C128

References to “sanitary authority” construed (1.01.2014) as references to “Irish water” by Water Services (No. 2) Act 2013 (50/2013), s. 7(1), (3), (4), S.I. No. 576 of 2013.

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.

…

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred 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.

C129

Application of section extended (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(j), in effect as per reg. 2, as amended (31.04.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 59.

Offences for the Purpose of articles 36 and 38

22. It is hereby prescribed that, notwithstanding the revocation of any Regulations specified hereunder, subject to any amendments which may be made to the regulations from time to time— ...

(j) an offence under Sections 171 or 172 of the Fisheries (Consolidation) Act 1959 

…

shall be an offence for the purposes of articles 36 and 38.

Revocation of a waste facility permit

36. (1) A local authority may revoke a waste facility permit, if it appears to it that the—

(a) permit holder, or other relevant person, is not, in its reasonable opinion and having regard to any offence committed by the permit holder, or other relevant person, which, under article 22, is an offence for the purposes of this article, a fit and proper person to hold a waste facility permit, or

...

Review, amendment, revocation or transfer of a certificate of registration

38. …

(7) A local authority, or, as the case may be, the Agency may revoke a certificate of registration, if it appears to it that—

(a) the registration holder, or other relevant person, is not, in its reasonable opinion and having regard to any offence committed by the permit holder, or other relevant person, which, under article 22, is an offence for the purposes of this article” after “reasonable opinion, a fit and proper person to hold a waste facility permit,

C130

Application of section extended (31.03.2008) by  Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(j), in effect as per reg. 1.

Offences for the purpose of section 34(5) of the Act

21. It is hereby prescribed that, notwithstanding the revocation of any Regulations specified hereunder and subject to any amendment that may be made to these Regulations from time to time— ...

(j) an offence under sections 171 or 172 of the Fisheries (Consolidation) Act 1959;

…

shall be an offence for the purposes of section 34(5)(a) of the Act.

C131

Penalties under ss. 171, 172 altered (31.12.2007) by Water Services Act 2007 (30/2007), s. 111, S.I. No. 846 of 2007. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.

Note that the full history of the alteration of penalties under this section can be found in the annotations at the beginning of the Act under “Be it enacted by the Oireachtas as follows”.

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

111.— 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.

C132

Application of section restricted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 20(2), commenced on enactment.

Civil liability for pollution.

20.— …

(2) Subsection (1) does not apply to the entry of trade effluent, sewage effluent or other polluting matter to waters by virtue of anything specified in section 3(5) of the Principal Act or under and in accordance with a licence under section 4 of the Principal Act or section 171 of the Act of 1959.