f) operational procedures;
(g) asset management planning;
(h) training requirements for staff;
(i) requirements in relation to the monitoring and supervision of water services to establish compliance with prescribed standards, including frequency of monitoring, monitoring standards and monitoring procedures, additional monitoring in specified circumstances, and, appropriate action where monitoring results indicate a failure to meet specified standards, and such action may include the immediate investigation of the cause of the failure, remedial measures to be taken, the provision of public information and advice, such restriction of services as may be necessary for the protection of human health and the environment, and the timescale for undertaking such action;
(j) standard methods of analysis;
(k) laboratory requirements;
(l) record keeping;
(m) supervision and control of the provision of water services and water services infrastructure;
(n) control of the supply of water;
(o) source protection;
(p) water conservation;
(q) the nature and form of any agreement entered into by a water services authority under subsection (1);
(r) measures to facilitate the provision of water supplies for fire-fighting or other public health and safety purposes including the provision of notices to assist in the location of fire hydrants;
(s) requirements to prevent risk to human health from contamination of water intended for human consumption by substances or materials, or associated impurities, in new installations for the treatment or distribution of water;
(t) requirements to ensure the efficiency or effectiveness of treatment systems or disinfection procedures for water, and to limit any residual effects on the quality of water intended for human consumption to specified limits consistent with ensuring fitness for human consumption without compromising the disinfection;
(u) requirements to ensure the efficiency and effectiveness of treatment systems or disinfection procedures for waste water;
(v) provision of adequate and up-to-date information on the quality of water intended for human consumption;
(w) procedures for dealing with consumer complaints;
(x) measures to protect public health or the environment; or
(y) related and ancillary matters.
(4) Measures taken to implement regulations under subsection (2) shall not have the effect of allowing, directly or indirectly, any—
(a) deterioration in the existing quality of water intended for human consumption, or
(b) increase in pollution of waters used for the production of water intended for human consumption.
(5) It is an offence to contravene a regulation made under subsection (2).
(6) Measures taken in relation to failure to meet prescribed drinking water quality standards shall—
(a) be prioritised having regard, amongst other matters, to the extent to which the relevant parametric values have been exceeded and to the potential danger to human health arising, and
(b) in any event, be taken as soon as possible.
(7) Regulations under subsection (2) which provide for exemption of specified supplies from prescribed drinking water quality standards shall provide to the effect that—
(a) the population concerned shall be informed of the exemption, and of any action that can be taken to protect human health from adverse effects resulting from any contamination of the water supply, and
(b) where a potential danger to human health arising from the quality of a relevant water supply is apparent, the population concerned shall be given appropriate advice promptly,
and such regulations may provide for such measures as may be necessary to give full effect to those requirements.
(8) Regulations under subsection (2) which provide for a derogation from prescribed drinking water quality standards shall provide to the effect that—
(a) the population affected shall be informed promptly in an appropriate manner of the derogation and the conditions which govern it, and
(b) where necessary, advice is given to particular population groups for which a derogation could present a special risk,
and such regulations may provide for such measures as may be necessary to give full effect to those requirements.
(9) In so far as regulations under subsection (2) limit the obligation placed on any person in relation to the provision of water for human consumption which meets specified quality standards, such regulations shall provide that where there is nevertheless non-compliance or a risk of non-compliance with such standards, then—
(a) either—
(i) appropriate measures shall be taken to ensure compliance or reduce or eliminate the risk of non-compliance, including advising premises owners affected of any possible remedial action they could take, or
(ii) other measures shall be taken, including appropriate additional treatment in order to change the nature or properties of the water prior to its supply so as to reduce or eliminate the risk of the water not complying with the specified quality standards,
and
(b) the consumers concerned shall be duly informed and advised of any possible additional remedial action which they should take,
and such regulations may provide for such measures as may be necessary to give full effect to those requirements.
(10) Regulations under subsection (2) may provide for their application to any person who, although not providing water services is nevertheless supplying water for human consumption as part of a commercial or public activity in circumstances where that water is from that person’s own private supply and has not been supplied to him or her in the first instance—
(a) by a water services authority,
(b) by an authorised provider of water services,
(c) by a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, or
(d) in bottles or containers,
and references to “water services” in this section may, where the context permits, include such water supplied for human consumption by such persons.
(11) For the purposes of subsections (7) and (8), and notwithstanding section 19 , the population concerned may also be informed by means of—
(a) an advertisement in a newspaper circulating in the area,
(b) an announcement broadcast on a radio or television channel generally available in the area,
(c) an announcement made available on the internet, or
(d) such other manner as the Minister may direct.
(12) In this section “ derogation ” and “ population ” have the same meaning as they have in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption 14 .
14OJ No. L330/32, 05.12.1998
num: 33
paragraphs: — (1) In respect of any connection by a user to a waterworks or waste water works operated by or on behalf of or jointly with a water services authority, the water services authority may, subject to any regulations made under this section, specify any technical requirements necessary to minimise the risk of leakage or to protect the integrity of the waterworks or waste water works.
(2) The Minister may make regulations for the purposes of subsection (1) specifying technical standards.
(3) A person who fails to comply with a technical requirement specified under this section commits an offence.
num: 34
paragraphs: — The Minister may issue guidelines or codes of practice in relation to the performance of the functions of water services authorities under this Act, or in relation to the provision of water services by any person or in relation to the general duties of other persons to which this Act or regulations under it apply.
num: 35
paragraphs: — (1) Subject to subsection (2), failure on the part of any person to observe any provision of a guideline or a code of practice issued under section 34 shall not of itself render that person liable to any civil or criminal proceedings.
(2) Where in any criminal proceedings a party is alleged to have committed an offence under this Act, being a provision for which there was a guideline or a code of practice at the time of the alleged contravention, subsection (3) shall have effect with respect to that guideline or code of practice in relation to those proceedings.
(3) Any provision of a guideline or code of practice which appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened shall be admissible in evidence; and if it is proved that any act or omission of the defendant alleged to constitute the contravention is a failure to observe such provision of the guideline or code of practice, or if it is proved that any act or omission of the defendant is in compliance with such provision of the guideline or code of practice, then such failure or compliance shall be admissible in evidence.
num: 36
paragraphs: — (1) In this section and in sections 37 and 38 —
“ development plan ” has the same meaning as in section 2 of the Act of 2000;
“ joint plan ” shall be construed in accordance with subsection (4)(a);
“ manager ” has the same meaning as in section 2 of the Act of 2001;
“ prescribed date ” means the date prescribed by the Minister by regulations under subsection (9), on or before which a water services authority is required to make a water services strategic plan;
“ water services strategic plan ” includes, where the context admits, a replacement or revised water services strategic plan, a joint plan, or a sub-plan referred to in subsection (4)(b), and any replacement or revision of such joint plan or sub-plan.
(2) Subject to subsection (4) and any regulations made under this section, each water services authority shall, not later than the prescribed date, make a water services strategic plan with regard to the provision of water services in its functional area.
(3) Subject to subsections (13) and (14), the making, replacement or revision of a water services strategic plan is a reserved function of the members of the authority.
(4) For the purposes of subsection (2)—
(a) two or more water services authorities may jointly make a water services strategic plan in relation to all of their combined functional areas, or parts thereof, and
(b) a water services strategic plan may consist of separate sub-plans for the provision of specified water services in all or part of the functional area of the water services authority, or in the case of a joint plan referred to in paragraph (a), the water services authorities concerned,
and the making, review, revision or replacement of such a joint plan or sub-plan shall be subject to the same procedures as if it was a water services strategic plan referred to in subsection (2).
(5) (a) A water services authority, or in the case of a joint plan under subsection (4), the water services authorities concerned, shall review a water services strategic plan made by it or them from time to time as the occasion may require and at least once in every period of 6 years from the date the plan was made by the authority, or such lesser interval as the Minister may direct and, consequent on such a review, make a replacement plan.
(b) A local authority (whether or not acting as a water services authority) shall not, by resolution, under section 139 or 140 of the Act of 2001 or section 179 of the Act of 2000—
(i) give a direction that works not be proceeded with, or
(ii) require any act, matter or thing to be done or effected,
where the effect of such direction or requirement would be contrary to, or inconsistent with, any provision (including any objective contained therein) of a water services strategic plan made by the water services authority, or would limit or restrict the proper implementation of such a provision and any resolution purporting to be passed under the said section 139, 140 or 179, as the case may be, which contravenes this paragraph is void.
(6) In drafting or reviewing a water services strategic plan, the water services authority or water services authorities concerned shall have regard to the proper planning and sustainable development of its or their functional area or areas and in particular shall have regard to the provisions of—
(a) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders, as appropriate, made under the Act of 2000,
(b) a water quality management plan or a programme of measures made under the Local Government (Water Pollution) Acts 1977 and 1990 for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,
(c) a waste management plan under the Waste Management Acts 1996 to 2003 for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,
(d) a river basin management plan or a programme of measures under the EU Water Framework Directive for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,
(e) such other plans, strategies or guidelines as may be prescribed, and
(f) any other matter as may be directed by the Minister.
(7) A water services strategic plan shall contain such objectives as seem to the water services authority or water services authorities concerned to be reasonable and necessary—
(a) to protect human health and the environment,
(b) to facilitate the provision of sufficient water services for domestic and non-domestic requirements in the area to which the plan relates, and
(c) to support proper planning and sustainable development, including sustainable use of water resources,
and shall specify such measures or arrangements to be taken or entered into by the water services authority or water services authorities concerned, with a view to securing the objectives of the plan.
(8) Without prejudice to the generality of subsection (7), a water services strategic plan shall, subject to such regulations as may be made by the Minister for the purposes of this section, include information on or otherwise have regard to—
(a) drinking water quality,
(b) prevention or abatement of risk to human health or the environment,
(c) current and projected need for water services,
(d) arrangements in place or planned for the provision of water services,
(e) shortfalls in the provision of water services,
(f) water conservation measures in place or planned,
(g) monitoring arrangements, including laboratory facilities,
(h) asset management planning,
(i) income and expenditure, and
(j) any incidental or ancillary matters.
(9) (a) The Minister may make regulations prescribing the manner in which any matter is to be set out or addressed in a water services strategic plan, notification or consultation requirements and procedures or associated time limits, prior to and after its making.
(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may specify different dates for different water services authorities or classes of water services authorities.
(10) (a) To enable further consideration to be given to the making of a water services strategic plan, a water services authority may apply to the Minister for an extension of not more than 3 months after the latest date for the making of a water services strategic plan.
(b) Where an application is made under paragraph (a), the Minister may, based on the reasonable prospect of the authority concerned making a plan by the proposed extended date, grant or refuse the application.
(c) An application under paragraph (a) is a reserved function.
(d) This subsection shall not apply in the case of the making of a revised or replacement plan by the members of a water services authority in accordance with a requirement by the Minister under section 37 (c).
(11) Where a water services authority proposes to make a water services strategic plan which, in the opinion of the manager of the water services authority, would not be appropriate for the reasons stated by him or her, then the manager shall—
(a) inform the members of the water services authority accordingly, giving his or her reasons for forming such opinion, and advise the members that, should the authority proceed to make that plan, the Minister may invoke his or her powers under section 37 (c) to require the authority to revise the plan in such manner as may be specified by the Minister or to replace the plan by a new plan, and
(b) inform the members of the right of the authority to apply to the Minister for an extension under subsection (10) of the prescribed date.
(12) Where it appears to the manager of a water services authority that it is likely that the members of the authority may fail to make a plan by the prescribed date, the prescribed date as extended or the date specified in a requirement by the Minister under section 37 (c), as the case may be, then the manager shall—
(a) advise the members of the authority that if the authority fails to make a plan by—
(i) the prescribed date,
(ii) the prescribed date as extended, or
(iii) the date specified in a requirement by the Minister under section 37 (c),
as the case may be, the members’ functions under this section in relation to the making of the plan will be deemed to have been transferred to the manager in accordance with subsection (13), and
(b) where paragraph (a)(i) applies, inform the members of the right of the authority to apply to the Minister for an extension of the prescribed date under subsection (10).
(13) Subject to subsection (12), where a water services authority—
(a) fails to make a water services strategic plan by the latest date for the making of the plan or the date specified by the Minister under paragraph (c) of section 37 in accordance with the requirements of the Minister under that paragraph, as the case may be, or
(b) having applied to the Minister for an extension of the latest date for the making of the water services plan concerned in accordance with subsection (10), and
(i) the application having been refused, a plan is not made by that date, or
(ii) the application having been granted, the authority fails to make a plan by that date, as so extended,
then the functions of the members of the authority under this section shall be deemed to be transferred to the manager of the authority who shall, by order, approve the making of a plan subject to any modifications which he or she considers appropriate and, where section 37 (c) applies, in accordance with any requirement specified by the Minister under that section.
(14) Without prejudice to subsection (13), the making of a revised or replacement plan by a water services authority in accordance with a requirement by the Minister under section 37 (c) shall—
(a) where the plan was made by the members of the authority in the first instance, be a reserved function of the members of the authority, and
(b) where the plan was not so made, be a function of the manager of the authority.
(15) (a) Notwithstanding any other provision of this Act, where subsection (13) applies, the manager shall make the plan.
(b) In making the plan, the manager shall, subject to such requirements (if any) of the Minister under section 37 (c), include as part of the plan such provisions (if any) as have been agreed by the members of the authority which are consistent with the plan.
(16) Section 140 of the Act of 2001 shall not apply to the exercise by the manager of a water services authority of his or her functions under subsection (13) and any resolution purporting to be passed under the said section 140 in relation to the performance by the manager of his or her functions under subsection (13) which contravenes this subsection is void.
(17) A water services strategic plan made under this section comes into force—
(a) in the case of a plan other than a joint plan—
(i) upon the passing of a resolution approving the plan by the members of the authority concerned, or
(ii) in a case to which subsection (13) relates, on the date of the order of the manager approving the making of the plan,
or,
(b) in the case of a joint plan—
(i) where resolutions approving the joint plan have been passed by the members of each water services authority, when the last such resolution is passed by the members of a water services authority concerned, or
(ii) where one or more of the water services authorities have failed to approve the making of the joint plan and the functions under this section of all of the water services authorities concerned with the making of the plan are transferred to their respective managers, when the last order approving the making of the plan has been made by the manager concerned.
(18) Nothing in this Act shall entitle a water services authority to discontinue providing water services which it provided before the commencement of this section, save as may be provided in a relevant water services strategic plan made by the authority.
(19) (a) The development plan in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in any water services strategic plan in force in relation to that area or any part of that area.
(b) In the event of there being a conflict between an objective deemed to be included in a development plan by virtue of paragraph (a) (the “first-mentioned objective”) and an objective otherwise included in the development plan (the “second-mentioned objective”), the first-mentioned objective shall override the second-mentioned objective, irrespective of whether or not the development plan is subsequent to the water services strategic plan referred to in that paragraph, and the first-mentioned objective shall be deemed to be an integral part of the development plan.
(20) An application for permission under Part III of the Planning and Development Act 2000 shall not be refused by a planning authority or the Board solely on the ground that the development to which the application relates is not specifically referred to in the water services strategic plan in force in relation to the functional area of the planning authority if the planning authority or the Board, as the case may be, considers the development will facilitate the achievement of the objectives of that water services strategic plan.
(21) In considering a proposed development under section 179 of the Act of 2000 a local authority shall not decide that the development should not be proceeded with solely on the grounds that the said development is not specifically referred to in the water services strategic plan in force in relation to the functional area of the authority if the authority considers the development will facilitate the achievement of the objectives of that water services strategic plan.
num: 37
paragraphs: — The Minister, after consultation with the relevant water services authorities concerned, may—
(a) require 2 or more water services authorities to make a joint water services strategic plan under section 36 in respect of all or a specified part of their functional areas,
(b) require that the making of a water services strategic plan under section 36 by 2 or more water services authorities be co-ordinated in such manner in relation to such matters as the Minister may specify, and
(c) for stated reasons, require a water services authority or, as the case may be, 2 or more water services authorities, to revise (whether by addition or deletion) a water services strategic plan made by the authority or authorities concerned, or to replace the plan by a new water services strategic plan, by such date and in such a manner as the Minister may specify, which shall be not less than 3 months from the date of the issue of the requirement by the Minister,
and the water services authority or authorities concerned shall comply with any such requirement of the Minister.
num: 38
paragraphs: — (1) As soon as may be after a water services strategic plan has come into force, the water services authority concerned, or in the case of a joint plan, such water services authority as has been agreed by the relevant water services authorities, shall—
(a) transmit a copy of it to the Minister and to such persons as may be prescribed, in the prescribed manner, and
(b) publish, in the prescribed manner, notification of the making of the plan.
(2) A water services authority shall take such steps, including carrying out necessary works, as are appropriate and practicable to attain, in relation to its functional area, the objectives and provisions set out in a water services strategic plan in which it is concerned, which has been made by the authority.
(3) (a) A water services authority shall furnish to a person, on request and, if the authority so requires, on payment to it by the person of such reasonable fee as it may charge, a copy of, or extract from, the plan, within a period of 21 days of receipt by the authority of such request, or of payment of such fee as the authority may charge, whichever shall be the later.
(b) A document purporting to be a copy of a plan, or to be an extract from a plan, and to be certified under this subsection by an officer of a water services authority which made the plan as a true copy, shall be prima facie evidence of the plan or extract, as the case may be, and it shall not be necessary to prove the signature of such officer or that he or she was in fact an officer of the water services authority concerned.
(c) Evidence of a plan or of an extract from such plan may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.
num: 39
paragraphs: — All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.
num: 40
paragraphs: — (1) Two or more water services authorities may enter into an agreement or arrangement for the purpose of jointly, or of one or more of them as the case may be, carrying out any or all of their functions under this Act, in any or all of their respective areas or any part of them, or in the functional area or areas of another water services authority or authorities, or any part of them.
(2) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , two or more water services authorities may jointly enter into an agreement or arrangement with any person for the provision, whether jointly with or on behalf of one or more of them, of water services in all or part of their respective functional areas.
(3) Whenever it appears to the Minister that an agreement or arrangement under subsection (1) or (2) should be made by water services authorities for the purpose of carrying out any or all of their functions, he or she may direct them to enter into an agreement or arrangement, and they shall comply with such direction.
(4) A direction under subsection (3) shall only be made by the Minister after giving each water services authority concerned an opportunity to make representations to him or her and after considering any representations so made.
(5) The Minister may direct that any agreement entered into under this section contains such terms and conditions as he or she may specify and the authorities concerned shall comply with any such direction.
(6) An agreement or arrangement entered into under subsection (3) shall not be revoked except with the approval of the Minister.
(7) Whenever a water services authority enters into an agreement or arrangement with another water services authority or another person under subsection (1) or (2) or section 32 (1)(j) for the provision of water services on its behalf, the first-mentioned water services authority shall, notwithstanding the agreement or arrangement, continue to be responsible for the compliance of those services with the requirements of this Act.
(8) Subsection (7) shall not be construed so as to nullify or otherwise affect the application of any provision in an agreement or arrangement under subsection (1) or (2) or section 32 (1)(j) in relation to public or civil liability arising from the provision of water services under that agreement or arrangement.
num: 41
paragraphs: — (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;
“ road authority ” means—
(a) in the case of a national road, the National Roads Authority, and
num: 42
paragraphs: — (1) Where—
(a) a water services authority has provided, arranged for the provision of or taken in charge a waste water works, and
(b) in the opinion of the authority, any premises in the functional area of the authority—
(i) is not drained in a satisfactory manner, or
(ii) constitutes, or is likely to constitute, a risk to human health or the environment, and
(iii) is capable of being served by means of a service connection of a reasonable length to the waste water works,
the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waste water works.
(2) Where—
(a) a water services authority has provided, arranged for the provision of or taken in charge a waterworks, and
(b) in the opinion of the authority, any premises in the functional area of the authority is—
(i) not provided with a satisfactory supply of water, and
(ii) capable of being served by means of a service connection of a reasonable length to the waterworks,
the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waterworks.
(3) A notice under this section shall specify separately any portion of the works required thereby which is to be executed under subsection (11) of this section by the water services authority, or under its supervision.
(4) (a) Subsection (1) and (2) shall also apply where a water services authority has authorised or entered into an agreement with another person, or where an authorised provider of water services has entered into such an agreement for the provision of the waterworks or waste water works in question, provided that the agreement of that person to the additional connection is, unless otherwise provided for in any aforementioned agreement, also obtained by the water services authority.
(b) Where paragraph (a) applies, the water services authority may also require the owner of the premises concerned to take a supply of water through a meter or other instrument provided for measuring the supply of water to that premises or to discharge water through a waste water discharge meter in accordance with Part 5 .
(5) The person on whom a notice under this section has been served may, within one month from the date of the service of the notice on him or her, appeal against the terms of notice to the District Court and a decision from the District Court under this subsection shall be final, save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law.
(6) Notice of appeal under this section shall be given to the water services authority, and that authority shall be entitled to appear and be heard on the hearing of the appeal.
(7) On the hearing of an appeal under this section the District Court may—
(a) confirm the notice unconditionally,
(b) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or
(c) annul the notice.
(8) 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, when the appeal is withdrawn or determined.
(9) (a) Subject to the provisions of this subsection, where a notice under this section has been served on the person who was, when the notice was served on him or her, the owner of the premises to which the notice relates and within the period specified in the notice, or within such extended period as the water services authority may allow, the works required by the notice have not been begun or, if begun, have not been completed, that person commits an offence.
(b) If a person against whom proceedings are brought under this subsection has at some time before the end of the said period specified in the notice for compliance therewith (or of such extended period as the water services authority may allow for such compliance) ceased to be the owner of the premises, he or she shall, upon complaint duly made by him or her and on giving to the prosecution not less than 3 clear days’ notice of his or her intention, be entitled to have the person who then became the owner of the premises brought before the Court in the proceedings.
(c) If, after it has been proved that the works required by the notice have not been begun or completed as aforesaid, the original defendant proves that the failure was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he or she took all reasonable steps to secure compliance with the notice, he or she shall be acquitted of the offence.
(d) In paragraph (a) and (c) of this subsection, the reference to the works required by the notice shall, in a case in which the relevant notice specifies separately any portion of the works required thereby which is to be executed under subsection (11) by the water services authority, be construed as referring to so much of the works required by that notice as is not so specified.
(e) For the purposes of this subsection, a person who, apart from this paragraph, would be the owner of a premises by reason of receiving rent shall, if he or she receives the rent as agent for another person, be regarded as not being such owner.
(10) If, on a complaint made by the owner of any premises, it appears to the District Court that a person having an interest in the premises, other than the owner of the premises, prevents the owner from executing works required to be executed by a notice under this section, the Court may order the person to permit the execution of those works.
(11) (a) Where a notice under this section requires the execution of works which include the installation of a pipe passing through land of which the owner is not the owner of the premises to which the notice relates, the water services authority which served the notice shall itself install, or arrange for the installation of, so much of the pipe as lies within that land and may recover the costs involved from the person to whom the notice is addressed.
(b) For the purpose of installing a pipe under this subsection or subsection (12), a water services authority shall have the powers and duties specified in section 41 and, where appropriate, Part 7 or 8 , and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under those provisions.
(12) Without prejudice to section 92 , where works to facilitate drainage of a premises in accordance with a notice under section 92 (2), or to connect a premises to a waterworks or waste water works require the installation of a pipe passing through another premises which is not owned by or under the control of the owner of the premises to be drained or connected, a water services authority may, on request of the owner of the premises to be drained or connected, itself install or connect, or arrange for the installation or connection of, so much of the pipe or related accessories as lie within that premises, and may recover the costs involved from the owner of the premises to be drained or connected.
(13) Responsibility for the subsequent maintenance and renewal of any pipe installed under the powers provided in subsection (11) or (12) shall lie in the first instance with the person on whose behalf the work is carried out, and his or her successors in title, but a water services authority may, at its absolute discretion, take any such pipe in charge in accordance with section 43 (12).
num: 43
paragraphs: — (1) In this section—
“ connection ” means a drain, a distribution system or a service connection and includes part of such drain, distribution system or service connection;
“ public road ” and “ road authority ” have the same meanings respectively as in section 41 .
(2) A water services authority may, at its absolute discretion, subject to such conditions as it may decide, provide, repair or replace, or contribute to the cost of providing, repairing or replacing a connection.
(3) Subject to subsection (4), a person who owns or controls a connection, or in whom it is vested, or who has taken it in charge, shall be responsible for its maintenance and renewal, and shall ensure that it is kept in good order and repair, so as to—
(a) prevent a risk to human health or the environment,
(b) facilitate the reasonable conservation of water and the proper and effective management of water services, and
(c) prevent the infiltration or exfiltration of water or waste water.
(4) Where a person cannot be identified for the purposes of subsection (3), responsibility under that subsection shall lie with the owner or owners of any premises using the connection, in direct proportion to the level of use of the connection to supply water to or convey waste water from the premises or respective premises, as the case may be.
(5) A water services authority may enter any relevant land and carry out all necessary investigations or works for the purposes of providing, ascertaining the condition of or taking in charge, a connection, or for the purposes of subsection (6).
(6) If, in the opinion of a water services authority, a connection is so defective, foul or neglected as to present a risk to human health, the environment, the reasonable conservation of water or the proper and effective management of water services, or, to permit the infiltration or exfiltration of water or waste water, the water services authority may, at its absolute discretion—
(a) direct by notice the person or persons responsible for its maintenance or renewal to carry out such works as it considers necessary, or
(b) carry out in the first instance, or in the event of failure to comply with a notice under paragraph (a), such works as it considers necessary, and recover the cost of such works from the person or persons responsible for maintenance or renewal of the connection.
(7) If a connection is found on investigation not to be so defective, foul or neglected as to present a risk to human health, the environment, the reasonable conservation of water or the proper and effective management of water services, or, to permit the infiltration or exfiltration of water or waste water, the water services authority which carried out the investigation shall cause such connection to be restored and any opening or excavation made in the course of the investigation to be closed or filled up and any damage done to be made good.
(8) Where—
(a) a person wishes to install a connection, or
(b) a person responsible for the maintenance or renewal of a connection wishes, or has been directed under subsection (6)(a), either by himself or herself or by arrangement with a third party to undertake maintenance or renewal works on a connection,
which runs, or is intended to run through, across, under, over or along any public road or place intended for a public road, then he or she may do so, subject to the consent of the road authority in whose functional area the road is situated.
(9) A road authority may attach conditions to the granting of any consent under subsection (8) as if the person concerned was a person to whom section 41 (3) applies, which shall be binding on that person or his or her agents as the case may be.
(10) For the purposes of providing any pipe under this section a water services authority shall have the powers mentioned in section 41 .
(11) The Minister may make regulations in relation to notices under subsection (6)(a), and without prejudice to the generality of such regulations, they may include provisions in relation to—
(a) the action to be carried out under a notice,
(b) the time limit by which action directed to be carried out under a notice must be completed,
(c) the quality of materials and workmanship to be employed in any remedial action under a notice,
(d) powers of entry and investigation by authorised persons, and
(e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with, or enforcement of, a notice.
(12) A water services authority may, at its discretion and subject to such conditions as it may decide, take in charge a connection, which shall thereafter come under the sole control and responsibility of the water services authority.
(13) (a) Without prejudice to section 180 of the Act of 2000, where a water services authority proposes to take in charge a connection under subsection (12), then it shall by notice inform any person who owns or controls the connection, of its intention to take it in charge, and where the identity of that person cannot be ascertained by reasonable enquiry, a notice for the purposes of this subsection may issue in accordance with section 19 (5).
(b) Where, for the purposes of paragraph (a), the identity of the person or persons who owns or controls a connection cannot be ascertained after reasonable enquiry, then the water services authority shall also by notice inform any person who is responsible, in accordance with subsection (4), for the maintenance or renewal of that connection, and notwithstanding section 19 such notice may be issued by publication in a newspaper circulating in the area where the connection is located.
(14) A notice under subsection (13) may be appealed in accordance with section 92 (8) by the person to whom it is addressed as if it was a notice issued under section 92 (2), and shall be enforceable as if it was issued under that section.
(15) A person to whom a notice under subsection (13) is addressed shall, unless he or she waives that right, be entitled to reimbursement, from the water services authority which issued the notice, for the costs of the materials and labour expended by him or her in providing the connection, together with any additional compensation arising from a reduction in the value of his or her interest in the connection concerned.
(16) Where a dispute arises between a person to whom a notice under subsection (13) is addressed and the water services authority which issued it, then the matter may be referred by either of them to arbitration as if it was a referral for arbitration under section 92 (15) but only to the extent that it relates to reimbursement or compensation under subsection (15) of this section.
(17) A person who—
(a) damages a connection, or
(b) fails to comply with a notice under subsection (6)(a),
commits an offence.
num: 44
paragraphs: — (1) Where any premises in the functional area of a water services authority is connected to a water supply or sewer which is either the property of a water services authority or an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, by means of a service connection passing through land, the owner of which is not the owner of the premises, the water services authority of that area may—
(a) on the request of the owner of the premises, carry out on such land, any necessary repair or renewal of such service connection,
(b) after 7 days’ notice in writing to the owner of such land or in case of emergency without notice enter on such land and do all things reasonably necessary for the purpose of the repair or renewal.
(2) Any expenses incurred by a water services authority under this section at the request of the owner of a premises may be recovered from that person by the authority.
num: 45
paragraphs: — A person who causes any damage to a water main, distribution system, sewer, drain, service connection or their accessories used for the purpose of providing water services belonging to or in the charge of a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, commits an offence.
num: 46
paragraphs: — No provision in this Act shall be construed as relieving a water services authority of any obligation under another enactment, including enactments brought into operation after the commencement of this section, to consult with or obtain the agreement of another public authority with an interest in any premises affected before undertaking works in relation to any of its functions under this Act.
num: 47
paragraphs: — (1) Each water services authority, the Minister or other person prescribed shall—
(a) carry out, or cause to be carried out, such monitoring or inspection of water services operations as it, he or she considers to be necessary for the performance of their functions under this Act, and
(b) keep and maintain or cause to be kept and maintained, such records of any monitoring or inspections carried out under paragraph (a) as it, he or she considers reasonable and necessary.
(2) Where it appears necessary to do so for any purpose of this Act, a water services authority, the Minister or other person prescribed may require any person who is in control of a water service—
(a) to carry out or arrange to have carried out such monitoring, at such frequency (including continuous monitoring by electronic means or otherwise) in relation to the activity concerned as it, he or she may specify,
(b) to keep and to supply to the water services authority, the Minister or other person prescribed such records of said monitoring or inspection as it, he or she may specify, or
(c) to provide meters, gauges, manholes or inspection chambers or any other apparatus for the purposes of this section.
(3) Each water services authority or other person prescribed shall, if so requested by the Minister, supply to the Minister or to any person specified by the Minister, at such intervals and in such manner as the Minister may require, records of any monitoring or inspection carried out under this section that are in its, his or her possession or control.
(4) Each water services authority, the Minister or other prescribed person, shall carry out or take or cause to be carried out or taken such monitoring or other measures as it, he or she considers necessary to verify that any monitoring, or records of such monitoring, required under subsection (2) are being properly carried out or retained, as the case may be.
(5) Without prejudice to any other provision of this Act, the Minister may make regulations requiring the making of payments by any person for the purpose of defraying costs which may be incurred by a water services authority, the Minister or other prescribed person in carrying out any monitoring or inspection or taking other measures under this section in relation to the activities of that person.
(6) A payment which is required under regulations under this section, shall be payable on demand by the person concerned.
num: 48
paragraphs: — The Minister may, having consulted with any Minister of the Government that he or she considers ought to be consulted having regard to their functions, make regulations requiring water services authorities or other persons prescribed, to consult with such other persons and in such manner in relation to the exercise of such powers and duties under this Act as may be prescribed.
num: 49
paragraphs: — (1) A water services authority shall provide a record, in the form of a map or other diagrammatic or electronic representation, of the location and extent of service connections, waterworks and waste water works in its functional area, whether they are the property of the water services authority or the property of any other person, who shall provide the information necessary for this purpose, and for the purpose of subsection (2), to the water services authority.
(2) A water services authority shall, within 6 weeks of a service connection, waterworks or waste water works in its functional area being provided, altered or added to, bring the record provided under subsection(1) up to date.
(3) The record provided under subsection (1) shall be available for inspection at the principal office of the water services authority during normal business hours.
(4) The Minister may make regulations specifying the details to be recorded in records to be kept under subsection (1).
(5) For the purposes of subsection (1) or (2), a water services authority may by notice require a person who owns or is otherwise in charge of a service connection, waterworks or waste water works to which this section refers to keep such records or to provide to it such particulars as it may specify in relation to that service connection, waterworks or waste water works, within such time as may be specified in the notice.
(6) A person who contravenes the requirement under subsection (1) to provide information to a water services authority, or who fails to comply with a notice under subsection (5), commits an offence.
num: 50
paragraphs: — (1) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , a water services authority, subject to any conditions of a related planning permission under the Act of 2000, may enter into an agreement.
(2) Subject to subsection (3), the agreement referred to in subsection (1) is an agreement with any person proposing to construct any waterworks or waste water works, or any part of a waterworks or waste water works, in its functional area for the purpose of that waterworks or waste water works, or part of it being constructed by that person in accordance with the agreement.
(3) The agreement referred to in subsection (1) shall be entered into with a view to the water services authority, upon its completion and at a specified date, declaring by order the waterworks or waste water works, or such part of the waterworks or waste water works covered by the agreement, to be vested in the water services authority.
num: 51
paragraphs: — (1) In this section “ an authority ” means a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.
(2) An authority may temporarily interrupt service from a waterworks or a waste water works—
(a) for the purposes of executing any necessary works,
(b) in an emergency, including where an immediate risk to human health or the environment exists, or
(c) in such other circumstances as may be prescribed.
(3) An interruption of service under this Act, other than an interruption of service made in circumstances provided for in subsection (2)(b), shall only be effected after the user or users concerned have been given reasonable notice.
(4) In the case of an interruption of service made under subsection (2) an authority shall, subject to any agreement in force under section 32 (1)(k)—
(a) ensure the restoration of the service as soon as possible, and
(b) arrange for the provision to the user or users concerned of an appropriate alternative supply of drinking water for domestic purposes where the service interruption exceeds 24 hours.
(5) Notwithstanding section 19 , a notice under subsection (3) shall be deemed to have been served on all users concerned if it is—
num: 52
paragraphs: — (1) Where a sum is due to a County Council or a City Council, acting as a water services authority, the water services authority, or any other person acting jointly with it or on its behalf, may recover the sum, and any expenses incurred in its recovery by the water services authority, or any other person acting jointly with it or on its behalf, as a simple contract debt in a court of competent jurisdiction.
(2) Where the sum referred to in subsection (1) is recoverable from the owner of a premises by a County Council or City Council acting as a water services authority any outstanding amount of the sum and any expenses incurred by the water services authority, or any other person acting jointly with it or on its behalf, in its recovery may be made a charge on the premises.
(3) A County Council or a City Council acting as a water services authority to whom money is due under this Act may as an alternative to recovering the sum as a contract debt or making a charge on a premises offset the sum due against any grant or other payment due by the County Council or City Council in any capacity to the person concerned.
(4) The Minister may make regulations for the administrative procedures to be followed for the purposes of this section.
(5) Without prejudice to the generality of subsection (4), regulations under this section may include provision for—
(a) the issue of notices,
(b) notice periods, or
(c) any matter consequential on, or incidental to, the foregoing.
(6) The Minister may prescribe another person to which the power under subsection (1), (2) or (3) to recover costs shall apply in relation to the recovery of sums due to them.
num: 53
paragraphs: — (1) A person who—
(a) makes or causes or permits a connection to be made to a water supply provided by a water services authority, otherwise than with the agreement of the relevant water services authority and in compliance with any conditions attaching to that agreement, or
(b) dishonestly uses, or causes to be diverted for dishonest use, or permits the dishonest use of any water supplied by a water services authority, or
(c) wilfully wastes or permits wastage of any water supplied by a water services authority to a material extent,
commits an offence.
(2) For the purposes of subsection (1) an act is done by a person dishonestly if the person does the act without claim of legal right.
(3) In this section “water services authority” includes also an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.
num: 54
paragraphs: — (1) The owner of a premises shall ensure that the internal distribution system of the premises is sufficient for, and maintained in such condition, as to ensure that water intended for human consumption meets prescribed quality requirements at the tap or taps used for such purposes.
(2) The owner of a premises shall ensure that the distribution system of the premises, and all taps connected to it are maintained in such condition as to ensure that water does not leak from the distribution system or any taps connected to it, and shall be responsible for its repair and renewal, save in the circumstances provided for in subsection (4).
(3) A water services authority may, and shall on request from an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services in relation to a matter affecting a waterworks under his or her control, by notice direct the owner of a premises to undertake such remedial action as may be specified in the notice, for the purpose of his or her compliance with subsection (1) or (2).
(4) A water services authority may—
(a) in lieu of issuing a notice under subsection (3), or
(b) in the event of failure by a person to whom a notice has been served under subsection (3), to comply with that notice,
execute such works as it considers necessary in the first instance, for the purpose of facilitating compliance with subsection (1) or (2), and may recover the costs of such works, or the costs of any investigations or enforcement undertaken by it for the purposes of this section, from the owner of a relevant premises.
(5) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, such regulations may include provisions in relation to—
(a) the action to be carried out under a notice under subsection (3),
(b) the time limit by which action directed to be carried out under a notice must be completed,
(c) the quality of materials and workmanship to be employed in any remedial action under a notice issued under subsection (3),
(d) powers of entry and investigation by authorised persons,
(e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with subsection (1) or (2) or enforcement of a notice issued under subsection (3),
(f) work standards and specifications for materials and fittings to be used in connection with work to which this section applies, or
(g) any incidental and ancillary matters.
(6) A person who—
(a) contravenes subsection (1) or (2),
(b) fails to comply with a notice under subsection (3), or
(c) contravenes a regulation made under this section,
commits an offence.
num: 55
paragraphs: — (1) (a) A person who—
(i) causes or permits the connection of a premises to a water supply of a water services provider, either directly or indirectly, or
(ii) otherwise takes such a supply,
without the agreement of the water services provider, commits an offence.
(b) For the purposes of paragraph (a), and without prejudice to subsection (5), the agreement of a water services authority under this subsection may be made the subject of such conditions as the water services authority may specify.
num: 56
paragraphs: — (1) For the purposes of conserving water, where an authorised person has reason to believe that the management, consumption or other use of water on a premises allows water to be wasted or fails to prevent water from being wasted or consumed in excessive amounts, he or she may by notice direct the owner or occupier of the premises to take such corrective action (including installation, repair or replacement of specified pipes, valves or meters and other accessories, or change in operating practice in relation to the management or use of water) as the authorised person considers necessary.
(2) An authorised person may by notice direct the owner or occupier of a premises to limit consumption of water supplied by a water services authority to the premises to such rate or quantity as may be specified in the notice.
(3) Where an authorised person is of the opinion that an immediate risk to human health or the environment or to the integrity of a water service necessitates a reduction in consumption of water supplied, he or she may issue a notice (in this section referred to as an “emergency notice”), having immediate effect, directing the owner or occupier of a premises to limit consumption of water supplied by a water services authority to the premises to such rate or quantity as may be specified in the notice.
(4) A person who fails to comply with a notice under subsection (1), (2) or (3) commits an offence.
(5) A notice under subsection (1) or (2) or an emergency notice under subsection (3) may issue to such owners or occupiers of a premises, such classes of owners or occupiers of such classes of premises as the case may be, as the authorised person considers necessary for the purposes of this section.
(6) An emergency notice under subsection (3) may, notwithstanding section 19 , also be issued by—
(a) advertisement in a newspaper circulating in the area concerned,
(b) broadcast on a radio or television channel generally available in the area, or
(c) such other means as the Minister may direct.
(7) A person to whom a notice under subsection (1) or (2) applies may, within one month from the date of the notice, appeal to the District Court in relation to the notice, or any condition of the notice.
(8) On the hearing of any appeal under subsection (7), the District Court may make an order upholding the notice or giving such directions to the water services authority concerned as the Court thinks proper in relation to the notice, including its amendment or withdrawal.
(9) A notice under subsection (1) or (2) shall become enforceable—
(a) in case an objection is not made against it, upon the expiration of one month from the date of the notice,
(b) in case an appeal is brought against it and the determination of the appeal does not set the notice aside, upon and in accordance with such determination, or
(c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal or on expiration of one month from the date of the notice, whichever is the later.
(10) An emergency notice under subsection (3) shall become enforceable on the date for compliance specified in the notice.
(11) (a) Where there is a failure to comply with a notice under subsection (1) or (2) or an emergency notice under subsection (3) the authorised person who issued such a notice may, on the issue of a further notice to the owner or occupier of a premises, restrict or cut off the supply of water to some or all of the premises referred to in the notice until he or she is satisfied that the notice under subsection (1) or (2) or the emergency notice under subsection (3) has been complied with.
(b) Paragraph (a) applies—
(i) in addition to and not in substitution for other penalties or provisions applying to non-compliance with a notice under subsection (1) or (2) or an emergency notice under subsection (3),
(ii) without prejudice to any other of the functions of the authorised person, and
(iii) at the discretion of the authorised person.
(12) Liability shall not accrue to a water services authority arising from any consequence of the restriction or cutting off of a supply of water in accordance with subsection (11).
(13) The Minister may make regulations for any of the following purposes, namely:
(a) the form and method of serving of a notice or emergency notice;
(b) the duration of a notice or emergency notice;
(c) review of an emergency notice;
(d) the action to be carried out under a notice or emergency notice;
(e) the time limit by which action directed to be carried out under a notice or emergency notice must be completed;
(f) the minimum period of notice and other procedures to be followed before a water supply is restricted or cut off;
(g) the quality of materials and workmanship to be employed in any remedial action under a notice;
(h) the prevention of waste, undue consumption, misuse or contamination of water; or
(i) such incidental provisions as are necessary to ensure the effective application of this section.
(14) The Minister may make regulations for the purposes of water conservation and, without prejudice to the generality of the foregoing, such regulations may provide for 1 or more of the following:
(a) the specification of devices or systems to reduce demand for water in premises, and of obligations in relation to the design, installation or use of such devices or systems;
(b) the specification of obligations or technical requirements in relation to—
(i) the design, installation and use of devices or systems for collection, treatment or distribution of storm water or grey water,
(ii) the introduction of storm water or grey water into the distribution system of premises,
(iii) the redistribution of storm water or grey water for use for purposes other than human consumption;
(c) the specification of treatment standards for storm water or grey water, including different standards for different applications;
(d) the duties of owners or occupiers of premises in relation to conservation of water or waste water in the premises;
(e) the duties of water services providers in relation to conservation of water or waste water.
(15) (a) A person who contravenes a regulation under subsection (13) which is stated to be a penal regulation commits an offence.
(b) A person who contravenes a regulation under subsection (14) commits an offence.
(16) Where a water services authority is of the opinion that a serious deficiency of water available for distribution exists or is likely to exist in all or part of its functional area, either by itself or by another provider of water services, then it may by order, for a specified period, prohibit or restrict such class or classes of use, including use at specified times of the day, of any water supplied by it or the other provider of water services. Without prejudice to the generality of the foregoing, an order under this subsection may so prohibit or restrict the use of water—
(a) drawn through a hosepipe or similar apparatus for the purpose of—
(i) watering a garden,
(ii) watering recreational parks or sports grounds, either generally or any particular type of such park or ground,
(iii) irrigating or spraying crops, either generally or any particular type of crop, or
(iv) washing a mechanically propelled vehicle or a trailer,
(b) used for the provision of a commercial washing service for a vehicle or trailer, or
(c) used for filling or replenishing a swimming pool, artificial pond, lake or similar application.
(17) Before making an order under subsection (16) the relevant water services authority shall give public notice of its intention to make such order and the period for which the order will remain in force by—
(a) causing an advertisement to be published in a newspaper circulating in the area,
(b) causing notification of the proposed order to be broadcast on a radio or television channel available in the area, or
(c) such other means as the Minister may direct.
(18) A person who contravenes an order under subsection (16) commits an offence.
(19) An authorised person or a member of the Garda SÃ­ochÃ¡na who has reasonable grounds for believing that a person is committing or has committed an offence under subsection (18), may request that person to furnish his or her name and address to such authorised person or member.
(20) A person who, when requested to furnish his or her name or address to an authorised person or member of the Garda SÃ­ochÃ¡na under subsection (19), fails to do so, or when so requested furnishes a name and address which is false or misleading commits an offence.
(21) Where a member of the Garda SÃ­ochÃ¡na is of the opinion that an offence under subsection (20) is being or has been committed, then the member may arrest that person without warrant.
(22) Where an authorised person or a member of the Garda SÃ­ochÃ¡na has reasonable grounds for believing that a person is committing or has committed an offence under subsection (18), he or she may give to such person a notice in the prescribed form stating that—
(a) the person is alleged to have committed the offence,
(b) the person may during the period of 21 days beginning on the date of the notice make to the water services authority specified in the notice a payment, accompanied by the notice, of an amount, being a fixed amount of €125, and
(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.
(23) Where a notice is given under subsection (22), then—
(a) a person to whom the notice applies may, during the period specified in the notice, make to the water services authority specified in the notice the payment specified in the notice, accompanied by the notice,
(b) the water services authority shall receive the payment and issue a receipt for it and may retain the money so paid to offset costs incurred by it in the course of performing its functions under this Act, and no payment so received shall in any circumstances be recoverable by the person who made it, and
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.
(24) In a prosecution of an offence referred to in subsection (18), the onus of showing that a payment pursuant to a notice under subsection (22) has been made shall lie with the accused.
(25) In this section—
“ grey water ” means domestic waste water excluding that which is flushed from a toilet bowl or urinal;
“ water services authority ”, other than in subsections (16), (17) and (23), includes—
(a) an authorised provider of water services, and
(b) a person providing water services jointly with or on behalf of—
(i) a water services authority, or
(ii) an authorised provider of water services.
num: 57
paragraphs: — A person who causes or permits water in any waterworks or service connection to become polluted commits an offence.
num: 58
paragraphs: — (1) A water services authority may, for the purposes of analysis, take samples from—
(a) any water supply, whether public or private, serving any part of its functional area, and
(b) a water supply referred to in section 32 (10).
(2) Where, on analysis of samples of water taken by a water services authority, it is found that the water constitutes a potential danger to human health, the water services authority shall, as soon as possible—
(a) ensure that—
(i) the supply of affected water is prohibited, or
(ii) the use of affected water is restricted,
or
(b) ensure that—
(i) subject to regulations under section 32 , such other necessary action, including remedial action, is taken to protect human health and to restore the quality of the supply to such prescribed standards as apply to the water supply concerned,
(ii) users are promptly informed of the potential danger and given any necessary advice, and
(iii) except where the extent of non-compliance with prescribed quality standards is considered by the water services authority not to be material in the circumstances, users are notified promptly of any remedial action taken.
(3) A water services authority may issue a notice for the purposes of this section, which, where it is addressed to users, may also—
(a) be given to such classes of users as the authority considers necessary, and
(b) notwithstanding section 19 , be issued by—
(i) advertisement in a newspaper circulating in the area,
(ii) being broadcast on a radio or television channel generally available in the area,
(iii) being made available on the internet, or
(iv) such other manner as the Minister may direct.
(4) A person who contravenes a requirement of a notice under this section commits an offence.
num: 59
paragraphs: — (1) Where a water services authority becomes aware that water from any source, whether surface water or groundwater or treated water, which is intended for human consumption constitutes a potential danger to human health, it may serve a notice, either on the owner or person having charge of that supply of water, requiring that person, as appropriate, to—
(a) shut down the water source in question,
(b) cease supplying water from that source, or
(c) take specified remedial action to restore water quality to the satisfaction of the water services authority before continuing to take or provide a supply of water from that source.
(2) A person who fails to comply with a requirement of a notice under subsection (1) commits an offence.
num: 60
paragraphs: — (1) A person who owns, has in his or her charge or otherwise has control over a waste water works shall cause it to be properly maintained so as not to—
(a) cause, or be likely to cause a risk to human health or the environment, including risk to waters, the atmosphere, land, soil, plants or animals, or
(b) create a nuisance through odours.
(2) A person who contravenes subsection (1) commits an offence.
num: 61
paragraphs: — (1) (a) A person who causes or permits the connection of a premises to waste water services, either directly or indirectly, without the agreement of the provider of those services, commits an offence.
(b) For the purposes of paragraph (a), and without prejudice to subsection (6), the agreement of a water services authority under this subsection may be made the subject of such conditions as the water services authority may specify.
num: 62
paragraphs: — (1) It shall be lawful for a water services authority after 7 days notice in writing to the occupier of the land in which such sewer or part thereof is situated or, in case of emergency, without notice or after shorter notice, to cause such tests to be carried out as it considers necessary, or cause such sewers, or part thereof to be opened and examined, and for those purposes to cause any necessary openings and excavations to be made, where it appears to the water services authority that a sewer or part thereof may—
(a) be, or may be likely to become inadequate, defective, foul or neglected,
(b) cause a risk to human health or the environment, or
(c) permit infiltration or exfiltration of water or waste water.
(2) If a sewer, or part thereof, is found on an examination or test under subsection (1) of this section not to be inadequate, defective, foul or neglected, or cause a risk to human health or the environment or permit infiltration of water, the water services authority which authorised the examination shall, subject to subsections (4) and (5), cause such sewer to be restored and any openings or excavations made in connection with the examination to be closed or filled up and any damage done to be made good.
(3) If a sewer, or part thereof, is found following test or examination under subsection (1) to be inadequate, defective, foul or neglected and any works are necessary for the abatement or prevention of risk to human health or the environment or the infiltration of water, the following provisions shall have effect:
(a) the water services authority may, at its absolute discretion—
(i) execute such works in the first instance or in the event of failure to comply with a notice under subparagraph (ii), or
(ii) direct the owner of the sewer by notice to execute such works;
(b) the water services authority may recover the cost of such works (including the cost of the test or examination) from the owner of the sewer.
(4) If a drain or related service connection or part thereof is found on investigation by a water services authority not to be inadequate, defective, foul or neglected or to permit the infiltration or exfiltration of water or waste water, but it appears to the water services authority that any separate premises drained by such system or part thereof is not drained satisfactorily, the water services authority may serve notice on the owner in accordance with section 42 , or may provide or contribute to the cost of providing drainage for the premises.
(5) If a drain or related service connection or part thereof is found on investigation by a water services authority to be inadequate, defective, foul or neglected or to permit infiltration or exfiltration of water or waste water, and it appears to the water services authority that after executing the necessary remedial works, any premises would still not be drained satisfactorily, such water services authority may serve on the owner of such premises a notice under section 42 , or may provide or contribute to the cost of providing drainage for the premises.
(6) Where a drain or service connection used for the whole or any part of the drainage of the premises, to which this section refers, is used in common by two or more premises, notice under section 42 may be served on any one or more of the owners, and it shall not be necessary to serve such notice on all such owners.
(7) For the purposes of this section, any drain, toilet or washing facility shall be regarded as part of the drain of the premises which it serves.
(8) A person who fails to comply with a direction under subsection (3)(a)(ii) commits an offence.
num: 63
paragraphs: — (1) (a) A person other than a water services authority shall not, after such date as may be fixed for the purpose of this section by order made by the Minister, discharge or cause or permit the discharge, either directly or indirectly, of any trade effluent or other matter (other than domestic waste water or storm water) to a sewer or part thereof which is owned, vested in or otherwise under the control of a water services authority, or a person providing water services under an agreement with a water services authority, except under and in accordance with a licence under this section granted by the water services authority which owns the sewer or in which the sewer is vested or by which it is controlled, or under an agreement with which a person providing water services is providing or otherwise controls such sewer.
(b) Notwithstanding paragraph (a), subject to section 92 , the issue of a licence under this section to discharge to a sewer or part thereof which is owned, vested in or otherwise under the control of a person providing services under an agreement with a water services authority shall be subject to the agreement of that person to the discharge to the sewer.
(c) A licence issued under paragraph (a) to a water services provider in respect of the discharge of trade effluent or other matter (other than domestic waste water or storm water) to a sewer may, where the issuing authority is the same water services authority, be incorporated into the licence issued by that authority to the water services provider under Part 6 of this Act in respect of the provision of that water service which gives rise to the discharge in question to the sewer.
(2) (a) A water services authority may at its discretion—
(i) refuse to grant a licence under this section,
(ii) grant a licence subject to such conditions as it thinks appropriate and specifies in the licence.
(b) In considering whether or not to grant a licence under this section a water services authority shall take full account of—
(i) the objectives contained in any relevant plan under section 15 of the Act of 1977 and under section 36 , and
(ii) whether the grant of such a licence would be prejudicial to the waste water works into which the proposed discharge would be made.
(3) A water services authority shall not grant a licence under this section in respect of the discharge of a trade effluent which would not comply with any relevant standard prescribed under section 26 of the Act of 1977, or would be inconsistent with requirements of subsection (2)(b).
num: 64
paragraphs: — (1) In this section—
“ existing discharge ” means a discharge which is similar in nature, composition and temperature to, and is of a similar volume and is made at a similar rate to, a discharge made during any corresponding period in the period of 12 months ending on the relevant date;
“ relevant date ” means the date fixed by order under section 63 .
(2) Where a water services authority proposes to grant a licence under section 63 for an activity in respect of which a licence has been granted under section 16 of the Act of 1977, the water services authority shall, if the licence is being granted during the period of 3 years from the grant of the aforementioned licence, have regard to the conditions (if any) attached to such licence and the costs in relation to the activity which would be incurred if different conditions were attached to the licence to be granted under section 63 .
(3) A person shall be deemed not to have contravened section 63 (1) in relation to an existing discharge of trade effluent made in accordance with a licence under section 16 of the Act of 1977 if, before the relevant date, he or she applies for a licence under this section and complies with the requirements of any regulations under section 67 regarding the furnishing of information to a water services authority.
(4) In a prosecution for an offence under section 63 it shall be presumed, until the contrary is shown by the person charged, that the discharge concerned is not an existing discharge of trade effluent or other matter made in the circumstances specified in subsection (3).
(5) On or after the commencement of this section, the relevant water services authority shall ensure that an activity for which a licence is required under section 63 is carried out in accordance with any licence issued under section 16 of the Act of 1977 for the same discharge until a decision on an application for a licence under section 63 or an appeal under section 66 , made in accordance with the requirements of this Act, has been made, as the case may be, at which stage the licence under the Act of 1977 will lapse.
(6) Notwithstanding section 63 (1), where a licence under section 16 of the Act of 1977 lapses before a decision on an application for a licence under that section or an appeal under section 66 , as the case may be, has been made, the discharge to which the licence relates may continue, subject to the conditions (if any) attached to such licence, until a decision on an application for a licence under section 63 or an appeal under section 66 as the case may be, has been made, provided that the application for the licence under section 63 or an appeal to the Board under section 66 has been made in the manner prescribed by such date as may be prescribed by the Minister for the purposes of those sections.
(7) Where, before the commencement of section 63 there is an application for a licence to discharge or cause or permit the discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer or part thereof which is owned, vested in or otherwise under the control of a water services authority or of a person providing water services under an agreement with a water services authority, and a decision on the application has yet to be made by the water services authority, the application shall, on commencement of section 63 , be deemed to be an application under that section.
(8) Notwithstanding subsection (7), neither this section nor section 63 shall apply to an activity where an appeal to the Board under section 20 of the Act of 1977, as inserted by the Act of 1990 has been, or may still be made, until the time for making the appeal has expired or the appeal has been determined or withdrawn and the licence (if any) issued, as the case may be, and the powers of the Board under the Act of 1977 shall continue to apply for this purpose.
num: 65
paragraphs: — (1) A water services authority may review a licence under section 63 at intervals of not less than 3 years from the date of the licence or the last review of the licence, or at any time with the consent of the person making, causing or permitting the discharge.
(2) Notwithstanding any other provision of this Act or any condition in a licence under section 63 , any such licence may be reviewed at any time by the water services authority that granted it if—
(a) the water services authority has reasonable grounds for believing that the discharge authorised by the licence conflicts, or is likely to conflict, with the sustainable use of water resources or is inconsistent, or likely to be inconsistent, with requirements of a river basin management plan or a programme of measures under the EU Water Framework Directive,
(b) there has been a material change in the nature or volume of the discharge,
(c) there has been a material change in relation to the waters to which the sewer concerned discharges,
(d) further information has become available since the date of the granting of the licence relating to polluting matter present in the discharge concerned or relating to the effects of that matter,
(e) the licensee applies to the water services authority concerned to review the licence,
(f) a revision has been made to standards for effluent discharges under this Act or any other enactment,
(g) the capacity of the receiving waste water works has been or is likely to be exceeded, or
(h) a drain or service connection, or part of a drain or service connection, through which trade effluent or other relevant matter is discharged under the terms of the licence is declared to be a sewer under section 69 .
(3) Notwithstanding subsection (1), where regulations are made under section 26 of the Act of 1977 relating to a trade effluent or sewage effluent from a sewer or to waters to which a sewer discharges, a licence under section 63 shall be reviewed by the water services authority that granted it as soon as may be after the commencement of such regulations and thereafter at such intervals as may be specified in the regulations.
(4) Upon completion of a review under this section, a water services authority may amend or delete any condition of the licence or attach conditions or additional conditions to the licence or revoke the licence; and if a water services authority proposes to exercise a power aforesaid, it shall do so as soon as may be after the completion of the relevant review under this section.
(5) The Minister may make regulations for the purpose of this section.
(6) Without prejudice to the generality of subsection (5), regulations under that subsection may make provision in relation to all or any of the following matters:
(a) the giving of notice by a water services authority to a person discharging or causing or permitting a discharge of its intention to review a licence;
(b) the insertion of a requirement in such a notice that representations relating to the review may be made within a specified period;
(c) the payment to water services authorities of fees of such amounts as may be specified in the regulations in relation to reviews of licences;
(d) the payment of fees of different amounts in respect of different classes of such reviews as aforesaid;
(e) exemption from the payment of such fees in such circumstances as may be specified;
(f) the waiver, remission or refund (in whole or in part) of such fees in such circumstances as may be specified, or
(g) the manner in which fees may be disposed of.
num: 66
paragraphs: — (1) (a) A person causing or permitting a discharge to which a licence under section 63 relates may, before the expiration of such period as may be prescribed, appeal to the Board in relation to—
(i) the revocation of the licence,
(ii) the attachment of conditions or additional conditions to the licence, or
(iii) the amendment or deletion of any condition attached to the licence,
by a water services authority.
(b) A person whose application for a licence under section 63 has been refused by a water services authority may, before the expiration of such period as may be prescribed, appeal to the Board in relation to the refusal.
(c) An act of a water services authority referred to in paragraph (a) or (b) shall have effect—
(i) in case an appeal is not brought against it, upon the expiration of the period referred to in paragraph (a) or (b), as the case may be,
(ii) in case an appeal is brought against it and the final determination of the appeal does not set the act aside, upon and in accordance with such final determination, or
(iii) in case an appeal is brought against it and the appeal is withdrawn, upon the withdrawal of the appeal.
(2) The Board, after consideration of an appeal under this section, shall either, as it thinks proper, allow or refuse the appeal in whole or in part, or, give appropriate direction to the water services authority concerned relating to the granting or refusal of a licence, or the attachment, amendment or deletion of conditions, and a water services authority shall comply with any such direction.
num: 67
paragraphs: — (1) The Minister may make regulations for the purpose of licensing under section 63 and appeals under section 66 .
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following:
(a) the form of licence;
(b) requiring the furnishing by applicants of specified information in relation to an application for a licence;
(c) requiring the production of evidence to verify any information given by an applicant;
(d) requiring water services authorities to furnish to the Minister, to the Board or to any other specified persons any specified information in relation to any applications and the manner in which they have been dealt with;
(e) requiring an applicant to defray or contribute towards the cost of any investigation carried out by a water services authority in relation to an application;
(f) the oral hearing of any appeal to the Board and any such oral hearing being conducted by the Board or by a person appointed for that purpose by the Board;
(g) any procedural matter in relation to appeals under section 66 ;
(h) the payment to a water services authority of a fee of such amount as may be specified in respect of an application to it for a licence under section 63 ;
(i) the payment of fees of different amounts in respect of different classes of such applications;
(j) exemption from the payment of fees provided for under paragraph (h) or (i) in such circumstances as may be specified;
(k) the waiver, remission or refund (in whole or in part) of such fees in such circumstances as may be specified; or
(l) the purpose for which fees may be used.
(3) Where, under regulations made under this section, a fee is payable to a water services authority in respect of an application for a licence under section 63 , the water services authority shall not consider the application unless the fee is received by the water services authority.
(4) A defrayment or contribution under subsection (2)(e) or a fee under subsection (2)(h) or (i) or an amount specified under section 63 (5)(b) shall be payable on demand by the applicant or licence holder as the case may be.
num: 68
paragraphs: — (1) For the purposes of this section—
“ temporary dwellings ” means any—
(a) tent, or
(b) van or other conveyance (whether on wheels or not), or
(c) shed, hut or similar structure,
used on a temporary basis for human habitation or constructed or adapted for such use;
“ traveller community ” has the meaning assigned to it by section 2 of the Equal Status Act 2000 ;
“ vehicle ” includes any car, van, bus, lorry, truck or train;
“ vessel ” means a water-borne craft of any type, whether self-propelled or not, and includes any air-cushion craft, ship, boat, barge or lighter.
(2) A water services authority may provide or arrange for the provision of facilities for the reception and disposal of sewage from vessels, vehicles, aircraft or temporary dwellings, and may impose fees or other charges for the provision or use of such facilities.
(3) The power to impose fees or other charges under subsection (2) applies notwithstanding any provision in any enactment prohibiting the making of a charge for the provision of water services to a household for domestic purposes, with the exception that a charge may not be made to a household in the traveller community for water services for domestic purposes provided since 31 December 1996.
num: 69
paragraphs: — (1) (a) In this section a reference to a drain shall be construed as a reference to a drain or a service connection.
(b) An order under subsection (2) may relate to all or a specified part only of a specified drain, and references in this section to a drain shall be construed accordingly.
(2) A water services authority may by order declare that a specified drain shall be regarded as a sewer under the control of the water services authority for the purposes of section 63 and for no other purpose.
(3) Whenever a water services authority proposes to make an order under subsection (2) in relation to a drain—
(a) it shall, not less than 30 days before the date of the making of the order, give notice in writing of its intention to make the order to the owner of the drain and any person causing or permitting a discharge of trade effluent or other matter (other than domestic waste water or storm water) to the drain, and
(b) a person on whom a notice is served under paragraph (a) may within 30 days of the giving to him or her of the aforesaid notice make representations in writing to the water services authority in relation to the making of the order and the authority shall, before deciding whether to make the order, take into consideration any representations made by that person.
(4) An order under subsection (2) shall come into operation on such date (not being less than 6 months after the date of its making) as may be specified therein.
(5) Copies of an order under subsection (2) shall, within 10 days after the date of its making, be deposited and made available for inspection and purchase at the offices of the water services authority by which it was made and a copy thereof shall, within the period aforesaid, be given or served on each person served under subsection (3)(a).
(6) (a) Where an order is made by a water services authority under subsection (2), then any person causing or permitting a discharge of trade effluent or other matter (other than domestic waste water or storm water) to the drain concerned shall, within 6 months after the order is made—
(i) apply to the authority which made the order for a licence under section 63 in respect of the discharge, or
(ii) cease the discharge.
(b) (i) A person who, in pursuance of paragraph (a), duly applies for a licence under section 63 and furnishes any information duly required by the water services authority concerned in relation to the application shall be deemed not to have contravened section 63 during the period from the commencement of the order to the grant or, as the case may be, the expiration of one month after the refusal to grant the licence, in respect of any discharge to the drain concerned that is similar in nature, composition, temperature and volume, and is made, during that period, at a rate similar to that of the discharge concerned to which paragraph (a) relates during the corresponding period before such commencement.
(ii) In a prosecution for an offence under section 63 it shall be presumed until the contrary is shown that the discharge concerned is not one to which subparagraph (i) applies.
(c) Where a drain or part of a drain through which relevant effluent is discharged is declared to be a sewer under subsection (2), then a licence under section 4 of the Act of 1977 may be reviewed by the local authority which granted it, in accordance with the provisions of that Act.
(7) A person who fails to apply for a licence or to cease a discharge to which subsection (6)(a) refers within 6 months from commencement of the relevant order commits an offence.
(8) The Minister may make regulations in relation to administrative procedures under this section.
num: 70
paragraphs: — (1) The occupier of a premises (or if unoccupied the owner) shall not permit waste water to be discharged from the premises to a sewer in a manner that—
(a) causes, or is likely to cause a risk to human health or the environment, including risk to waters, the atmosphere, land, soil, plants or animals, or
(b) creates a nuisance through odours.
(2) The owner of a premises shall ensure that all drains, manholes, gullytraps and storage and treatment systems for waste water, including related accessories, not in the charge of a water services provider, which serve that premises are kept so as not to—
(a) cause, or be likely to cause, a risk to human health or the environment, including to waters, the atmosphere, land, soil, plants or animals, or
(b) create a nuisance through odours.
(3) A person shall not throw or cause to be thrown, pass or cause to be passed any matter or substance into any sewer or drain—
(a) by which the free flow of the contents of such sewer or drain may be interfered with,
(b) by which any such sewer, drain or related waste water works may be damaged,
(c) which would prejudicially affect the treatment, recovery or disposal of the contents of the sewer or drain, whether because of its temperature, chemical composition or otherwise,
(d) which causes, or is likely to cause, a risk to human health or safety or gives rise to, or is likely to give rise to substances which cause such risk, or
(e) which causes or is likely to cause a risk to the environment, including to waters, the atmosphere, land, soil, plants or animals.
(4) A person shall not permit or cause the entry of any polluting matter, including sewage, to any drain or sewer provided or used solely for the reception or disposal of storm water.
(5) The occupier of a premises (or if unoccupied the owner) shall notify the water services authority in whose functional area a leak, accident or other incident occurs concerning waste water discharges from the premises to a drain, sewer or treatment system which is causing or is likely to cause a risk to human health or safety, or the environment, or which prejudicially affects, or is likely so to do, the treatment, recovery or disposal of the contents of the drain, sewer or treatment system, and shall actively co-operate with the water services authority and comply with the instructions of the water services authority in relation to measures necessary to effect remediation.
(6) A water services authority or any person affected by a failure, or alleged failure of a third party to comply with a duty of care provided for under this section may complain to the District Court, and the Court may order the third party to take the measures necessary to effect a cessation of the activity which is the subject of the complaint, or to take specified measures to effect compliance with their obligations under this section.
(7) Before a complaint is made to the District Court under subsection (6), the water services authority or the person concerned, as the case may be, shall serve a notice in the prescribed form of the intention to make such a complaint, within such time as may be specified in the notice, on the said third party.
(8) In a prosecution for a contravention of subsection (1) or (3) or in proceedings under subsection (6) it shall be a defence to prove that the activity concerned was carried out in accordance with a licence or revised licence under Part 4 of the Act of 1992 or a licence under section 16 of the Act of 1977 or section 63 , provided that the licence was not obtained through intentional or negligent misrepresentation in the application.
(9) The Minister may make regulations to prohibit or restrict, or to specify measures (including pre-treatment requirements) to be undertaken prior to, the discharge of specified effluent to a drain or waste water works.
(10) A person who fails to comply with or contravenes subsection (1), (2), (3), (4) or (5) or a regulation under subsection (9) commits an offence.
(11) In this section a reference to a drain shall be construed as a reference to a drain or a service connection.
num: 71
paragraphs: — (1) In this Part—
“ water supply meter ” means a mechanical, electronic or other device for measuring volume or rate of flow of water, together with any ancillary equipment for the purposes of data collection or transmission;
“ waste water discharge meter ” means an electronic or other device for measuring volume or rate of discharge of waste water, together with any ancillary equipment for the purposes of data collection or transmission;
“ meter ” may be construed as a water supply meter or a waste water discharge meter as appropriate;
“ water services authority ” includes—
(a) an authorised provider of water services, and
(b) a person providing water services jointly with or on behalf of—
(i) a water services authority, or
(ii) an authorised provider of water services.
num: 72
paragraphs: — (1) Subject to any direction of the Minister under this Act—
(a) a water services authority may—
(i) supply water by measure,
(ii) meter or otherwise measure the volume of water supplied or the volume of waste water discharged,
(iii) subject to complying with other enactments in relation to charging for water services, charge a rent or otherwise recover from a consumer the costs incurred by it in respect of every meter or other instrument provided for measuring the water supplied to or the waste water discharged by that consumer,
(iv) require any consumer of water supplied by it to take such supply through a specified water supply meter,
(v) require any consumer of waste water services provided by it to discharge their waste water via a specified waste water discharge meter,
and
(b) a water services authority shall—
(i) keep every meter whether let by it for hire to a consumer or supplied free of charge, in proper order for measuring the supply of water or discharge of waste water, and in default of so doing, such consumer shall not be liable to pay rent as long as the default continues, and
(ii) have access to and be at liberty at all reasonable times to install, read, remove, examine, repair, replace or reinstall such meter.
(2) An owner of a meter shall, subject to the requirements of—
(a) the Metrology Acts 1980 to 1998,
(b) any relevant instrument made under those Acts, and
(c) any relevant regulations made under the European Communities Act 1972 ,
ensure that the meter is the correct type and size required for the accurate measurement of consumption or discharge, that is foreseen or foreseeable. For that purpose account shall be taken in particular of the operating conditions for the meter, including flowrate range, temperature range and relative pressure range of the water or waste water to be metered.
(3) Where, following testing pursuant to the Metrology Acts 1980 to 1998 or any relevant instrument or regulations specified in subsection (2), it is determined that a meter has failed to record correctly the volume of water supplied, or of waste water discharged, then a water services authority may estimate usage on the basis of historical data, and any amount of charges which are found to be outstanding on the basis of such estimate may be recovered by the water services authority from the person to whom the water services were provided.
(4) Subject to subsection (2), the Minister may make regulations in relation to the provision of a meter.
(5) Without prejudice to the generality of subsection (4), regulations under that subsection may provide for all or any of the following matters:
(a) responsibility of the consumer for the safe custody of a meter, and any piping or ancillary fittings belonging to a water services authority;
(b) rental of meters;
(c) taking of meter readings;
(d) estimation of usage on the basis of historical data;
(e) any incidental or ancillary matters.
(6) A person commits an offence if he or she—
(a) fails to comply with a requirement under subsection (1)(a)(iv) or (v),
(b) contravenes subsection (2), or
(c) contravenes a regulation made under subsection (4) which is stated to be a penal regulation.
num: 73
paragraphs: — (1) For the purpose of the measurement of water usage or waste water discharge determined by a meter, the register of that meter shall be prima facie evidence of the volume supplied or discharged, as the case may be.
(2) The Minister may issue guidelines to a water services authority in relation to procedures to be adopted for dealing with consumer complaints in relation to the performance of meters, and the water services authority shall act in accordance with those guidelines.
num: 74
paragraphs: — (1) A person who—
(a) removes, damages or causes the removal or damage, or otherwise impairs, or causes impairment of the proper working of a meter,
(b) alters or causes to be altered fraudulently a meter,
(c) prevents or causes to be prevented from being duly registered the volume of water or waste water supplied or discharged through a meter, or
(d) fraudulently bypasses or causes or permits the bypass of a meter provided for the purposes of measuring the volume of water or waste water supplied or discharged,
commits an offence.
(2) If in proceedings for an offence under paragraph (b) or (c) of subsection (1) it is alleged that the defendant prevented such meter from correctly recording the volume of water supplied to, or waste water discharged from, a premises, and it is proved that, during the period such prevention is alleged to have occurred or immediately thereafter—
(a) an artificial means for causing such prevention was present on the said premises or in the precincts thereof, and
(b) the defendant was in occupation of the premises,
such proof shall be prima facie evidence, in those proceedings, of the allegation.
(3) A person who, without lawful excuse, manufactures, imports, sells, offers for sale, supplies or has in his or her possession any thing designed or adapted to prevent a meter from correctly recording the volume of water supplied to or waste water discharged from a premises, commits an offence.
(4) (a) A consumer of water services who has reasonable grounds for believing that a meter to which this section applies is not duly registering a quantity of water being supplied to, or of waste water being discharged from, a premises by reason of the meter being unlawfully interfered with shall take all reasonable steps to ensure that such interference is discontinued.
(b) A person who fails to comply with paragraph (a) commits an offence.
(5) A water services authority may reinstate or repair any damage sustained to any of its property in the course of or arising from an offence under subsection (1) and recover any costs incurred from the person or persons guilty of the offence.
(6) Without prejudice to any other prosecution, or right to prosecute, where, in the opinion of a water services authority, there has been—
(a) an unauthorised taking of water supplies, or
(b) an unauthorised discharge of waste water to a waste water works, or
(c) any unauthorised interference with a meter,
whereby a greater volume of water than registered by a meter is supplied to a person through that meter, or a greater volume of waste water than registered is discharged by a person through that meter, the water services authority may estimate the unrecorded or unauthorised use or discharge and recover or arrange for the recovery of the cost of it from that person.
(7) The Minister may make regulations for the purposes of subsection (6), setting out procedures and methodologies to be adopted to estimate the unrecorded or unauthorised use or discharge.
num: 75
paragraphs: — (1) There shall be a body to be known as the National Rural Water Services Committee or, in the Irish language, an Coiste NÃ¡isiÃºnta SeirbhÃ­sÃ­ Uisce TuathÃºil (and in this Act referred to as the “National Committee”) to perform the functions assigned to it by or under this Act.
(2) The National Committee shall stand established on such day as the Minister by order appoints.
(3) The National Committee shall consist of such persons as may be appointed by the Minister from time to time.
(4) It shall be the function of the National Committee to—
(a) advise the Minister on—
(i) policy in relation to rural water services,
(ii) rural water services investment objectives and priorities,
(iii) efficiency and effectiveness of investment in rural water services, including progress on the achievement of investment objectives,
(iv) monitoring and reporting procedures in relation to the protection of human health or the environment,
(v) guidelines for the making of a rural water services strategic plan,
(vi) continuing development of rural water services strategic planning, including evaluation of the effectiveness of rural water services strategic plans, or
(vii) such other matters on which he or she may seek advice,
and
(b) carry out such activities, including research, as may, with the consent of the Minister, be required.
(5) The Minister may make regulations for the purposes of this section.
(6) Without prejudice to the generality of subsection (5), regulations under this section may provide for all or any of the following matters:
(a) composition, appointment and removal procedures and term of office of the National Committee;
(b) meetings and procedures;
(c) expenditure and finance;
(d) reporting arrangements; and
(e) any incidental and ancillary matters.
num: 76
paragraphs: — (1) The Minister may by regulations provide for the establishment by the relevant water services authority of a county rural water services committee in the functional area of such water services authorities as may be prescribed, and on such date and for such purpose as may be prescribed.
(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any or all of the following matters in relation to a county rural water services committee:
(a) composition, appointment and removal procedures and term of office;
(b) meetings and procedures;
(c) functions generally in relation to rural water services provision;
(d) reporting arrangements;
(e) expenditure and finance; and
(f) any incidental and ancillary matters.
(3) The expenses of a county rural water services committee may be met by the water services authority under whose auspices it is established.
(4) A water services authority may direct a county rural water services committee established by it to undertake specific actions in accordance with the prescribed functions of the committee, and the committee shall be obliged to comply with such direction.
num: 77
paragraphs: — (1) Notwithstanding section 36 , a water services authority may, and if directed by the Minister shall, make or review rural water services strategic plans with regard to the provision of water services to all rural areas within its functional area.
(2) A plan under subsection (1) shall form an integral component of a water services strategic plan under section 36 , and shall be reviewed from time to time in conjunction with a review of such latter plan.
(3) A rural water services strategic plan which has been made, or is in the process of being made, prior to the first occasion of the making of a water services strategic plan under section 36 shall be reviewed as necessary, and in any event shall be incorporated into the first such plan or plans which is or are made by a water services authority under this Act in respect of its functional area or any part of it.
(4) Any reference to a water services strategic plan in Part 2 may be read as a reference to a rural water services strategic plan for the purpose of such plan.
num: 78
paragraphs: — (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.
num: 79
paragraphs: — (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.
num: 80
paragraphs: — (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.
num: 81
paragraphs: — (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.
num: 82
paragraphs: — (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).
num: 83
paragraphs: — (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.
num: 84
paragraphs: — (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.
num: 85
paragraphs: — 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 .
num: 86
paragraphs: — (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.
num: 87
paragraphs: — (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.
num: 88
paragraphs: — (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.
num: 89
paragraphs: — 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.
num: 90
paragraphs: — 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.
num: 91
paragraphs: — (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.
num: 92
paragraphs: — (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.
num: 93
paragraphs: — (1) Subject to sections 95 and 96 , a water services authority may acquire land for the purpose of performing any of its functions under this Act, and section 182 and Part XIV of the Act of 2000 shall apply to a water services authority as it applies to a local authority.
(2) For the purposes of subsection (1), “acquisition of land” under the Act of 2000 shall include any—
(a) dam, weir or construction which interferes with the proper drainage or supply of water to its functional area, or the provision of water services by that water services authority,
(b) water, or right of access to water, or right to take or convey water,
(c) waterworks or part of a waterworks, or related accessories or right of access to them, or
(d) waste water works or part of a waste water works, or related accessories or right of access to them.
(3) A water services authority may do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of its functions under this section.
num: 94
paragraphs: — The powers of a water services authority under section 93 or 97 shall also apply to any such acquisition or any such laying of pipes or related infrastructure, fixtures or fittings for the purpose of facilitating the provision of water services by—
(a) any authorised provider of water services, or
(b) a person providing water services jointly with or on behalf of—
(i) a water services authority, or
(ii) an authorised provider of water services.
num: 95
paragraphs: — (1) A water services authority may by agreement take into public charge or acquire all or part of a waterworks or waste water works, or any rights connected to it, whether or not it is situated in its functional area, where not fewer than two thirds of those persons entitled to dispose of it agree to such transfer.
(2) (a) Where a water services authority proposes to take into public charge all or part of the distribution network of a waterworks or the collection network of a waste water works, together with the accessories of the network concerned (in this section referred to as the “ pipe network and accessories ”) whether within or outside its functional area, and it cannot after reasonable enquiry establish the identity of those persons entitled to agree to such transfer, then the water services authority shall publish in one or more newspapers circulating in the area served by the waterworks or waste water works, and serve on the owner of every premises which appears to it to be connected to the pipe network and accessories in question, a notice which—
(i) describes the pipe network and accessories in question, including a description of the area it serves,
(ii) states the intention of the water services authority to take the pipe network and accessories into its charge,
(iii) names the place where a map of the pipe network and accessories in question is deposited and the times during which it may be inspected, and
(iv) specifies the manner and period within which (not being less than one month from the date of the notice) any person, claiming entitlement to agree to or disagree with such transfer, may register such a claim with the water services authority.
(b) Where no entitlement to agree to or disagree with the transfer referred to in paragraph (a) is claimed, or no claim to such entitlement is substantiated, then the water services authority shall hold a plebiscite to ascertain the wishes of the owners of the premises concerned in relation to the taking in charge of the pipe network and accessories by the water services authority.
(c) Where a simple majority of owners who vote in the plebiscite referred to in paragraph (b) indicate their agreement to the water services authority taking in charge the related pipe network and accessories, then the water services authority may by order declare such pipe network and accessories to be in its charge.
(d) Where a simple majority of the owners who vote in the plebiscite referred to in paragraph (b) indicate that they do not wish the water services authority to take in charge the related pipe network and accessories, then the water services authority may by order declare the pipe network and accessories to be a connection for the purposes of section 43 .
(e) Where a claim of entitlement to agree to or disagree with the transfer referred to in paragraph (a) is substantiated and a consequential direction to the claimant under section 80 to apply for a licence under section 79 is annulled by the District Court, then the water services authority may declare the pipe network and accessories to be a connection for the purposes of section 43 .
(3) A water services authority may not acquire or take in charge all or part of a waterworks or waste water works which is located, in whole or in part, outside its functional area unless with the agreement of the water services authority in whose functional area the waterworks or waste water works, or part of it is situated.
(4) The Minister may make regulations in relation to the procedures and notification requirements necessary for the purposes of this section.
num: 96
paragraphs: — Where a compulsory acquisition by way of compulsory purchase order is made in respect of a waterworks or waste water works, or part thereof, a duly appointed arbitrator shall, to the extent that it can reasonably be ascertained, in determining the amount of compensation payable, have regard to any grant or subsidy that has been paid or provided in respect of all or any part of the waterworks or waste water works.
num: 97
paragraphs: — (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) A water services authority may exercise all or any of the powers conferred on it by this section outside its functional area with the agreement of the water services authority in whose functional area the works are to be carried out.
(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.
num: 98
paragraphs: — (1) Subject to subsection (2), any person authorised (however expressed) by any Act or instrument made under an Act to—
(a) navigate or use any river, canal, dock, harbour or river-basin, or
(b) charge a toll for such use,
may take up, divert or alter the level of any pipe which is—
(i) constructed by or vested in a water services authority or an authorised provider of water services, or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, and
(ii) passing under or interfering with such river, canal, dock, harbour or river-basin or any towing path thereof,
and, subject to complying with any statutory or contractual requirement and the giving of any due notice to any person concerned, the person so authorised may do all such things as may be necessary for carrying into effect such taking up, diversion or alteration.
(2) Any work carried out by a person pursuant to subsection (1) shall be at his or her own expense, and shall be subject to his or her substituting other equally effective pipes.
(3) Any person intending to carry out work under subsection (1) shall consult with the persons referred to in that subsection and the water services authority in whose functional area the relevant pipes or accessories are situated before commencing the work, and shall agree with those persons and the water services authority as to what constitutes an “equally effective” substitution for the purposes of subsection (2) in that instance.
(4) Unresolved matters arising from consultations under subsection (3) may, at the sole discretion of the person intending to carry out the work, be referred to an agreed arbitrator or an arbitrator appointed by the President of the High Court, and any decision of that arbitrator taken at proceedings held in accordance with the Arbitration Acts 1954 to 1998 as to what constitutes “equally effective” for the purposes of subsection (2) in that instance shall be binding.
num: 99
paragraphs: — (1) The Minister may, whenever he or she thinks proper, give general directions in writing to a water services authority as to policy in relation to the performance by the water services authority of its functions under this Act.
(2) In performing its functions under this Act, each water services authority concerned shall comply with any directions given to it by the Minister under this section.
(3) Where applicable the Board shall also comply with policy directions under subsection (1).
(4) Whenever the Minister gives a direction under this section, he or she shall—
(a) as soon as may be cause a copy of the direction to be laid before each House of the Oireachtas,
(b) cause a copy of the direction to be transmitted to each water services authority concerned, and
(c) cause to be published in Iris OifigiÃºil a notice of the giving of the direction.
(5) (a) A notice under subsection (4)(c) shall specify where a copy of the direction concerned may be viewed or obtained.
(b) The Minister may charge a fee (if any) for providing a copy of a direction under this subsection but any such fee shall not be greater than the costs incurred in making copies available.
num: 100
paragraphs: — (1) The Minister may, for the purposes of preventing risk to public health and safety or the environment, make an order suspending or amending for a stated period any obligation placed by this Act on a water services authority or other person specified in the order.
(2) An order under this section may contain such consequential provisions arising from the suspension or amendment of the obligation under this Act as the Minister considers necessary.
(3) Where an order is proposed to be made under subsection (1), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.
num: 101
paragraphs: — A provision in any statute or Act, other than an Act of the Oireachtas, which remains in operation after enactment of this Act shall no longer have any force of law where it—
(a) conflicts with, or could conflict with,
(b) provides for a purpose or purposes the same as or similar to any purpose or purposes of, or
(c) interferes with or could interfere with,
the performance of a function under this Act or with any regulations, standards, codes of practice, guidelines, requests or directions made or issued under this Act.
num: 102
paragraphs: — (1) Subject to section 36 (18), any statute or other Act, other than this Act, which requires a water services authority to provide water services outside of its functional area shall be construed as enabling rather than directive.
(2) Where as a consequence of subsection (1), a water services authority ceases to provide water services in the functional area of another water services authority, responsibility under any relevant agreement to supply water services in that functional area entered into by that water services authority, shall transfer to the water services authority in whose functional area the services are provided.
(3) The Minister may make regulations for the purpose of this section that may—
(a) provide for financial adjustments between water services authorities where one water services authority takes over responsibility for the provision of water services in its functional area from the other arising from this section or section 31 (7),
(b) provide for payment by or to any water services authority affected by a take-over of responsibility for water services, or for any financial arrangements which may be necessary arising from this section or section 31 (7).
(4) Notwithstanding any statute or other Act, or any agreement, which was in force on the commencement of this Act, whereby there is specified the amount of the charge which may be made by a water services authority for the provision of water services (including as the case may be a stipulation that services be provided free of charge) or an amount which such charge is not to exceed, a water services authority may make a charge which exceeds the amount so specified (or as the case may be introduce such charge), and any charge made by virtue of this subsection shall for all purposes be deemed to have been duly made under the enactment or agreement.
(5) Nothing in subsection (4) shall be construed as enabling a water services authority to charge for water services provided to a household for domestic purposes.
num: 103
paragraphs: — (1) Subject to the approval of the Minister, the Board may determine fees in relation to appeals to it under section 66 , and under section 8 of the Act of 1977, as amended, and requests for oral hearings, and may provide for the payment of different fees in relation to different classes or descriptions of appeals, for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances.
(2) The Board shall review the fees determined under subsection (1) from time to time, but at least every 3 years, having regard to any change in the consumer price index since the determination of the fees for the time being in force, and may amend the fees to reflect the results of that review, without the necessity of the Minister's approval under subsection (1).
(3) For the purposes of this section, “change in the consumer price index” means the difference between the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of determination under this section and the said number last published before the date of review under subsection (2), expressed as a percentage of the last-mentioned number.
(4) Where the Board determines or amends fees in accordance with this section, it shall give notice of the fees in at least one newspaper circulating in the State, not less than 8 weeks before the fees come into effect.
(5) Fees determined in accordance with regulations under the Act of 1977, as amended, shall continue to be payable to the Board in accordance with those regulations until such time as the Board determines fees in accordance with this section.
(6) Where a fee is payable to the Board in respect of an appeal to it or a request for an oral hearing of an appeal under section 66 , or under section 8 of the Act of 1977, as amended, the Board shall not entertain or consider the said appeal or request until the fee is received by the Board, and where a period is prescribed for the making of such an appeal, unless the fee is received by the Board before the expiration of that period.
num: 104
paragraphs: — (1) A person shall not, except with the consent of a relevant water services authority and following an application for the purposes of this section to that authority, erect or commence to erect, or cause to be so erected, any structure—
(a) over, or
(b) so close to as to cause a risk to, or interfere with, the structural integrity of or access to,
a sewer, drain, water main, distribution system, service connection or related accessories which are owned, controlled or used by another person.
(2) The obligation in subsection (1) shall apply notwithstanding any provision in any other enactment in relation to control of development, building standards or practices, or any related exemptions.
(3) A relevant water services authority may grant a consent under subsection (1) where it is satisfied that—
(a) adequate access to the pipes and related accessories affected will remain available for maintenance or renewal purposes,
(b) human health and the environment are adequately protected, and
(c) the structural integrity of the pipes and related accessories affected, and access to water services through them, will not be adversely affected,
and it may include in a consent such conditions as it considers necessary for these purposes.
(4) Where a structure to which this section applies is commenced or erected without a consent under subsection (1), or in contravention of such a consent, a relevant water services authority may by notice to the person who erected or commenced to erect the structure or caused it to be erected, or to any other person who for the time being owns the structure, direct that remedial action be taken within a specified period, including—
(a) provision of such alternative sewers, drains, water mains, distribution systems, service connections or accessories as it may specify,
(b) re-routing around the structure of such pipes as may be affected,
(c) provision of alternative or additional access to such pipes as may be affected,
(d) demolition or alteration of the structure, or
(e) incidental and related requirements.
(5) A relevant water services 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 a notice issued by the authority under subsection (4), and the Court may grant such order as it sees fit, in such manner as to achieve the purposes set out in subsection (3), including an order requiring provision of alternative pipes or related access, re-routing of pipes, or removal or alteration of a related structure within a specified period.
(6) It shall be a defence to a prosecution for a contravention of subsection (1), that all reasonable inquiry was made to ascertain the existence of any relevant pipe or related accessory before a structure to which this section refers was erected, or commenced to be erected, over it.
(7) Without prejudice to subsection (5), and whether or not a prosecution has been taken under this section, where a person on whom a notice is served under subsection (4) fails to carry out the required remedial action within the period specified in that notice or to complete any works specified in an injunction of the High Court under subsection (5), the water services authority which issued the notice, or a person authorised on its behalf, may enter the relevant land, carry out the remedial action or complete the specified works, and recover the cost from the person who fails to comply with the notice or injunction.
(8) A water services authority may charge a fee to an applicant for a consent under this section in respect of the estimated cost of processing the application, including the cost of related investigation and inspection costs, and such fee shall be recoverable from the person making the application.
(9) A water services authority may recover any costs incurred by it in connection with the exercise of its functions under subsection (4) from the person to whom the notice under that subsection is addressed.
(10) For the purposes of this section, “relevant water services authority” means the water services authority in whose functional area a structure referred to is erected or to be erected.
(11) Regulations under section 18 may provide for—
(a) the form of an application for a consent under subsection (1),
(b) the information to be provided with any such application,
(c) the time limits relating to such application, including time limits relating to—
(i) consideration of such an application, and
(ii) notification of a decision on such an application.
(12) A person who contravenes subsection (1) or who fails to comply with a notice under subsection (4) commits an offence.
num: 105
paragraphs: — (1) A water services authority shall not charge for water supplied to or discharged by—
(a) a household, which is used by that household for domestic purposes, or
(b) a person, other than another water services authority, providing water services to a household for domestic purposes.
(2) Subject to subsections (1) and (4), and any regulations under section 106 , a water services authority shall charge for all costs associated with the provision of water services provided, whether within or outside its functional area, by it or a person providing water services jointly with it or on its behalf.
(3) Subject to any regulations under section 106 , a charge under subsection (2) may be fixed from time to time by the water services authority, by reference to one or more of the following:
(a) the quantity of water supplied;
(b) the volume and strength of waste water discharged to a sewer;
(c) the purpose for which water supplied is used;
(d) such other criteria as may be prescribed.
(4) (a) A water services authority may, subject to such criteria as may be specified or direction as may be made by the Minister for such purposes, if the authority is satisfied that it is appropriate to so do on grounds of personal hardship or quality of water supplied, waive a charge made under this section.
(b) Where a charge is waived under paragraph (a), the liability of a person to pay such charge and any obligation on the water services authority by whom the waiver was made to collect such charge shall cease.
(c) In this subsection “ charge ” includes portion of a charge.
(5) (a) A charge under this section shall be paid by and recoverable from the person to whom the water services concerned are provided.
(b) For the purposes of this section and subject to paragraph (c), where a premises to which water services are provided is let, then the occupier of the premises to which water services are provided shall be deemed to be the person to whom the water services are provided, unless the occupier concerned proves to the contrary.
(c) Where after reasonable inquiry, a water services authority cannot establish the identity of the occupier of a premises to which water services are provided, then the owner of the premises shall be deemed to be the person to whom the water services are provided, unless the owner proves that the water services are provided to another specified person.
(d) In this subsection, a reference to a premises which is let includes a reference to a part of such premises which is sublet.
(6) A water services authority may appoint an agent to collect water services charges on its behalf, and that person shall be deemed to be an authorised person for the purposes of this section, and references in this section to a water services authority shall be construed, where appropriate, as including such agent.
(7) Where a charge under this section is calculated by reference to the quantity of water supplied or waste water discharged, then the water services authority, or person providing water services jointly with it or on its behalf, may—
(a) supply the water by measure, in which case a meter shall be used to measure the quantity of the supply, or
(b) measure the discharge, in which case the waste water discharge shall be discharged via a meter,
and Part 5 shall apply to the metering of such supply or discharge.
(8) For the purposes of this section, in the absence of evidence to the contrary or of an agreement otherwise entered into between a water services authority and a person to whom water services are provided, the quantity of waste water discharged from a premises may be deemed to equal the quantity of water supplied to that premises.
(9) (a) A charge under this section for water services to be provided otherwise than by measure shall—
(i) be payable in respect of any year to the water services authority in 2 equal instalments on or before the 1st day of January and the 1st day of July of that year, or in such other manner as the water services authority to whom the charge is payable shall determine, and
(ii) in default of being paid within 2 months after becoming payable, be recoverable as a simple contract debt in any court of competent jurisdiction.
(b) A charge under this section for water services supplied by measure shall—
(i) be payable on demand to the water services authority, and
(ii) in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
(10) A water services authority, or a person providing water services jointly with it or on its behalf and having received authority from the water services authority, may discontinue or restrict a related supply of water to a person where a charge under this section for water services provided to that person remains wholly or partly unpaid on the expiration of 2 months after becoming payable, and—
(a) the cost of the discontinuance shall be recoverable in any proceedings for the recovery of the charge,
(b) the cost of re-connection shall be payable by the person liable for the charge.
(11) Without prejudice to subsection (1), where water services provided by a water services authority, or jointly with it or on its behalf, constitute, or may constitute, services to a household for domestic purposes and other purposes, the water services authority may make such estimation as it considers reasonable of the proportion of those services which is used for domestic purposes, and may have regard to any such estimation in determining whether, and on what basis, to make a charge for provision of water services under this section.
(12) Any reference in this Act to provision of water services for domestic purposes shall be construed as a reference to provision of water services for day to day domestic requirements including drinking, washing and sanitation, but exclusive of water services used for—
(a) agriculture or horticulture,
(b) any trade, industry or business,
(c) any purpose incidental to a household or private garden (including washing a private vehicle) if the water is drawn otherwise than from a tap inside the household or if a hosepipe or similar apparatus is used,
(d) central heating other than central heating of a household,
(e) apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating water.
(13) In this section—
“ household ” means a building or part of a building used by a person as his or her place of private residence (whether as his or her principal place of such residence or not) and includes accommodation provided in such a residence to one or more students to enable them to pursue their studies on a fulltime basis but does not include any part of a building used for the provision, for the purposes of reward, with a view to profit or otherwise in the course of business, of accommodation, including self-catering accommodation, (other than accommodation provided in a place of private residence aforesaid to one or more students for the purposes aforesaid) unless the person to whom the accommodation is so provided uses the accommodation as his or her principal place of private residence;
“ water services ” includes abstraction or impoundment of water for supply.
num: 106
paragraphs: — (1) The Minister may make regulations for the purpose of section 105 .
(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following:
(a) varied rates of unit charges to be applied in proportion to the volume of water supplied or the volume or strength of waste water discharged;
(b) fixing a minimum or maximum limit for charges;
(c) criteria for the achievement of full cost recovery;
(d) criteria for the allocation of charges among tenants in multi-occupancy premises;
(e) criteria for estimating elements of a charge subject to their subsequent adjustment, if necessary, and consequent offset from or addition to a future charge;
(f) criteria for the apportionment of the costs of water services provided to a household as between domestic and other purposes;
(g) criteria for deciding what level of provision may reasonably be regarded as necessary for the domestic purposes of a household;
(h) certification or provision of proof by a specified person that a particular premises is used as his or her principal place of residence;
(i) measures necessary to verify the volume of intake of water supply or the volume or strength of waste water discharges;
(j) procedures to be followed in relation to collection of charges under section 105 , including the appointment of an agent to collect such charges;
(k) the design and layout of related forms.
num: 107
paragraphs: — The Act of 1992 is amended—
(a) by substituting the following for section 58:
“Drinking water.
num: 58
paragraphs: — (1) The Agency may request a water services authority to submit to it in such manner and at such times as it may direct, such information as the Agency may specify in relation to the management and treatment, and the monitoring of compliance with prescribed quality standards and other parametric values, of water intended for human consumption.
(2) The Agency shall arrange for, carry out or cause to be carried out, such inspection, auditing or monitoring as it considers necessary to verify information (including monitoring results) transmitted to it under subsection (1).
(3) The Agency shall, in relation to each year, prepare and submit to the Minister a report on—
(a) the monitoring, together with an assessment of the results, referred to in subsection (1) or (2), and
(b) the implementation by the Agency of section 58A,
and the report shall include such recommendations as seem to it to be appropriate.
(4) Each report under subsection (3) shall be laid by the Minister before each House of the Oireachtas and shall be published by the Agency.
(5) In this section and section 58A ‘parametric values’ and ‘water services authority’ have the meanings assigned to them, respectively, in section 2 of the Water Services Act 2007.
Performance by water services authorities of statutory functions in relation to drinking water.
58A.— (1) Notwithstanding section 30 of the Water Services Act 2007, the Agency shall—
(a) monitor compliance with prescribed water quality standards and other parametric values of water supplied by or on behalf of a water services authority for human consumption, and
(b) be responsible for enforcement of compliance with such standards.
(2) Without prejudice to subsection (1), and with a view to achieving the satisfactory compliance with relevant prescribed water quality standards and other parametric values of water intended for human consumption supplied by the water services authority concerned, the Agency may, having exercised its powers under subsection (1) or (2) of section 58 and considered any information furnished to, or otherwise coming into its possession in consequence of that exercise, do all or any of the following:
(a) issue such advice, directions or recommendations to the water services authority, as it considers necessary;
(b) provide, on such terms and conditions as may be agreed, such assistance, support or guidance as the Agency considers, after consultation with the water services authority, would be helpful.
(3) (a) Notwithstanding any other provision of this section, where the Agency is of the opinion in respect of water for human consumption supplied by or on behalf of a water services authority that—
(i) there has been a breach of prescribed water quality standards or other parametric values,
(ii) the water contains a substance or micro-organism for which no water quality standard exists, or
(iii) a standard of efficiency of related disinfection equipment exists,
that constitutes, or may constitute, a risk to public health, then the Agency may issue such direction to the relevant water services authority as it considers necessary to ensure that appropriate measures are taken for the purposes of preventing, limiting, eliminating or abating such risk.
(b) A water services authority shall comply with any direction to it under paragraph (a).
(4) (a) Where the Agency, having reviewed the information—
(i) submitted to it in accordance with section 58(1), or
(ii) obtained during the course of inspection, auditing or monitoring carried out under section 58(2),
is of the opinion that a water services authority has failed adequately to carry out monitoring of its water supplies or related distribution networks, then the Agency shall direct the water services authority to arrange for such monitoring to be carried out adequately.
(b) A water services authority shall comply with any direction to it under paragraph (a).
(5) Where a water services authority fails to comply with a direction issued under subsection (2), (3) or (4), the Agency may arrange, carry out or cause to be carried out such action as it considers necessary to ensure compliance with the direction. The costs of such action may be recovered by the Agency from the water services authority concerned as a simple contract debt in any court of competent jurisdiction.
(6) A water services authority commits an offence if—
(a) it fails to comply with a request under section 58(1), or
(b) it fails to comply with a direction under subsection (2), (3) or (4).
(7) The Agency may apply to the High Court in a summary manner for an order against a water services authority to direct compliance with a request under section 58(1), or a direction under subsection (3), and the Court may grant such order as it considers appropriate.”,
(b) in section 59 by inserting the following after subsection (8):
“(9) In this section a reference to a sanitary authority shall be construed, subject to the discretion of the Minister in relation to regulations under subsection (5), as including a reference to any person acting on behalf of or jointly with a sanitary authority.”,
(c) in section 60 by inserting the following after subsection (2):
“(3) In this section, a reference to a sanitary authority shall be construed as including a reference to any person acting on behalf of or jointly with a sanitary authority.”,
(d) in section 61 by inserting the following after subsection (3):
“(4) In this section, a reference to a sanitary authority shall be construed as including a reference to any person acting on behalf of or jointly with a sanitary authority.”,
and
(e) in Part IV (inserted by section 15 of the Protection of the Environment Act 2003 )—
(i) in section 84(1)—
(I) by deleting “or” in paragraph (b) and by substituting “the Fisheries (Consolidation) Act 1959 , or” for “the Fisheries (Consolidation) Act 1959 ,” in paragraph (c), and
(II) by inserting the following after paragraph (c):
“(d) section 63 or 81 of the Water Services Act 2007.”,
(ii) in section 84(2)—
(I) by deleting “or” in paragraph (b) and by substituting “the Fisheries (Consolidation) Act 1959 , or” for “the Fisheries (Consolidation) Act 1959 ,” in paragraph (c), and
(II) by inserting the following after paragraph (c):
“(d) section 63 or 81 of the Water Services Act 2007,”,
(iii) in section 87 by deleting subsection (10) and substituting the following:
“(10) (a) Subject to paragraph (b), a person shall not, by application for judicial review or in any other legal proceedings whatsoever, question the validity of a decision of the Agency to grant or refuse a licence or revised licence (including a decision of it to grant or not to grant such a licence on foot of a review conducted by it of its own volition) unless the proceedings are instituted within the period of 8 weeks beginning on the date on which the licence or revised licence is granted or the date on which the decision to refuse or not to grant the licence or revised licence is made.
(b) Where, on application to the High Court, the Court considers that in the particular circumstances there is good and sufficient reason for doing so, the Court may extend the period referred to in paragraph (a).”,
(iv) in section 99B(1)(a)—
(I) by deleting “or” in subparagraph (ii) and by substituting “the Fisheries (Consolidation) Act 1959 , or” for “the Fisheries (Consolidation) Act 1959 ,” in subparagraph (iii), and
(II) by inserting the following after subparagraph (iii):
“(iv) section 63 or 81 of the Water Services Act 2007,”,
(v) in section 99E by inserting the following after subsection (5):
“(6) In this section, a reference to a sanitary authority shall be construed as including a reference to any person acting on behalf of or jointly with a sanitary authority.”,
and
(vi) in section 99G(1)—
(I) by deleting “or” in subparagraph (b) and by substituting “the Fisheries (Consolidation) Act 1959 , or” for “the Fisheries (Consolidation) Act 1959 ,” in paragraph (c), and
(II) by inserting the following after paragraph (c):
“(d) section 63 or 81 of the Water Services Act 2007,”.
num: 108
paragraphs: — The Schedule to the Housing Finance Agency Act 1981 (inserted by section 17 of the Housing (Miscellaneous Provisions) Act 2002 ) is amended by inserting “Water Services Act 2007” after “Water Supplies Act 1942”.
num: 109
paragraphs: — The Act of 1977 is amended—
(a) in section 4(1) by inserting the following paragraph after paragraph (b):
“(c) In this subsection a discharge to waters includes a discharge from a septic tank or other waste water treatment system to a percolation area or to soil.”,
(b) in section 6(2) by substituting the following for paragraph (f) and paragraph (g) (inserted by the Local Government (Water Pollution) Act 1977 (Transfer of Appeals) Order 1978 ( S.I. No. 96 of 1978 )):
“(f) requiring an applicant to defray or contribute towards the cost of investigation carried out by a local authority in relation to an application;
(g) the oral hearing of any appeal to An Bord PleanÃ¡la and any such oral hearing conducted by it or by a person appointed for that purpose by it;
(h) procedural matters in relation to appeals;
(i) related ancillary and incidental matters.”.
num: 110
paragraphs: — (1) The Act of 1977 (as amended by the Act of 1990) is amended—
(a) in section 3 by substituting the following for subsection (2):
“(2) A person who contravenes subsection (1) commits an offence and is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €15,000,000 or imprisonment for a term not exceeding 5 years, or both.”,
(b) in section 4 by substituting the following for subsection (8):
“(8) A person who contravenes subsection (1) commits an offence and is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.”,
(c) in section 6 by substituting the following for subsection (3)(a):
“(3) (a) A person who, in relation to an application for a licence under section 4 or an appeal under section 8, when—
(i) furnishing information under this section, or
(ii) verifying any such information,
makes a statement in writing which is false or to such person’s knowledge 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.”,
(d) in section 10 by substituting the following for subsection (2):
“(2) Without prejudice to any power of a court to enforce orders made by it, a person who does not comply with an order under subsection (1) 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.”,
(e) in section 12 by substituting the following for subsection (4):
“(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.”,
(f) in section 14 by substituting the following for subsection (2):
“(2) A person who fails to comply with subsection (1) 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.”,
(g) in section 16—
(i) by substituting the following for subsection (8):
“(8) A person who contravenes subsection (1) or (7) commits an offence and is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.”,
and
(ii) by substituting the following for subsection (13A):
“(13A) Where a notice under this section is not complied with, 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.”,
(h) in section 19 by substituting the following for subsection (3)(a):
“(a) A person who, in relation to an application for a licence under section 16 or an appeal under section 20, when furnishing information under this section or when verifying any such information, makes a statement which is false or to such person’s knowledge 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.”,
(i) in section 23 by substituting the following for subsection (4):
“(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.”,
(j) in section 26A (inserted by section 66(1) of the Act of 1996) by substituting the following for subsection (3):
“(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.”,
(k) in section 27 by substituting the following for subsection (3):
“(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.”,
and
(l) in section 28 by—
(i) substituting the following for subsection (3A)(b):
“(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.”,
and
(ii) by substituting the following for subsection (4):
“(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.”.
(2) The Act of 1990 is amended—
(a) in section 21 by substituting the following for subsection (3):
“(3) (a) A person who contravenes or fails to comply with bye-laws under subsection (2) commits an offence.
(b) A person who commits an offence under this subsection 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) if the offence is a contravention of or a failure to comply with a bye-law prohibiting the carrying on of a specified activity or a bye-law relating to a matter referred to in subsection (2)(c), on conviction on indictment to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.”,
and
(b) in section 21A (inserted by section 66(3) of the Act of 1996) by substituting the following for subsection (11):
“(11) A person who fails to comply with a notice under subsection (1) or (8) within the period specified in the notice commits an offence and is liable on summary conviction to a fine not exceeding €5,000.”.
num: 111
paragraphs: — A person guilty of an offence under section 171 or 172 of the Fisheries (Consolidation) Act 1959 is liable, in lieu of the penalties specified in section 25 of the Act of 1990—
(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.
num: 112
paragraphs: — The Water Supplies Act 1942 is amended—
(a) by substituting the following for section 2:
“Power of making proposal to take a supply of water.
num: 2
paragraphs: — Whenever a sanitary authority desires to take from a source of water (whether within or without its sanitary district) a supply of water for the purpose of increasing, extending, or providing a supply of water under the Local Government (Sanitary Services) Acts 1878 to 2001, or the Water Services Act 2007, they may make, under and in accordance with this Act, a proposal for so taking such supply from such source of water.”,
(b) by substituting the following for section 13(1)(b):
“(b) to use such supply for the purpose of increasing, extending, or providing under the Local Government (Sanitary Services) Acts 1878 to 2001, or the Water Services Act 2007, a supply of water, and”,
and
(c) by substituting the following for section 23:
“Expenses of sanitary authority.
num: 23
paragraphs: — Any expenses incurred by a sanitary authority under this Act for the purposes of increasing, extending or providing a supply of water under the Local Government (Sanitary Services) Acts 1878 to 2001, or the Water Services Act 2007, shall be raised and defrayed as part of the expenses incurred by such sanitary authority under any of those Acts for the said purpose.”.
num: 113
paragraphs: — The Local Government (Financial Provisions) (No. 2) Act 1983 is amended in section 1(1) (as amended by section 2 of the Local Government (Financial Provisions) Act 2000 ) by the substitution for the definition of “existing enactment” of the following definition:
“ ‘ existing enactment ’ means an enactment in force on, or at any time after the commencement of, this Act;”.
num: 114
paragraphs: — The Act of 2000 is amended—
(a) in section 10, by substituting the following for subsection (2)(b):
“(b) the provision or facilitation of the provision of infrastructure including—
(i) transport, energy and communication facilities,
(ii) water supplies and waste water services (regard having been had to the water services strategic plan for the area made in accordance with the Water Services Act 2007),
(iii) waste recovery and disposal facilities (regard having been had to the waste management plan for the area made in accordance with the Waste Management Act 1996 ), and
(iv) any ancillary facilities or services;”,
and
(b) in section 180—
(i) in subsection (1) by substituting “service connections (within the meaning of the Water Services Act 2007)” for “drains” and “water mains” for “watermains”, and
(ii) in subsection (4) by substituting “service connections (within the meaning of the Water Services Act 2007)” for “drains” and “water mains” for “watermains”.
num: 115
paragraphs: — The Act of 2001 is amended by substituting the following for Schedule 12:
“Section 63.
num: 116
paragraphs: — The Housing of the Working Classes Act 1885 is amended by inserting the following new section after section 7:
“Interpretation of section 7.
7A.— Section 7 shall not be construed as providing a right for the receipt of water services in excess of that which may be construed from the Water Services Act 2007.”.