Local Government (Water Pollution) Act 1977

Regulations for the purpose of sections 16 and 20.

19

19. — (1) The Minister may make regulations for the purpose of sections 16 and 20.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following:

(a) the form of licence;

(b) requiring the furnishing by applicants of specified information;

(c) requiring the production of evidence to verify any information given by an applicant;

(d) requiring sanitary authorities to furnish to the Minister and to any other specified persons any specified information in relation to any applications and the manner in which they have been dealt with;

(e) requiring an applicant to defray or contribute towards the cost of any investigation carried out by a sanitary authority in relation to an application.

F51[(f) the oral hearing of any appeal to An Bord Pleanála and any such oral hearing being conducted by An Bord Pleanála or by a person appointed for that purpose by An Bord Pleanála.]

F52[(2A) Regulations under this section may make provision for—

(a) the payment to a sanitary authority of a fee of such amount as may be specified in respect of an application to it for a licence under section 16, and

(b) the payment to An Bord Pleanála of a fee of such amount as may be specified in respect of an appeal to it under section 20,

and any such regulations may make provision for—

(i) the payment of fees of different amounts in respect of different classes of such applications and appeals as aforesaid,

(ii) exemption from the payment of fees provided for under paragraph (a) or (b) in such circumstances as may be specified,

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

(iv) the manner in which such fees may be disposed of.

(2B) Where, pursuant to regulations under this section, a fee is payable to a sanitary authority in respect of an application for a licence under section 16, the sanitary authority shall not consider the application unless the fee is received by the sanitary authority.

(2C) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of an appeal under section 20, the appeal shall not be entertained unless the fee is received by An Bord Pleanála before the expiration of the prescribed period referred to in subsection (1) of that section.

(2D) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of a request for the oral hearing of an appeal, An Bord Pleanála shall not consider the request unless the fee is received by An Bord Pleanála.]

(3) F53[(a) A person who, in relation to an application for a licence under section 16 or an appeal under section 20, when furnishing information under this section or when verifying any such information, makes a statement which is false or to such person’s knowledge misleading in a material respect 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.]

(b) Where a person is convicted of an offence under this subsection, any licence issued to that person consequent on the application or appeal in relation to which the information was furnished shall stand revoked from the date of the conviction.

(4) A defrayment or contribution under subsection (2) (e) or section 16 (4) (b) shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in a court of competent jurisdiction.

(5) F54[…]

Annotations:

Amendments:

F51

Inserted (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 5(3), in effect as per art. 3.

F52

Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 14, S.I. No. 270 of 1992, art. 2.

F53

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(h), S.I. No. 846 of 2007, art. 2.

F54

Repealed (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 30, commenced on enactment.

F55

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):

C39

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.

19. — F55[…]

Editorial Notes:

E117

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.

E118

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).

E119

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.

E120

Power pursuant to section exercised (24.06.1996) by Local Government (Water Pollution) (Amendment) Regulations 1996 (S.I. No. 184 of 1996), in effect as per reg. 2.

E121

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).

E122

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).

E123

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).

E124

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.

E125

Offence under section may be prosecuted by the sanitary 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.

E126

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).

E127

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.

E128

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

E129

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).

E130

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.

E131

Previous affecting provision: power pursuant to section exercised (1.06.1985) by Local Government (Water Pollution) (Fees) Regulations 1985 (S.I. No. 115 of 1985), in effect as per reg. 2; revoked (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), reg. 4, in effect as per reg. 2.

E132

Previous affecting provision: application of subs. (2)(d) modified (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 5(1), in effect as per art. 3; revoked (1.11.1992) by Local Government (Water Pollution) (Transfer of Appeals) (Revocation) Order 1992 (S.I. No. 272 of 1992), art. 3, in effect as per art. 2.