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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

Section

1.

Interpretation.

2.

Water Pollution Advisory Council.

3.

General prohibition on entry of polluting matter to waters.

4.

Licensing of trade and sewage effluents.

5.

Provisions consequential on section 4.

6.

Regulations for the purpose of section 4 and 8.

7.

Review of licence under section 4.

8.

Appeals in relation to sections 4 and 7.

9.

Registers of licences under sections 4 and 16 and of water abstractions.

10.

Provisions relating to certain contraventions under Act.

11.

High Court's power to prohibit continuance of contravention of section 3 (1) or 4 (1).

12.

Local authority's power to require measures to be taken to prevent water pollution.

13.

Local authority's power to prevent and abate pollution in certain circumstances.

14.

Notification of accidental discharges.

15.

Water quality management plans.

16.

Licensing of discharges to sewers.

17.

Review of licence under section 16.

18.

Provisions consequential on section 16.

19.

Regulations for the purpose of sections 16 and 20.

20.

Appeals in relation to sections 16 and 17.

21.

Transfer of certain appeals to An Bord Pleanála.

22.

Monitoring, etc. by local authorities and sanitary authorities.

23.

Obligation to give information to local authorities and sanitary authorities.

24.

Consultation by local authorities, sanitary authorities and boards of conservators.

25.

Establishment of water quality control authorities.

26.

Quality standards, etc.

26A.

Regulations for the prevention or limitation of water pollution.

27.

Regulations restricting use of certain vessels.

28.

Powers of entry, inspection, etc.

29.

Research, etc. into water pollution.

30.

Regulations generally.

31.

Local authority's power to prosecute.

32.

Service of notices under Act.

33.

Commencement.

34.

Repeals.

35.

Expenses.

36.

Short title.

Acts Referred to

Foreshore Act, 1933

1933, No. 12.

Harbours Act, 1946

1946, No. 9.

Shannon Electricity Act, 1925.

1925, No. 26.

Liffey Reservoir Act, 1936.

1936, No. 54.

Arterial Drainage Act, 1945.

1945, No. 3.

Electricity (Supply) (Amendment) Act, 1945.

1945, No. 12.

Turf Development Act, 1946.

1946, No. 10.

Local Authorities (Works) Act, 1949.

1949, No. 17.

Local Authorities (Combined Purchasing) Act, 1939

1939, No. 14.

Local Government (Superannuation) Act, 1956

1956, No. 10.

Companies Act, 1963

1963, No. 33.

Rivers Pollution Prevention Act, 1876

1876, c.75.

Rivers Pollution Prevention Act, 1893

1893, c.31.

Fisheries (Consolidation) Act, 1959

1959, No. 14.


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. [15 th 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.