Local Government (Water Pollution) Act 1977

Appeals in relation to sections 16 and 17.

20

F56[20.—(1) (a) The occupier of premises from which a discharge to which a licence under section 16 relates is made may, before the expiration of such period as may be prescribed, appeal to An Bord Pleanála in relation to—

(i) the revocation of the licence,

(ii) the attachment of conditions or additional conditions to the licence, or

(iii) the amendment or deletion of any condition attached to the licence,

by a sanitary authority.

(b) A person whose application for a licence under section 16 has been refused by a sanitary authority may, before the expiration of such period as may be prescribed, appeal to An Bord Pleanála in relation to the refusal.

(c) An act of a sanitary authority referred to in paragraph (a) or (b) shall have effect—

(i) in case an appeal is not brought against it, upon the expiration of the period referred to in paragraph (a) or (b), as the case may be,

(ii) in case an appeal is brought against it and the final determination of the appeal does not set the act aside, upon and in accordance with such final determination,

(iii) in case an appeal is brought against it and the appeal is withdrawn, upon the withdrawal of the appeal.

(2) An Bord Pleanála, after consideration of an appeal under this section, shall, as it thinks proper, allow or refuse the appeal and may give any direction consequent on its decision that it considers appropriate to the sanitary authority concerned (including a direction that a specified condition be attached to the licence concerned or be amended or deleted) and a sanitary authority shall comply with any such direction.]

Annotations:

Amendments:

F56

Substituted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 15(1), S.I. No. 270 of 1992, art. 2, subject to transitional provision in subls (2).

F57

Repealed by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, not commenced as of date of revision.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

C40

Prospective affecting provision: section repealed by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, not commenced as of date of revision.

20.—F57[…]

C41

Application of subss. (1)(a) and (b) modified (1.11.1992) by Local Government (Water Pollution) Regulations 1992 (S.I. No. 271 of 1992), reg. 12(4), in effect as per reg. 2.

12. ...

(4) Sections 8 (1) (a), 20 (1) (a) and (b) of the Principal Act authorising appeals to be made before the expiration of the period prescribed within the meaning of the said provisions shall be construed as including a provision that an appeal received by the Board after the period prescribed shall be invalid as not having been made in time.

Editorial Notes:

E133

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.

E134

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

E135

Previous affecting provision: application of section modified (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 4, 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.