Local Government (Water Pollution) Act 1977
Establishment of water quality control authorities.
25. — (1) The Minister may, after consultation with the Minister for the Public Service and the Water Pollution Advisory Council, by order establish, in respect of such area as is specified in the order, a water quality control authority.
(2) A water quality control authority shall perform such functions under this Act of a local authority relating to water pollution as may be specified in the order establishing the authority.
(3) An order under this section may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary for the establishment of the authority, including provisions relating to the membership of a water quality control authority, the transfer to such an authority of specified functions under this Act of a local authority in relation to the area (or part of the area) in respect of which the authority is established, and any necessary modification of any statutory provisions relating to a local authority.
(4) A water quality control authority shall be a body corporate with perpetual succession and a seal and may sue and be sued in its corporate name and may hold and dispose of land.
(5) (a) A water quality control authority shall be a joint body within the meaning and for the purposes of the County Management Acts, 1940 to 1972.
(b) A water quality control authority shall be a local authority within the meaning and for the purposes of—
(i) the Local Government Acts, 1925 to 1974,
(ii) the Local Authorities (Officers and Employees) Acts, 1926 and 1940,
(iv) the Local Government (Superannuation) Act, 1956, and
(v) the Local Authorities (Mutual Assurance) Acts, 1926 to 1935.
(6) Without prejudice to the generality of subsection (1) or (3), an order under this section may—
(a) provide for the recoupment (in such manner as may be specified in the order) of all or part of the expenses of a water quality control authority and, where a local authority or other person fails to make such a recoupment, the deduction from moneys payable to the local authority or other person by any Minister and the payment to the water quality control authority by that Minister out of such moneys of an amount equal to that to be recouped, and
(b) include provisions relating to all or any of the following matters—
(i) appointment of members (including chairman),
(ii) cessation of membership,
(iii) meetings (including procedure, proceedings and quorum),
(iv) any matters ancillary or incidental to any of the foregoing matters.
(7) Where an order under this section is proposed to be made the Minister shall cause a draft thereof to be laid before each House of the Oireachtas, and the order shall not be made until a resolution approving of the draft has been passed by each House.
Modifications (not altering text):
Minister required to consult in relation to making of regulations under subs. (1) as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 29, commenced on enactment.
Consultation by Minister in relation to making of regulations.
29.—(1) Where the Minister considers that, having regard to the functions of any Minister of the Government, that Minister of the Government ought to be consulted in relation to the making of regulations under section 4 (10), 16 (10), 24, 25 (1), 26 (1) or 27 (1) of the Principal Act, he shall not make the regulations without having consulted with that Minister of the Government.
(2) So much of the enactments aforesaid as provide for consultation with specified persons in relation to the making of regulations shall cease to have effect.
Functions transferred and references to “Department of the Public Service” and “Minister for the Public Service” construed (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3, 4 and sch., subject to transitional provisions in arts. 5-9.
Note change of name of Department of Finance and title of Minister for Finance to Department of and Minister for Public Expenditure and Reform (20.09 2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), in effect as per art. 1(2).
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Finance.
(2) References to the Department of the Public Service contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Finance.
4. (1) The functions vested in the Minister for the Public Service— —
(a) by or under the Ministers and Secretaries (Amendment) Act, 1973 (No. 14 of 1973), or the statutes mentioned in the Schedule to this Order, and
are hereby transferred to the Minister for Finance.
(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.
Local Government (Water Pollution) Act, 1977 (No. 1 of 1977);