Water Services Act 2007


Number 30 of 2007


WATER SERVICES ACT 2007

REVISED

Updated to 22 October 2018


This Revised Act is an administrative consolidation of the Water Services Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018), made 18 October 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 30 of 2007


WATER SERVICES ACT 2007

REVISED

Updated to 22 October 2018


Introduction

This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Environmental Protection Agency Acts 1992 to 2011 : this Act is one of a group of Acts included in this collective citation, to be cited together as one ( Environmental Protection Agency Act 1992 (First Schedule) (Amendment) Regulation 2011 (S.I. No. 308 of 2011), reg. 2.) The Acts in this group are:

Environmental Protection Agency Act 1992 (7/1992)

Protection of the Environment Act 2003 (27/2003), Part 2

Water Services Act 2007 (30/2007), ss. 1(2) and 107

Environmental Protection Agency Act 1992 (First Schedule) (Amendment) Regulations 2011 (S.I. No. 308 of 2011)

Fisheries Acts 1959 to 2007 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Water Services Act 2007 (30/2007), s. 1(5)). The Acts in this group are:

Fisheries (Consolidation) Act 1959 (14/1959)

Fisheries (Amendment) Act 1962 (31/1962)

Fisheries (Amendment) Act 1964 (23/1964)

Fisheries (Amendment) Act 1976 (23/1976)

Fisheries Act 1980 (1/1980)

Fisheries (Amendment) Act 1987 (14/1987)

Fisheries (Amendment) (No. 2) Act 1987 (32/1987)

Local Government (Water Pollution) (Amendment) Act 1990 (21/1990)

Fisheries (Amendment) Act 1991 (26/1991)

Fisheries (Amendment) Act 1994 (23/1994)

Fisheries (Amendment) Act 1995 (27/1995)

Fisheries (Commissions) Act 1997 (1/1997)

Fisheries (Amendment) Act 1997 (23/1997)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), ss. 2 to 4 and, in so far as they relate to those sections, ss. 1 and 7

Fisheries (Amendment) Act 1999 (35/1999)

Fisheries (Amendment) Act, 2001 (40/2001)

Fisheries (Amendment) Act 2003 (21/2003), other than s. 32 and s. 2 in so far as it relates to s. 32

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), other than Part 3 and sections 100, 102, 103 and 104

Water Services Act 2007 (30/2007), ss. 1(5) and 111

Acts previously included in the group but now repealed are:

Fisheries (Amendment) Act 1974 (25/1974)

Fisheries (Amendment) Act 1978 (18/1978)

Fisheries (Amendment) Act 1983 (27/1983)

Fisheries (Amendment) Act 2000 (34/2000)

Housing Finance Agency Acts 1981 to 2007 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Water Services Act 2007 (30/2007), s. 1(3)). The Acts in this group are:

Housing Finance Agency Act 1981 (37/1981)

Housing Finance Agency (Amendment) Act 1982 (27/1982)

Housing Finance Agency (Amendment) Act 1985 (20/1985)

Housing Finance Agency (Amendment) Act 1988 (1/1988)

Housing (Miscellaneous Provisions) Act 1992 (18/1992), ss. 14, 15, 29 and 38(3)

Water Services Act 2007 (30/2007), ss. 1(3) and 108

Inland Fisheries Acts 1959 to 2017 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Inland Fisheries Act 2017 (16/2017), s. 5(3)). The Acts in this group are:

Fisheries (Consolidation) Act 1959 (14/1959)

Fisheries (Amendment) Act 1962 (31/1962)

Fisheries (Amendment) Act 1964 (23/1964)

Fisheries (Amendment) Act 1976 (23/1976)

Fisheries Act 1980 (1/1980)

Fisheries (Amendment) Act 1987 (14/1987)

Fisheries (Amendment) Act (No. 2) Act 1987 (32/1987)

Fisheries (Amendment) Act 1991 (26/1991)

Fisheries (Amendment) Act 1994 (23/1994)

Fisheries (Amendment) Act 1995 (27/1995)

Fisheries (Commissions) Act 1997 (1/1997)

Fisheries (Amendment) Act 1997 (23/1997), (insofar as it relates to IFI)

Fisheries (Amendment) Act 1999 (35/1999)

Water Services Act 2007 (30/2007), s. 111

Inland Fisheries Act 2010 (10/2010)

Inland Fisheries (Amendment) Act 2017 (16/2017)

Local Government Acts 1925 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 1(2)(c)). The Acts in this group are:

Local Government Act 1925 (5/1925)

Local Government Act 1927 (3/1927)

Local Government Act 1941 (23/1941)

Local Government Act 1946 (24/1946)

Local Government Act 1955 (9/1955)

Local Government (No. 2) Act 1960 (40/1960)

Local Government (Buncrana) Act 1968 (2/1968)

Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Local Government Acts 1925 to 1968

Local Government (Financial Provisions) Act 1978 (35/1978)

Local Government (Financial Provisions) Act 1983 (10/1983)

Local Government (Financial Provisions) (No. 2) Act 1983 (21/1983)

Local Government (Reorganisation) Act 1985 (7/1985)

Local Government Act 1991 (11/1991)

Local Government Act 1994 (8/1994)

Local Government (Financial Provisions) Act 1997 (29/1997)

Local Government Act 1998 (16/1998)

Local Government (Financial Provisions) Act 2000 (6/2000)

Local Government Act 2001 (37/2001), other than ss. 163, 164 and 211 and Parts 23 and 24

Local Government Act 2003 (8/2003)

Local Government (No.2) Act 2003 (17/2003)

Electoral (Amendment) Act 2004 (15/2004), s. 34

Local Government (Business Improvement Districts) Act 2006 (42/2006), ss. 2 to 7

Water Services Act 2007 (30/2007), ss. 1(7), 13 and 115

Copyright and Related Rights (Amendment) Act 2007 (39/2007), Part 3

Local Government (Miscellaneous Provisions) Act 2012 (17/2012), Part 4

Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 9

Local Government Reform Act 2014 (1/2014), other than s. 1(3)-(8), s. 5(3)-(5) and sch. 2

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), ss. 1(2)(c), 52

Local Government (Water Pollution) Acts 1977 to 2007 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Water Services Act 2007 (30/2007), s. 1(4)). The Acts in this group are:

Local Government (Water Pollution) Act 1977 (1/1977)

Local Government (Water Pollution) Act 1990 (21/1990)

Water Services Act 2007 (30/2007), ss. 1(4), 109 and 110

Planning and Development Acts 2000 to 2018 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Planning and Development (Amendment) Act 2018 (16/2018), s. 1(2)). The Acts in this group are:

Planning and Development Act 2000 (30/2000)

Local Government Act 2001 (37/2001), ss. 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000) and s. 247

Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3

Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

Water Services Act 2007 (30/2007), ss. 114 and 1(6)

Harbours (Amendment) Act 2009 (26/2009), ss. 7(1) and (2) and s. 21(3)

Planning and Development (Amendment) Act 2010 (30/2010), other than Part 3

Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)

Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5

Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8

Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and sch. 2, part 4.

Urban Regeneration and Housing Act 2015 (33/2015)

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), other than s. 1(2)(b), (c) and sch. parts 3-5

Planning and Development (Amendment) Act 2017 (20/2017)

Planning and Development (Amendment) Act 2018 (16/2018), other than Part 4 and sch. 3 ref. nos. 12-18

Water Services Acts 2007 to 2017 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Water Services Act 2017 (29/2017), s. 1(2)). The Acts in this group are:

Water Services Act 2007 (30/2007)

Water Services (Amendment) Act 2012 (2/2012)

Water Services Act 2013 (6/2013)

Water Services (No. 2) Act 2013 (50/2013)

Water Services Act 2014 (44/2014)

Environment (Miscellaneous Provisions) Act 2015 (29/2015), Part 10

Water Services Act 2017 (29/2017)

Annotations

This revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Planning and Development (Amendment) Act 2018 (16/2018)

Water Services Act 2017 (29/2017)

Environment (Miscellaneous Provisions) Act 2015 (29/2015)

Water Services Act 2014 (44/2014)

Local Government Reform Act 2014 (1/2014)

Water Services (No. 2) Act 2013 (50/2013)

Electoral, Local Government and Planning and Development Act 2013 (27/2013)

Water Services Act 2013 (6/2013)

Local Government (Miscellaneous Provisions) Act 2012 (17/2012)

Water Services (Amendment) Act 2012 (2/2012)

Environment (Miscellaneous Provisions) Act 2011 (20/2011)

Inland Fisheries Act 2010 (10/2010)

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2018 (S.I. No. 2 of 2018)

Water Services Act 2007 (Threshold Amount and Allowance Amount) Order 2017 (S.I. No. 597 of 2017)

Domestic Waste Water Treatment Systems (Financial Assistance) Regulations 2013 (S.I. No. 222 of 2013)

Planning and Development (Amendment) Regulations 2013 (S.I. No. 219 of 2013)

Water Services Act 2007 (Appointment of Inspectors) Regulations 2013 (S.I. No. 190 of 2013)

Water Services Act 2007 (Re-inspection) Regulations 2013 (S.I. No. 189 of 2013)

Domestic Waste Water Treatment Systems (Registration) (Amendment) Regulations 2013 (S.I. No. 180 of 2013)

European Union (Inspection Plan) Regulations 2013 (S.I. No. 38 of 2013)

Water Services Act 2007 (Registration and Inspections) Regulations 2012 (S.I. No. 384 of 2012)

Water Services Acts 2007 and 2012 (Domestic Waste Water Treatment Systems) Regulations 2012 (S.I. No. 223 of 2012)

Domestic Waste Water Treatment Systems (Registration) Regulations 2012 (S.I. No. 220 of 2012)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Environmental Protection Agency Act 1992 (First Schedule)(Amendment) Regulations 2011 (S.I. No. 308 of 2011)

Water Services Act 2007 (Waste Water Compliant Notice Form) Regulations (S.I. No. 141 of 2009)

Water Services Act 2007 (Commencement) Order 2009 (S. I. No. 139 of 2009)

European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008)

Water Services Act 2007 (Commencement) Order 2008 (S. I. No. 528 of 2008)

Water Conservation Regulations 2008 (S.I. No. 527 of 2008)

National Rural Water Services Committee (Establishment Day) Order 2008 (S.I. No. 522 of 2008)

National Rural Water Services Committee Regulations 2008 (S.I. No. 510 of 2008)

Water Services Act 2007 (Commencement) Order 2007 (S. I. No. 846 of 2007)

All statutory instruments up to and including Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018), made 18 October 2018, were considered in the preparation of this revision.


Number 30 of 2007


WATER SERVICES ACT 2007

REVISED

Updated to 22 October 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations and construction.

2. Interpretation.

3. Commencement.

4. Repeals and revocation.

5. Directives.

6. Provision of information.

7. Obligation to give information on ownership.

8. Offences and penalties.

9. Prosecution of offences.

10. Cost of prosecutions.

11. Payment of certain fines to prosecuting authorities.

12. Obstruction.

13. Onus of proof.

14. Offences by bodies corporate.

15. Expenses of Minister.

16. Grants by Minister.

17. Schemes of financial assistance.

18. Regulations, orders and directions.

19. Service of notices.

20. Owners, occupiers, etc.

21. Powers of examination, investigation and survey.

22. Powers of authorised persons.

23. Time limits.

24. Records.

25. Register.

26. Provision of services.

27. Transfer or extension of functions.

28. Injunctive relief.

29. Immunity.

PART 2

General Functions

30. General functions of Minister.

31. Powers of a water services authority.

32. General functions of water services authorities in relation to provision of water services.

33. Connections to waterworks or waste water works.

34. Guidelines and codes of practice.

35. Guidelines and codes of practice in criminal proceedings.

36. Water services strategic plan.

37. Functions of Minister in relation to water services strategic plans.

38. Implementation of a water services strategic plan or any revision thereof.

39. Transfer of functions from sanitary authorities.

40. Joint provision of water services.

41. Installation of pipes.

42. Requirement to connect to waterworks or waste water works.

43. Connections.

44. Repairs to service connections.

45. Damage to pipes.

46. Obligations under other enactments.

47. Monitoring and inspection.

48. Consultation.

49. Map of works.

50. Agreement to take over proposed waterworks or waste water works.

51. Temporary interruption to water services.

52. Recovery of sums due.

PART 3

Water Supply

53. Misuse of water supplies.

53A. Review by Commission of rate of demand for water services provided to dwellings.

53B. Threshold amount and allowance amount.

53C. Provision of water services exceeding threshold amount.

53D. Notice of provision of water services exceeding threshold amount.

53E. Allowance for household size.

53F. Exemption where certain medical need.

54. General duties of an owner.

55. Connection to a water supply.

56. Conservation of water.

57. Pollution of water.

58. Taking samples of water.

59. Power to order the closure of a polluted water source.

PART 4

Waste Water

60. Maintenance of waste water works.

61. Waste water connections.

62. Nuisances in sewers, drainage of premises, etc.

63. Licensing of discharges to sewers.

64. Transitional arrangements.

65. Review of a licence under section 63.

66. Appeals in relation to sections 63 and 65.

67. Regulations for purpose of sections 63 and 66.

68. Sewage facilities for vessels, etc.

69. Power to declare drains to be sewers for certain purposes.

70. General duties of an owner or occupier.

PART 4A

Domestic Waste Water Treatment

70A. Definitions.

70B. Register of domestic water treatment systems.

70C. Duties of owners premises connected to domestic waster water treatment systems.

70D. Sale of premises connected to domestic waster water treatment systems.

70E. Appointment of Inspectors.

70F. Register of Inspectors.

70G. Powers of Inspectors.

70H. Inspection of domestic waste water treatment systems.

70I. Supervision of water services authorities.

70J. Directions to Inspectors.

70K. National inspection plan.

70L. Regulations.

70M. Offences and penalties.

PART 5

Meters

71. Interpretation( Part 5).

72. Provision of meters.

73. Meter performance.

74. Interference with meters.

PART 6

Rural Water Services

Chapter 1

General administrative provisions

75. National Rural Water Services Committee.

76. County rural water services committees.

77. Rural water services strategic plans.

Chapter 2

Supervision of water services

78. Responsibility of water services authorities.

79. Water services licences.

80. Determination of an activity as a licensable water services activity.

81. Grant of a water services licence.

82. Water services authority to be licensing authority.

83. Conditions attached to a water services licence.

84. Review of a water services licence.

85. Revocation of a water services licence.

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

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

88. Regulations for the purposes of this Chapter.

89. Contravention of a condition of a water services licence.

90. Related licences.

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

92. Through connection to services, etc.

PART 7

Acquisition Provisions

93. Power to acquire land, etc.

94. Extension of acquisition powers.

95. Taking in charge or acquisition by agreement of waterworks or waste water works by a water services authority.

96. Compulsory acquisition of waterworks or waste water works by a water services authority.

PART 8

Miscellaneous

Chapter 1

Miscellaneous provisions concerning provision of water services

97. Laying of water mains, sewers, service connections and related cables and wires.

98. Alteration of sewers and pipelines by other persons.

99. Policy directions by Minister.

100. Emergency Orders.

101. Non-application of certain statutes.

102. Enabling power.

103. Determination by the Board of fees for certain appeals.

104. Building over pipes.

105. Power to make and fix charges for non-domestic water services.

106. Regulations for the purpose of section 105.

Chapter 2

Miscellaneous amendments

107. Amendment of Act of 1992.

108. Amendment of Housing Finance Agency Act 1981.

109. Amendment of Act of 1977.

110. Increase of penalties under Local Government (Water Pollution) Acts 1977 and 1990.

111. Increase of penalties under sections 171 and 172 of Fisheries (Consolidation) Act 1959.

112. Amendment of Water Supplies Act 1942.

113. Amendment of Local Government (Financial Provisions) (No. 2) Act 1983.

114. Amendment of Act of 2000.

115. Amendment of Act of 2001.

116. Amendment of Housing of the Working Classes Act 1885.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Discharge Pre-treatment Objectives


Acts Referred to

Abattoirs Act 1988

1988, No. 8

Air Pollution Act 1987

1987, No. 6

Air-raid Precautions Acts 1939 and 1946

Animals Act 1985

1985, No. 11

Arbitration Acts 1954 to 1998

Arterial Drainage Acts 1945 and 1995

Arts Act 2003

2003, No. 24

Bray Township Act 1866

29 & 30 Vic., c. 261

Building Control Act 1990

1990, No. 3

Canals Acts 1986 and 2005

Casual Trading Act 1995

1995, No. 19

Civil Defence Acts 1939 to 2002

Civil Liability Act 1961

1961, No. 41

Coast Protection Act 1963

1963, No. 12

Communications Regulation Act 2002

2002, No. 20

Control of Dogs Acts 1986 and 1992

Control of Horses Act 1996

1996, No. 37

Coroners Acts 1962 and 2005

Dangerous Substances Acts 1972 and 1979

Derelict Sites Act 1990

1990, No. 14

Dublin Corporation Waterworks Act 1861

24 & 25 Vic., c. 172

Dublin Corporation Waterworks Act 1874

37 & 38 Vic., c. 142

Dublin Docklands Development Authority Act 1997

1997, No. 7

Dublin Transport Authority (Dissolution) Act 1987

1987, No. 34

Electoral Acts 1992 to 2004

Environmental Protection Agency Act 1992

1992, No. 7

Environmental Protection Agency Acts 1992 and 2003

Equal Status Act 2000

2000, No. 8

European Communities Act 1972

1972, No. 27

Finance (Excise Duties) (Vehicles) Acts 1952 and 1960

Fire Services Acts 1981 and 2003

Fisheries Acts 1959 to 2006

Fisheries (Amendment) Act 1997

1997, No. 23

Fisheries (Consolidation) Act 1959

1959, No. 14

Food Safety Authority of Ireland Act 1998

1998, No. 29

Foreshore Acts 1933 to 2005

Gaming and Lotteries Acts 1956 to 2003

Harbours Acts 1946 to 2005

Harbours Acts 1996 to 2005

Health Acts 1947 to 2006

Health (Fluoridation of Water Supplies) Act 1960

1960, No. 46

Housing Acts 1966 to 2004

Housing Finance Agency Act 1981

1981, No. 37

Housing Finance Agency Acts 1981 to 1992

Housing (Miscellaneous Provisions) Act 2002

2002, No. 9

Housing of the Working Classes Act 1885

53 & 54 Vic., c. 70

Housing (Private Rented Dwellings) Acts 1982 and 1983

Intoxicating Liquor Act 2003

2003, No. 31

Licensing of Indoor Events Act 2003

2003, No. 15

Litter Pollution Acts 1997 to 2003

Local Authorities (Higher Education Grants) Acts 1968 to 1992

Local Authorities (Miscellaneous Provisions) Act 1936

1936, No. 55

Local Authorities (Mutual Assurance) Acts 1926 to 1935

Local Authorities (Officers and Employees) Acts 1926 to 1983

Local Authorities (Traffic Wardens) Acts 1975 and 1987

Local Authorities (Works) Act 1949

1949, No. 17

Local Elections Acts 1974 to 2004

Local Government Act 2001

2001, No. 37

Local Government Acts 1925 to 2006

Local Government (Collection of Rates) Act 1924

1924, No. 11

Local Government (Dublin) Act 1993

1993, No. 31

Local Government (Financial Provisions) Act 2000

2000, No. 6

Local Government (Financial Provisions) (No. 2) Act 1983

1983, No. 21

Local Government (Multi-Storey Buildings) Act 1988

1988, No. 29

Local Government (Rates) Act 1970

1970, No. 2

Local Government (Sanitary Services) Act 1948

1948, No. 3

Local Government (Sanitary Services) Act 1962

1962, No. 26

Local Government (Sanitary Services) Acts 1878 to 2001

Local Government (Superannuation) Act 1980

1980, No. 8

Local Government (Water Pollution) Act 1977

1977, No. 1

Local Government (Water Pollution) Acts 1977 and 1990

Local Government (Water Pollution) (Amendment) Act 1990

1990, No. 21

Malicious Injuries Acts 1981 and 1986

Metrology Acts 1980 to 1998

Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003

2003, No. 39

National Monuments Acts 1930 to 2004

Organisation of Working Time Act 1997

1997, No. 20

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Planning and Development Act 2000

2000, No. 30

Planning and Development Acts 2000 to 2006

Pounds (Provision and Maintenance) Act 1935

1935, No. 17

Presidential Elections Acts 1992 to 2004

Protection of the Environment Act 2003

2003, No. 27

Public Health Acts Amendment Act 1890

53 & 54 Vic., c. 59

Public Health Acts Amendment Act 1907

7 Edw. 7, c. 53

Public Health (Ireland) Act 1878

41 & 42 Vic., c. 52

Public Health (Ireland) Act 1896

59 & 60 Vic., c. 54

Roads Act 1993

1993, No. 14

Roads Acts 1993 to 2001

Road Traffic Acts 1961 to 2006

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Seanad Electoral (Panel Members) Acts 1947 to 2001

State Authorities (Public Private Partnership Arrangements) Act 2002

2002, No. 1

Town Renewal Act 2000

2000, No. 18

Údarás na Gaeltachta Acts 1979 to 1999

Universities Acts 1997 and 1999

Urban Renewal Act 1998

1998, No. 27

Urban Renewal Acts 1986 and 1987

Valuation Act 2001

2001, No. 13

Vocational Education Acts 1930 to 2001

Waste Management Act 1996

1996, No. 10

Waste Management Acts 1996 to 2003

Water Rate Definition Act 1885

48 & 49 Vic., c. 34

Water Supplies Act 1942

1942, No. 1

Waterworks Clauses Act 1847

10 & 11 Vic., c. 17

Waterworks Clauses Act 1863

26 & 27 Vic., c. 93


Number 30 of 2007


WATER SERVICES ACT 2007

REVISED

Updated to 22 October 2018


AN ACT TO PROVIDE, IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROVISION OF WATER SERVICES; TO GIVE EFFECT TO CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES IN RESPECT OF THOSE SERVICES AND, IN ADDITION, TO MAKE PROVISION FOR MISCELLANEOUS AMENDMENTS TO THE LOCAL GOVERNMENT (WATER POLLUTION) ACTS 1977 AND 1990 AND THE FISHERIES (CONSOLIDATION) ACT 1959 AND THE ENVIRONMENTAL PROTECTION AGENCY ACT 1992 AND CERTAIN OTHER ENACTMENTS RELATING GENERALLY TO THE PROVISION OF WATER SERVICES AND TO PROVIDE FOR RELATED MATTERS.

[14 th May, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Certain functions in relation to Local Government Acts 1925 to 2014 transferred (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 24(2), S.I. No. 214 of 2014 and S.I. No. 216 of 2014 (transfer day).

Dissolution of town councils and transfer date

24.—...

(2) On the transfer date each town council stands dissolved and ceases to exist and—

(a) the local authority for a county or a city and county in which a town whose town council is so dissolved is situated shall, for all purposes, become and be the successor to the town council on that date, and

(b) the area of a town whose town council is so dissolved shall, for the purposes of all functions of the local authority (whether under the Local Government Acts 1925 to 2014 or otherwise) for the county or city and county in which the town is situated, be included in and form part of that county or city and county.

C2

Certain references construed (1.05.2014) by Local Government Act 2014 (1/2014), s. 9(2)(3), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. —...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

C3

Certain functions in relation to Act transferred and references construed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), ss. 7(1),(2),(4), 8 and s. 10, S.I. No. 575 of 2013 and S.I. No. 576 of 2013 (transfer day).

Transfer day

6. The Minister shall, by order, appoint a day to be the transfer day for the purposes of this Act.

Transfer of functions from water service authorities to Irish Water

7. (1) Subject to section 10, all functions conferred on water services authorities by the Act of 2007 (other than an excluded provision and section 22) shall, on the transfer day, stand transferred to Irish Water.

(2) References to a water services authority or relevant water services authority in—

(a) the Act of 2007 or in any instrument made under that Act, or

(b) any other enactment (other than the Act of 2013) or instrument under any other enactment,

in so far as they relate to any function transferred by this Act, shall on and after the transfer day, be construed as references to Irish Water.

...

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

Transfer of functions under certain other enactments to Irish Water

8. (1) The functions of a local authority under section 2 of the Local Government (Financial Provisions) (No. 2) Act 1983 shall, on the transfer day and in so far only as that section relates to the Act of 2007, stand transferred to Irish Water and, accordingly, references in that section to a local authority shall be construed as including references to Irish Water.

...

(3) This section shall cease to have effect upon the commencement of section 21.

...

Continuance of certain functions of water service authorities

10. Functions transferred to Irish Water under section 7 shall, on and after the transfer day continue to be performable by a water services authority for the purposes of the performance of its functions under an excluded provision and, accordingly, for those purposes references in the Act of 2007 that, by virtue of subsection (2) of section 7, are to be construed as references to Irish Water shall be construed as including references to a water services authority.

C4

Application of Act and collectively cited Local Government (Water Pollution) Acts 1977 to 2007 and Inland Fisheries Acts 1959 to 2010 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactements set out in the Second Schedule to these Regulations.

...

General Provisions regarding licences etc.

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with guideline or code or practice issued under Regulation or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

30

...

...

...

...

2007

...

...

Inland Fisheries Acts 1959 to 2010

...

Local Government (Water Pollution) Acts 1977 to 2007

...

Water Services Act 2007

...

Editorial Notes:

E1

Application of Act and collectively cited Local Government (Water Pollution) Acts 1977 to 2007 and Inland Fisheries Acts 1959 to 2010 included in European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), sch. 2 (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), in effect as per reg. 1(3).

E2

Discharges or injections of pollutants into surface water operated under a licence issued pursuant to or under Act included in list of occupational activities contained in sch. 3 to European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008) (1.04.2009) by European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008), reg. 3(1)(a) and sch. 3 par. 2(e)(IV), in effect as per reg. 1(2).