Water Services Act 2007

110.

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

110.— (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.”.