Local Government (Water Pollution) Act 1977

Appeals in relation to sections 4 and 7.

8

F21[8.—(1) (a) A person may, before the expiration of such period as may be prescribed, appeal to An Bord Pleanála in relation to—

(i) the grant, refusal to grant or revocation of a licence under section 4,

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

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

by a local authority.

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

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

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

(iii) in case an appeal or appeals is or are brought against it and the appeal or appeals is or are withdrawn—

(I) if the period referred to in paragraph (a) has expired, upon such withdrawal, and

(II) if the period aforesaid has not expired, upon its expiry.

(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 local authority concerned (including a direction that a specified condition be attached to the licence concerned or be amended or deleted) and a local authority shall comply with any such direction.]

Annotations:

Amendments:

F21

Substituted (1.11.1992) by Local Government (Water Pollution) (Amendment) Act 1990 (21/1990), s. 6(1), S.I. No. 270 of 1992, art. 2.

Modifications (not altering text):

C16

Application of subs. (1)(a) 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, subject to transitional provision in subs. (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:

E53

An Bord Pleanála may determine fees for appeal under section with approval by Minister as provided (31.12.2007) by Water Services Act 2007 (30/2007), s. 103(1), S.I. No. 846 of 2007, subject to transitional provision in subs. (5).

E54

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.

E55

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

E56

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.