Local Government (Water Pollution) Act 1977

Regulations for the purpose of section 4 and 8.

6

6. — (1) The Minister may make regulations for the purpose of sections 4 and 8.

(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 or the publication of notices;

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

(d) requiring local 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, or to publish any specified notices in relation to applications for, and the granting or refusing of, licences;

(e) prescribing charges for, or the method of calculation of charges for, the discharge of effluents or classes of effluents;

F13[(f) requiring an applicant to defray or contribute towards the cost of investigation carried out by a local authority in relation to an application;

(g) the oral hearing of any appeal to An Bord Pleanála and any such oral hearing conducted by it or by a person appointed for that purpose by it;

(h) procedural matters in relation to appeals;

(i) related ancillary and incidental matters.]

F14[(2A) Regulations under this section may make provision for—

(a) the payment to a local authority of a fee of such amount as may be specified in respect of an application to it for a licence under section 4, and

(b) F15[…]

(2B) Where, pursuant to regulations under this section, a fee is payable to a local authority in respect of an application for a licence under section 4, the local authority shall not entertain the application unless the fee is received by the local authority.

(2C) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of an appeal under section 8, 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 an appeal under section 8 and the person by whom the fee is payable is neither the applicant for the licence to which the appeal relates nor the person or one of the persons who brought the appeal, An Bord Pleanála shall not entertain submissions or observations in relation to the appeal made by or on behalf of the person by whom the fee is payable unless the fee is received by An Bord Pleanála.

(2E) 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.]

F16[(3) (a) A person who, in relation to an application for a licence under section 4 or an appeal under section 8, when—

(i) furnishing information under this section, or

(ii) verifying any such information,

makes a statement in writing 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 charge the payment of which is required under section 4 (5) (d) or a defrayment or contribution under subsection (2) (f) or section 4 (5) (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) F17[…]

Annotations:

Amendments:

F12

Inserted (1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 5(2), in effect as per art. 3.

F13

Substituted and inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 109(b), S.I. No. 846 of 2007, art. 2.

F14

Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 4, S.I. No. 270 of 1992, art. 2.

F15

Repealed (31.12.2007) by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, S.I. No. 846 of 2007, art. 4 and sch.

F16

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 110(1)(c), 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 (1.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.

F17

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

Modifications (not altering text):

C15

Minister required to consult in relation to making of regulations under subs. (10) 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.

Editorial Notes:

E28

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.

E29

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).

E30

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.

E31

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.

E32

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).

E33

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).

E34

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).

E35

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.

E36

Offence under section may be prosecuted by the local authority concerned as provided (18.07.1990) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 27(a) and table, commenced on enactment.

E37

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).

E38

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.

E39

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

E40

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).

E41

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.

E42

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.

E43

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.

E44

Previous affecting provision: subs. (2)(g) inserted 1.04.1978) by Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978), art. 5(2), in effect as per art. 3; substituted as per F-note above.