Local Government (Water Pollution) Act 1977
Number 1 of 1977
LOCAL GOVERNMENT (WATER POLLUTION) ACT 1977
REVISED
Updated to 14 October 2021
This Revised Act is an administrative consolidation of the Local Government (Water Pollution) Act 1977. 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 the Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2021 (S.I. No. 533 of 2021), made 14 October 2021, 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 1 of 1977
LOCAL GOVERNMENT (WATER POLLUTION) ACT 1977
REVISED
Updated to 14 October 2021
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
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) (Amendment) Act 1990 (21/1990)
• Water Services Act 2007 (30/2007), ss. 1(4), 109, 110
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1972, 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
• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)
• Environment (Miscellaneous Provisions) Act 2011 (20/2011)
• Inland Fisheries Act 2010 (10/2010)
• Fines Act 2010 (8/2010)
• Water Services Act 2007 (30/2007)
• Protection of the Environment Act 2003 (27/2003)
• Courts and Court Officers Act 2002 (15/2002)
• Local Government Act 2001 (37/2001)
• British-Irish Agreement Act 1999 (1/1999)
• Waste Management Act 1996 (10/1996)
• Local Government (Dublin) Act 1993 (31/1993)
• Environmental Protection Agency Act 1992 (7/1992)
• Courts Act 1991 (20/1991)
• Local Government (Water Pollution) (Amendment) Act 1990 (21/1990)
• Canals Act 1986 (3/1986)
All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.
Statutory Instruments which affect or previously affected this revision
• Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013)
• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)
• European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009)
• Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008)
• Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007)
• Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004)
• Local Government (Water Pollution)(Fees) Regulations 2001 (S.I. No. 573 of 2001)
• Quality of Shellfish Waters (Amendment) Regulations 2001 (S.I. No. 459 of 2001)
• Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001)
• Quality of Bathing Waters (Amendment) Regulations 2001 (S.I. No. 22 of 2001)
• Water Quality (Dangerous Substances) Regulations 2001 (S.I. No. 12 of 2001)
• Local Government (Water Pollution) (Amendment) Regulations 1999 (S.I. No. 42 of 1999)
• Local Government (Water Pollution) Act, 1977 (Water Quality Standards For Phosphorus) Regulations 1998 (S.I. No. 258 of 1998)
• Local Government (Water Pollution) (Nutrient Management Planning Consultation) Regulations 1998 (S.I. No. 257 of 1998)
• Quality of Bathing Waters (Amendment) Regulations 1998 (S.I. No. 177 of 1998)
• Quality of Bathing Waters (Amendment) Regulations 1996 (S.I. No. 230 of 1996)
• Local Government (Water Pollution) (Amendment) Regulations 1996 (S.I. No. 184 of 1996)
• Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996)
• Local Government (Water Pollution) Act, 1977, (Commencement) Order 1996 (S.I. No. 18 of 1996)
• Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Edc, Tri, Per and Tcb Discharges) Regulations 1994 (S.I. No. 245 of 1994)
• Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994)
• Quality of Shellfish Waters Regulations 1994 (S.I. No. 200 of 1994)
• Quality of Bathing Waters (Amendment) Regulations 1994 (S.I. No. 145 of 1994)
• Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994)
• Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Carbon Tetrachloride, Ddt and Pentachlorophenol Discharges) Regulations 1994 (S.I. No. 43 of 1994)
• Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Aldrin, Dieldrin, Endrin, Isodrin, Hcb, Hcbd and Chc13 Discharges) Regulations 1993 (S.I. No. 348 of 1993)
• Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992)
• Quality of Bathing Waters Regulations 1992 (S.I. No. 155 of 1992)
• Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987)
• Local Government (Water Pollution) Act, 1977, (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations 1986 (S.I. No. 55 of 1986)
• Local Government (Water Pollution) Act, 1977 (Control of Cadmium Discharges) Regulations 1985 (S.I. No. 294 of 1985)
• Local Government (Water Pollution) (Fees) Regulations 1985 (S.I. No. 115 of 1985)
• Local Government (Water Pollution) Act, 1977 (Transfer of Appeals) Order, 1978, (Amendment) Order 1983 (S.I. No. 37 of 1983)
• Local Government (Water Pollution) Regulations 1983 (S.I. No. 36 of 1983)
• Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978)
• Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978)
• Local Government (Water Pollution) Act, 1977, (Sections 4 and 16) (Fixing of Dates) Order 1978 (S.I. No. 16 of 1978)
• Local Government (Water Pollution) Act, 1977, (Commencement) (No. 2) Order 1977 (S.I. No. 296 of 1977)
• Water Pollution Advisory Council Order 1977 (S.I. No. 172 of 1977)
• The Local Government (Water Pollution) Act, 1977, (Commencement) Order 1977 (S.I. No. 117 of 1977)
All statutory instruments up to and including Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2021 (S.I. No. 533 of 2021), made 14 October 2021, were considered in the preparation of this revision.
Number 1 of 1977
LOCAL GOVERNMENT (WATER POLLUTION) ACT 1977
REVISED
Updated to 14 October 2021
ARRANGEMENT OF SECTIONS
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Acts Referred to |
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1933, No. 12. |
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1946, No. 9. |
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1925, No. 26. |
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1936, No. 54. |
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1945, No. 3. |
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1945, No. 12. |
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1946, No. 10. |
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1949, No. 17. |
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1939, No. 14. |
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1956, No. 10. |
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1963, No. 33. |
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Rivers Pollution Prevention Act, 1876 |
1876, c.75. |
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Rivers Pollution Prevention Act, 1893 |
1893, c.31. |
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1959, No. 14. |
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Number 1 of 1977
LOCAL GOVERNMENT (WATER POLLUTION) ACT 1977
REVISED
Updated to 14 October 2021
AN ACT TO PROVIDE FOR THE CONTROL OF WATER POLLUTION AND FOR OTHER MATTERS CONNECTED WITH WATER POLLUTION. [15th March, 1977]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of collectively cited Local Government (Water Pollution) Acts restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3). The collectively cited Local Government (Water Pollution) Acts are listed in sch. 2.
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.
...
C2
Certain requirements applied to future authorisations to discharge into surface waters under Act (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), reg. 9, in effect as per reg. 1(2), subject to transitional provision in reg. 11.
9. Requirements under Article 7 shall apply to all new authorisations to discharge into surface waters and to reviews of existing authorisations, granted under the Dumping at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose under the Act of 1972, or any other enactment, from the date of coming into force of these Regulations.
...
C3
Power of public authority to stipulate emission limit values in certain circumstances provided (27.07.2009) by European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (S.I. No. 296 of 2009), reg. 12.
12. Without prejudice to the generality of Regulation 9 or any requirement arising under the European Communities Environmental Objectives (Surface Water) Regulations 2009, a public authority considering an application for authorisation of a discharge to waters draining to the surface water bodies identified under the First Schedule to these Regulations, under the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992, the Act of 1996 or Regulations made for that purpose under the European Communities Act of 1972 shall, where it is satisfied that the proposed discharge would not contravene Article 6(3) and 6(4) of the Habitats Directive, set down in the authorisation, emission limit values that aim to achieve the ecological quality objectives set out in the Fourth Schedule to these Regulations.
C4
References in the collectively cited Local Government (Water Pollution) Acts construed (2.12.1999) by British-Irish Agreement Act 1999 (1/1999), s. 34(5), S.I. No. 377 of 1999, art. 3(1).
Transfer of functions etc., to Body.
34.— ...
(5) References in the Local Government (Water Pollution) Acts, 1977 and 1990, to the Foyle Area shall be construed as including references to the Carlingford Area.
Editorial Notes:
E1
Minister granted power to adapt or modify collectively cited Local Government (Water Pollution) Acts for purposes of transfer of functions from a town sanitary authority to a county council (1.01.2004) by Local Government Act 2001 (37/2001), s. 83(7), S.I. No. 250 of 2002.
E2
Minister granted power by order to extend certain powers under Act to the Environmental Protection Agency (22.01.1996) by Environmental Protection Agency Act 1992 (7/1992), s. 100, S.I. No. 13 of 1996.
E3
Previous affecting provision: transitional provision for authorisations under collectively cited Local Government (Water Pollution) Acts made (27.01.2010) by European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010), reg. 60, in effect as per reg. 1(b); transitional period concluded 22.12.2013.