Local Government (Water Pollution) Act 1977
High Court's power to prohibit continuance of contravention of section 3 (1) or 4 (1).
11. — F30[(1) Where, on application by any person to the High Court, whether or not that person has an interest in the waters concerned, that Court is satisfied that—
(a) polluting matter is being, has been or is likely to be caused or permitted to enter waters and the entry is not one to which section 3 (5) applies or would apply and is not under and in accordance with a licence under section 171 of the Act of 1959,
(b) trade effluent or sewage effluent is being, has been or is likely to be discharged or caused or permitted to be discharged to waters and the discharge is not one to which subsection (2) of section 4 applies or would apply and is not under and in accordance with a licence under that section or the said section 171, or
(c) polluting matter has escaped, is escaping or is likely to escape accidentally from premises to waters,
the High Court may by order—
(i) prohibit any person from causing or permitting or continuing to cause or permit the entry of polluting matter to the waters or the discharge aforesaid of trade effluent or sewage effluent to the waters,
(ii) require the carrying out of specified measures by any person having the custody or control of polluting matter or trade effluent or sewage effluent to prevent an entry or discharge referred to in subparagraph (i) or the continuance or recurrence of such an entry or discharge,
(iii) for the purpose of preventing, or preventing the continuance or recurrence of, such an entry or discharge as aforesaid, or of avoiding any risk that a person having custody or control of polluting matter or trade effluent or sewage effluent may cause or permit such an entry or discharge as aforesaid, require the person to do, refrain from or cease doing any specified act or to refrain from or cease making any specified omission,
(iv) for the purpose of preventing the escape aforesaid or the continuance or recurrence of such an escape, require the carrying out of specified measures by the occupier of the premises aforesaid and for the purpose of avoiding any risk of such an escape, require the occupier to do, refrain from or cease doing any specified act or to refrain from or cease making any specified omission, and
(v) make such other provision as that Court considers appropriate.
(1A) An application may be brought under subsection (1) notwithstanding that a prosecution under section 3 or 4 in respect of the relevant entry or discharge referred to in subsection (1) has not been brought.]
(2) An application for an order under this section shall be by motion, and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.
(3) The order by which an application under this section is determined may contain any terms and conditions as to the payment of costs as the High Court considers appropriate.
Annotations:
Amendments:
F30
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990, s. 8, commenced on enactment.
Modifications (not altering text):
C23
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 4, in effect as per art. 2.
4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
|
Section |
Provision |
|
... |
... |
|
11 |
The whole section |
|
... |
... |
5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority.
6. (1) For the purposes of articles 4 and 5, for references to "local authority" or "sanitary authority" in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—
"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be",
and cognate words shall be construed accordingly.
(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule.
...
FIRST SCHEDULE
Modifications of the Local Government (Water Pollution) Acts, 1977 and 1990
The provisions of the Local Government (Water Pollution) Acts. 1977 and 1990 as modified for the purposes of articles 6 (2) and 9 are set out as follows— ...
Section 11 (1A) of the Act of 1977
"(1A) An application may be brought under subsection (1) notwithstanding that, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 is in force, a prosecution under that Part of the Act or under section 3 or 4, or, in any other case, a prosecution under section 3 or 4 in respect of the relevant entry or discharge referred to in subsection (1), has not been brought.".
...
C24
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art. 4, in effect as per art. 2.
4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order
shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
|
Section |
Provision |
|
... |
... |
|
11 |
The whole section. |
|
... |
... |
5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority.
6. (1) For the purposes of articles 4 and 5, for references to "local authority" or "sanitary authority" in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—
"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be",
and cognate words shall be construed accordingly.
(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule.
...
FIRST SCHEDULE
Modifications of the Local Government (Water Pollution) Acts 1977 and 1990
The provisions of the Local Government (Water Pollution) Acts, 1977 and 1990 as modified for the purposes of articles 6 (2) and 9 are set out as follows—
...
Section 11 (1A) of the Act of 1977
"(1A) An application may be brought under subsection (1) notwithstanding that, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992is in force, a prosecution under that Part of the Act or under section 3 or 4, or, in any other case, a prosecution under section 3 or 4 in respect of the relevant entry or discharge referred to in subsection (1), has not been brought.".
...
Editorial Notes:
E73
Defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(i) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E74
Defence to proceedings under section provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(12)(b)(i), S.I. No. 192 of 1996.
E75
Previous affecting provision: functions transferred (1.09.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), reg. 43, in effect as per reg. 2(b); revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42 and sch. 2.
E76
Previous affecting provision: defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 83(7)(b)(i), not commenced; substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.