Local Government (Water Pollution) Act 1977
Local authority's power to require measures to be taken to prevent water pollution.
12. — (1) Where it appears to a local authority that it is necessary to do so in order to prevent or control pollution of waters, it may serve a notice in writing under this section on any person having the custody or control of any polluting matter on premises in its functional area.
(2) A notice under this section shall—
(a) specify the measures which appear to the local authority serving the notice to be necessary in order to prevent such matter from entering waters,
(b) direct the person on whom the notice is served to take such measures as are specified in the notice, and
(c) specify a period within which such measures are to be taken.
F31[(2A) Notwithstanding subsection (2), a notice under this subsection may, either in addition to, or in lieu of complying with that subsection—
(a) regulate or restrict in such manner and to such extent and for such period as may be specified in the notice or make subject to specified conditions the carrying on of any activity, practice or use of premises that, in the opinion of the local authority concerned, could result in the entry of polluting matter to waters, and
(b) require the provision, re-location or alteration of facilities for the collection or storage of polluting matter.]
F32[(3) A person on whom a notice under this section is served may, within such period as may be specified in the notice, make representations to the local authority concerned in writing regarding the terms of the notice and the authority, after consideration of any such representations, may amend a provision of the notice (including the provision relating to subsection (2) (c)) or may confirm or revoke the notice and shall inform the person of such amendment, confirmation or revocation.]
F33[(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.]
(5) Where a person does not comply with a notice under this section within the period specified in the notice, the local authority which served the notice may take any steps it considers necessary to prevent polluting matter in relation to which the notice is served from entering waters, and may recover the cost of such steps from the person on whom the notice is served as a simple contract debt in a court of competent jurisdiction.
(6) F34[…]
Annotations:
Amendments:
F31
Inserted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 9(a), commenced on enactment.
F32
Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 9(b), commenced on enactment.
F33
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(e), S.I. No. 846 of 2007, art. 2. A fine of €5,000 translates into a class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F34
Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.
Modifications (not altering text):
C25
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
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Section |
Provision |
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... |
... |
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10 |
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— ...
...
C26
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
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Section |
Provision |
|
... |
... |
|
12 |
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.
...
Editorial Notes:
E77
Offence under section is an offence for the purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(1)(a) as provided (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(e).
E78
Offence under section is offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007, reg. 36 (revocation of a waste facility permit) and reg. 38 (review, amendment, revocation or transfer of a certificate of registration) as provided (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(h), in effect as per reg. 2.
E79
Offence under section is an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(h), in effect as per reg. 1(2).
E80
Offence under section may be prosecuted by the local authority concerned as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and table part I, commenced on enactment.
E81
Previous affecting provision: offence under section was an offence for the purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(1)(a) as provided (12.07.2004) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(e), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).
E82
Previous affecting provision: offence under section was an offence for the purposes of Waste Management Act 1996 (10/1996), s. 34(5)(a) as provided (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 19(h); revoked (31.03.20008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, subject to transitional provisions in paras. (2), (3).
E83
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.
E84
Previous affecting provision: application of section modified to increase penalties (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 24(2), commenced on enactment; repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007.