Local Government (Water Pollution) Act 1977

Registers of licences under sections 4 and 16 and of water abstractions.

9

9. — (1) Each local authority shall cause to be established and kept a register of all licences under section 4 granted by it.

(2) Each local authority shall cause to be established and kept a register of abstractions from waters in its functional area.

(3) Each sanitary authority shall cause to be established and kept a register of all licences under section 16 granted by it.

(4) A register under this section shall be kept at the offices of the local authority or sanitary authority and shall at all reasonable times be open to inspection by any person.

(5) Any person shall be entitled to obtain from a local authority or sanitary authority a copy of any entry in a register under this section on payment of a prescribed fee.

(6) Every document purporting to be a copy of an entry in a register under this section and purporting to be certified by an officer of a local authority or sanitary authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

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

(8) Without prejudice to the generality of subsection (7), regulations under this section may provide that specified classes of abstractions shall be exempt from subsection (2).

Annotations:

Amendments:

F22

Repealed by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, not commenced as of date of revision.

Modifications (not altering text):

C17

Prospective affecting provision: subs. (3) repealed by Water Services Act 2007 (30/2007), s. 4(1) and sch. 1, not commenced as of date of revision.

(3) F22[…]

C18

Application of subs. (2) restricted (5.04.1978) by Local Government (Water Pollution) Regulations 1978(S.I. No. 108 of 1978), reg. 37 and sch. 3.

37. Abstractions of the class specified in the Third Schedule shall be exempt from section 9 (2).

...

Article 37

THIRD SCHEDULE

EXEMPTED ABSTRACTIONS

Abstractions which do not exceed 25 cubic metres in any period of 24 hours.

Editorial Notes:

E57

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.

E58

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.

E59

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

E60

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.

E61

Previous affecting provision: power pursuant to section exercised (11.04.1983) by Local Government (Water Pollution) Regulations 1983 (S.I. No. 36 of 1983), in effect as per reg. 2; revoked (1.06.1985) by Local Government (Water Pollution) (Fees) Regulations 1985 (S.I. No. 115 of 1985), reg. 4, in effect as per reg. 2.