Local Government (Water Pollution) Act 1977
F63[Regulations for the prevention or limitation of water pollution.
26A.—(1) For the purpose of preventing or limiting water pollution, the Minister may, by regulations, prohibit or limit or control in a specified manner and to a specified extent, the production, treatment, use (in a process or otherwise), importation, distribution, storage, transport, supply or sale of any specified substance or of any article containing any specified substance.
(2) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) make different provisions for different substances or articles,
(b) require local authorities or other specified persons to take specified steps for the purposes of securing compliance with the regulations,
(c) contain such incidental, consequential and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of such regulations.
F64[(3) (a) A person who contravenes a regulation under this section commits an offence.
(b) A person who commits an offence under this section is liable—
(i) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or
(ii) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.]
(4) A prosecution for an offence under this section may be taken by the Minister, a local authority, or such other person as may be specified in regulations under this section.]
Annotations:
Amendments:
F63
Inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 66(1), S.I. No. 192 of 1996, art. 2.
F64
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(j), S.I. No. 846 of 2007, art. 2. A fine of €5,000 translates into a class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2021.
Editorial Notes:
E166
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.
E167
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).
E168
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).