Local Government (Water Pollution) Act 1977

Review of licence under section 4.

7

7. (1) A local authority may review a licence under section 4 at intervals of not less than three years from the date of the licence or the last review of the licence, or at any time with the consent of the person making, causing or permitting the discharge.

F18[(2) Notwithstanding any other provision of this Act or any condition in a licence under section 4, any such licence may be reviewed at any time by the local authority that granted it if—

(a) the local authority has reasonable grounds for believing that the discharge authorised by the licence is or is likely to be injurious to public health or renders or is likely to render the waters concerned unfit for use for domestic, commercial, industrial, fishery (including fish-farming), agricultural or recreational uses,

(b) there has been a material change in the nature or volume of the discharge,

(c) there has been a material change in relation to the waters to which the discharge is made,

(d) further information has become available since the date of the granting of the licence relating to polluting matter present in the discharge concerned or relating to the effects of such matter, or

(e) the licensee applies to the local authority concerned to review the licence.

(2A) Notwithstanding any other provision of this Act or any condition in a licence under section 4, where regulations are in force under section 26 such a licence relating to an effluent or waters to which the regulations apply shall be reviewed by the local authority that granted it—

(a) in case it was in force before the commencement of the regulations, as soon as may be after such commencement and thereafter at such intervals as may be specified in the regulations, and

(b) in any other case, at such intervals as may be specified in the regulations.

(3) Upon completion of a review under this section, a local authority may amend or delete any condition of the licence or attach conditions or additional conditions to the licence or revoke the licence; and if the local authority proposes to exercise a power aforesaid, it shall do so as soon as may be after the completion of the relevant review under this section.]

(4) (a) The Minister may make regulations for the purpose of this section.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters:

(i) the giving of notice by a local authority to a person discharging or causing or permitting a discharge of intention to review a licence,

(ii) requiring a statement in such a notice that representations relating to the review may be made within a specified period, and

(iii) requiring local authorities to publish any specified notices with respect to amendment or deletion of any condition attached, or attachment of new conditions, to a licence.

F19[(c) Without prejudice to the generality of paragraph (a), regulations under this subsection may also make provision in relation to any of the following matters:

(i) the payment to local authorities of fees of such amounts as may be specified in the regulations in relation to reviews of licences,

(ii) the payment of fees of different amounts in respect of different classes of such reviews as aforesaid,

(iii) exemption from the payment of such fees in such circumstances as may be specified,

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

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

F20[(5) Where, pursuant to regulations under this section, a fee is payable to a local authority, the local authority shall not conduct the review in relation to which it is payable until the receipt thereof by the local authority.]

Annotations:

Amendments:

F18

Substituted and inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 5(a), S.I. No. 270 of 1992, art. 2.

F19

Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 5(b), S.I. No. 270 of 1992, art. 2.

F20

Inserted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 5(c), S.I. No. 270 of 1992, art. 2.

Editorial Notes:

E45

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.

E46

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).

E47

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).

E48

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).

E49

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.

E50

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).

E51

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.

E52

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