Local Government (Water Pollution) Act 1977

Review of licence under section 16.

17

17. (1) A sanitary authority may review a licence under section 16 at intervals of not less than three years from the date of the licence or the last review of the licence, or at any time with the consent of the person making, causing or permitting the discharge.

F46[(2) Notwithstanding any other provision of this Act or any condition in a licence under section 16, any such licence may be reviewed at any time by the sanitary authority that granted it if—

(a) the sanitary authority has reasonable grounds for believing that the discharge authorised by the licence is or is likely to be injurious to public health or is or is likely to render the waters to which the sewer concerned discharges unfit for use for domestic, commercial, industrial, fishery (including fish-farming), agricultural or recreational uses,

(b) there has been a material change in the nature or volume of the discharge,

(c) there has been a material change in relation to the waters to which the sewer concerned discharges,

(d) further information has become available since the date of the granting of the licence relating to polluting matter present in the discharge concerned or relating to the effects of such matter, or

(e) the licensee applies to the sanitary authority concerned to review the licence.

(2A) Notwithstanding any other provision of this Act or any condition in a licence under section 16, where regulations are in force under section 26 relating to a trade effluent or sewage effluent from a sewer or to waters to which a sewer discharges, such a licence relating to the trade effluent or authorising the discharge of a trade effluent to the sewer shall be reviewed by the local authority that granted it—

(a) in case it was in force before the commencement of the regulations, as soon as may be after such commencement and thereafter at such intervals as may be specified in the regulations, and

(b) in any other case, at such intervals as may be specified in the regulations.

(3) Upon completion of a review under this section, a sanitary authority may amend or delete any condition of the licence or attach conditions or additional conditions to the licence or revoke the licence; and if a sanitary authority proposes to exercise a power aforesaid, it shall do so as soon as may be after the completion of the relevant review under this section.]

(4) (a) The Minister may make regulations for the purpose of this section.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters:

(i) the giving of notice by a sanitary authority to a person discharging or causing or permitting a discharge of intention to review a licence, and

(ii) requiring a statement in such a notice that representations relating to the review may be made within a specified period

F47[(c) Without prejudice to the generality of paragraph (a), regulations under this subsection may also make provision in relation to all or any of the following matters:

(i) the payment to sanitary authorities of fees of such amounts as may be specified in the regulations in relation to reviews of licences,

(ii) the payment of fees of different amounts in respect of different classes of such reviews as aforesaid,

(iii) exemption from the payment of such fees in such circumstances as may be specified,

(iv) the waiver, remission or refund (in whole or in part) of such fees in such circumstances as may be specified, or

(v) the manner in which fees may be disposed of.]

F48[(5) Where, pursuant to regulations under this section, a fee is payable to a sanitary authority, the sanitary authority shall not conduct the review in relation to which the fee is payable until the receipt thereof by the sanitary authority.]

Annotations:

Amendments:

F46

Substituted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 13(a), S.I. No. 270 of 1992, art. 2.

F47

Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 13(b), S.I. No. 270 of 1992, art. 2.

F48

Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 13(c), S.I. No. 270 of 1992, art. 2.

F49

Repealed by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, not commenced as of date of revision.

Modifications (not altering text):

C37

Prospective affecting provision: section repealed by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, not commenced as of date of revision.

17. F49[]

Editorial Notes:

E109

Power pursuant to section exercised (1.01.2002) by Local Government (Water Pollution)(Fees) Regulations 2001 (S.I. No. 573 of 2001), in effect as per reg. 2.

E110

Power pursuant to section exercised (2.08.1994) by Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Edc, Tri, Per and Tcb Discharges) Regulations 1994 (S.I. No. 245 of 1994).

E111

Power pursuant to section exercised (2.03.1994) by Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Carbon Tetrachloride, Ddt and Pentachlorophenol Discharges) Regulations 1994 (S.I. No. 43 of 1994).

E112

Power pursuant to section exercised (3.12.1993) by 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).

E113

Power pursuant to section exercised (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), in effect as per reg. 2.

E114

Power pursuant to section exercised (5.03.1986) by Local Government (Water Pollution) Act, 1977, (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations 1986 (S.I. No. 55 of 1986).

E115

Power pursuant to section exercised (16.09.1985) by Local Government (Water Pollution) Act, 1977 (Control of Cadmium Discharges) Regulations 1985 (S.I. No. 294 of 1985), in effect as per reg. 2.

E116

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