Local Government (Water Pollution) Act 1977

Water quality management plans.

15

15. (1) A local authority may and, if so directed by the Minister, shall make a water quality management plan for any waters situated in its functional area or which adjoin that area.

(2) A plan under this section shall contain such objectives for the prevention and abatement of pollution of the waters the subject of the plan and such other provisions as appear to the local authority to be necessary.

F38[(3) Two or more local authorities may jointly make a water quality management plan in relation to waters part of which are in or adjoin the functional area of each local authority.

(3A) A water quality management plan may be revised or replaced by the local authority or local authorities that made it.]

(4) A plan under this section may relate to the sea to such extent as the Minister, after consultation with the Minister for Fisheries, may approve.

(5) A plan under this section shall not contain any provision inconsistent with regulations under section 26.

F39[(6) As soon as practicable after the making, revision or replacement of a plan under this section, a copy of the plan as so made or revised or of the replacement plan shall be given by the local authority concerned to the Minister and the Minister for Communications, Energy and Natural Resources, to Inland Fisheries Ireland and to any local authority or sanitary authority whose functional area either adjoins the waters to which the plan relates or the performance of whose functions would be affected by or would affect the implementation of the plan.]

(7) The Minister may—

(a) require plans under this section by two or more local authorities to be co-ordinated in relation to matters and in a manner specified by him,

(b) require a local authority to revise a plan under this section in relation to matters and in a manner specified by him and at such intervals as he may direct, or to replace such a plan,

(c) direct two or more local authorities jointly to make, revise or replace a plan under this section,

and local authorities shall comply with any such requisition or direction.

(8) The making, revision or replacement of a plan under this section shall be a reserved function.

(9) Any dispute between two or more local authorities as to which of them shall make a plan under this section for any waters shall be determined by the Minister.

(10) The Minister may make regulations for the purpose of this section and, without prejudice to the generality of the foregoing, such regulations may provide for all or any of the following:

(a) the publication in newspapers circulating in the functional area of a local authority of notice that a plan under this section is proposed to be made, revised or replaced,

(b) a statement in such a notice indicating where and when a copy of the proposed plan may be inspected and that representations relating to the plan may be made to the local authority within a specified period.

(11) Any person may, in accordance with regulations under subsection (10), make representations to a local authority in relation to a plan proposed to be made, revised or replaced under this section, and every such representation shall be considered by the local authority, which may then, as it thinks fit, make, revise or replace the plan with or without amendment.

Annotations:

Amendments:

F38

Substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 11(a), commenced on enactment.

F39

Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 3, S.I. No. 262 of 2010, art. 2.

Modifications (not altering text):

C28

Prospective affecting provision: power granted to Minister to require the EPA to make a water quality management plan by Environmental Protection Agency Act 1992 (7/1992), s. 102(1), not commenced as of date of revision.

Management plans.

102.—(1) Without prejudice to the generality of sections 100 and 101, the Minister may, by order, provide that the Agency may make an air quality management plan under section 46 of the Air Pollution Act, 1987 [or a waste management plan under section 22 of the Waste Management Act, 1996], or a water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977.

...

C29

Certain functions transferred (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(1), (2), commenced on enactment. Subs. (6) is listed in sch. 2 part 3 item 3.

Transfer of functions to IFI.

8.— (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred, on the establishment day, to IFI.

(2) The functions vested in the Central Board or a regional board by or under—

(a) the provisions of the enactments mentioned in Schedule 2, and

(b) the regulations mentioned in Schedule 3,

are, on the establishment day, transferred to IFI.

...

Editorial Notes:

E92

Power pursuant to section exercised (5.04.1978) by Local Government (Water Pollution) Regulations 1978 (S.I. No. 108 of 1978).

E93

Previous affecting provision: subs. (6) substituted (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 11(b), commenced on enactment; substituted as per F-note above.