Water Services Act 2007
Number 30 of 2007
WATER SERVICES ACT 2007
REVISED
Updated to 28 April 2023
This Revised Act is an administrative consolidation of the Water Services Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including Air Navigation and Transport Act 2022 (Commencement) Order 2023 (S.I. No. 220 of 2023), made 27 April 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 30 of 2007
WATER SERVICES ACT 2007
REVISED
Updated to 28 April 2023
Introduction
This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.
Related legislation
Environmental Protection Agency Acts 1992 to 2011: this Act is one of a group of Acts included in this collective citation, to be cited together as one (Environmental Protection Agency Act 1992 (First Schedule) (Amendment) Regulation 2011 (S.I. No. 308 of 2011), reg. 2.) The Acts in this group are:
• Environmental Protection Agency Act 1992 (7/1992)
• Protection of the Environment Act 2003 (27/2003), Part 2
• Water Services Act 2007 (30/2007), ss. 1(2) and 107
• Environmental Protection Agency Act 1992 (First Schedule) (Amendment) Regulations 2011 (S.I. No. 308 of 2011)
Fisheries Acts 1959 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Sea-Fisheries (Miscellaneous Provisions) Act 2022 (2/2022), s. 15(3)). The Acts in this group are:
• Fisheries (Consolidation) Act 1959 (14/1959)
• Fisheries (Amendment) Act 1962 (31/1962)
• Fisheries (Amendment) Act 1964 (23/1964)
• Fisheries (Amendment) Act 1976 (23/1976)
• Fisheries Act 1980 (1/1980)
• Fisheries (Amendment) Act 1987 (14/1987)
• Fisheries (Amendment) (No. 2) Act 1987 (32/1987)
• Local Government (Water Pollution) (Amendment) Act 1990 (21/1990)
• Fisheries (Amendment) Act 1991 (26/1991)
• Fisheries (Amendment) Act 1994 (23/1994)
• Fisheries (Amendment) Act 1995 (27/1995)
• Fisheries (Commissions) Act 1997 (1/1997)
• Fisheries (Amendment) Act 1997 (23/1997)
• Fisheries and Foreshore (Amendment) Act 1998 (54/1998), ss. 2 to 4 and, in so far as they relate to those sections, ss. 1 and 7
• Fisheries (Amendment) Act 1999 (35/1999)
• Fisheries (Amendment) Act, 2001 (40/2001)
• Fisheries (Amendment) Act 2003 (21/2003), other than s. 32 and s. 2 in so far as it relates to s. 32
• Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), other than Part 3 and sections 100, 102, 103 and 104
• Water Services Act 2007 (30/2007), ss. 1(5) and 111
• Sea-Fisheries (Amendment) Act 2019 (9/2019)
• Sea-Fisheries (Miscellaneous Provisions) Act 2022 (2/2022), ss. 1 to 13
Acts previously included in the group but now repealed are:
• Fisheries (Amendment) Act 1974 (25/1974)
• Fisheries (Amendment) Act 1978 (18/1978)
• Fisheries (Amendment) Act 1983 (27/1983)
• Fisheries (Amendment) Act 2000 (34/2000)
Housing Finance Agency Acts 1981 to 2007: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Water Services Act 2007 (30/2007), s. 1(3)). The Acts in this group are:
• Housing Finance Agency Act 1981 (37/1981)
• Housing Finance Agency (Amendment) Act 1982 (27/1982)
• Housing Finance Agency (Amendment) Act 1985 (20/1985)
• Housing Finance Agency (Amendment) Act 1988 (1/1988)
• Housing (Miscellaneous Provisions) Act 1992 (18/1992), ss. 14, 15, 29 and 38(3)
• Water Services Act 2007 (30/2007), ss. 1(3) and 108
Inland Fisheries Acts 1959 to 2017: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Inland Fisheries Act 2017 (16/2017), s. 5(3)). The Acts in this group are:
• Fisheries (Consolidation) Act 1959 (14/1959)
• Fisheries (Amendment) Act 1962 (31/1962)
• Fisheries (Amendment) Act 1964 (23/1964)
• Fisheries (Amendment) Act 1976 (23/1976)
• Fisheries Act 1980 (1/1980)
• Fisheries (Amendment) Act 1987 (14/1987)
• Fisheries (Amendment) Act (No. 2) Act 1987 (32/1987)
• Fisheries (Amendment) Act 1991 (26/1991)
• Fisheries (Amendment) Act 1994 (23/1994)
• Fisheries (Amendment) Act 1995 (27/1995)
• Fisheries (Commissions) Act 1997 (1/1997)
• Fisheries (Amendment) Act 1997 (23/1997), (insofar as it relates to IFI)
• Fisheries (Amendment) Act 1999 (35/1999)
• Water Services Act 2007 (30/2007), s. 111
• Inland Fisheries Act 2010 (10/2010)
• Inland Fisheries (Amendment) Act 2017 (16/2017)
Local Government Acts 1925 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 3(3)). The Acts in this group are:
• Local Government Act 1925 (5/1925)
• Local Government Act 1927 (3/1927)
• Local Government Act 1941 (23/1941)
• Local Government Act 1946 (24/1946)
• Local Government Act 1955 (9/1955)
• Local Government (No. 2) Act 1960 (40/1960)
• Local Government (Buncrana) Act 1968 (2/1968)
• Local Government (Rateability of Rents) (Abolition) Act 1971 (15/1971), in so far as it amends the Local Government Acts 1925 to 1968
• Local Government (Financial Provisions) Act 1978 (35/1978)
• Local Government (Financial Provisions) Act 1983 (10/1983)
• Local Government (Financial Provisions) (No. 2) Act 1983 (21/1983)
• Local Government (Reorganisation) Act 1985 (7/1985)
• Local Government Act 1991 (11/1991)
• Local Government Act 1994 (8/1994)
• Local Government (Financial Provisions) Act 1997 (29/1997)
• Local Government Act 1998 (16/1998)
• Local Government (Financial Provisions) Act 2000 (6/2000)
• Local Government Act 2001 (37/2001), other than ss. 163, 164 and 211 and Parts 23 and 24
• Local Government Act 2003 (8/2003)
• Local Government (No.2) Act 2003 (17/2003)
• Electoral (Amendment) Act 2004 (15/2004), s. 34
• Local Government (Business Improvement Districts) Act 2006 (42/2006), ss. 2 to 7
• Water Services Act 2007 (30/2007), ss. 1(7), 13 and 115
• Copyright and Related Rights (Amendment) Act 2007 (39/2007), Part 3
• Local Government (Miscellaneous Provisions) Act 2012 (17/2012), Part 4
• Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 9
• Local Government Reform Act 2014 (1/2014), other than s. 1(3)-(8), s. 5(3)-(5) and sch. 2
• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), ss. 1(2)(c), 52
• Local Government Act 2019 (1/2019)
• Local Government Rates and other Matters Act 2019 (24/2019), other than ss. 23-26
• Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 2
Local Government (Water Pollution) Acts 1977 to 2007: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Water Services Act 2007 (30/2007), s. 1(4)). The Acts in this group are:
• Local Government (Water Pollution) Act 1977 (1/1977)
• Local Government (Water Pollution) Act 1990 (21/1990)
• Water Services Act 2007 (30/2007), ss. 1(4), 109 and 110
Planning and Development Acts 2000 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 1(2)). The Acts in this group are:
• Planning and Development Act 2000 (30/2000)
• Local Government Act 2001 (37/2001), ss. 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000) and s. 247
• Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3
• Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2
• Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)
• Water Services Act 2007 (30/2007), ss. 114 and 1(6)
• Harbours (Amendment) Act 2009 (26/2009), ss. 7(1) and (2) and s. 21(3)
• Planning and Development (Amendment) Act 2010 (30/2010), other than Part 3
• Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)
• Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5
• Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8
• Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and sch. 2, part 4.
• Urban Regeneration and Housing Act 2015 (33/2015)
• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), other than s. 1(2)(b), (c) and sch. parts 3-5
• Planning and Development (Amendment) Act 2017 (20/2017)
• Planning and Development (Amendment) Act 2018 (16/2018), other than Part 4 and sch. 3 ref. nos. 12-18
• Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), Part 3 (ss. 11-18)
• Residential Tenancies (Amendment) Act 2019 (14/2019), s. 38
• Local Government Rates and other Matters Act 2019 (24/2019), ss. 23, 24
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 9
• European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), Part II (reg. 5)
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020)
• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), Part 2 chs. 2 (ss. 4-11), 5 (s. 15)
• Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021)
• Maritime Area Planning Act 2021 (50/2021), Part 8 (ss. 171-174) and schs. 10 to 12
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), Part 2 (ss. 2-41)
• Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), Part 2 (ss. 2-14)
Water Services Acts 2007 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Water Services (Amendment) Act 2022 (39/2022), s. 1(2)). The Acts in this group are:
• Water Services Act 2007 (30/2007)
• Water Services (Amendment) Act 2012 (2/2012)
• Water Services Act 2013 (6/2013)
• Water Services (No. 2) Act 2013 (50/2013)
• Water Services Act 2014 (44/2014)
• Environment (Miscellaneous Provisions) Act 2015 (29/2015), Part 10
• Water Services Act 2017 (29/2017)
• Water Services (Amendment) Act 2022 (39/2022)
Annotations
This revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Water Services (Amendment) Act 2022 (39/2022)
• Planning and Development (Amendment) Act 2018 (16/2018)
• Water Services Act 2017 (29/2017)
• Environment (Miscellaneous Provisions) Act 2015 (29/2015)
• Water Services Act 2014 (44/2014)
• Local Government Reform Act 2014 (1/2014)
• Water Services (No. 2) Act 2013 (50/2013)
• Electoral, Local Government and Planning and Development Act 2013 (27/2013)
• Water Services Act 2013 (6/2013)
• Local Government (Miscellaneous Provisions) Act 2012 (17/2012)
• Water Services (Amendment) Act 2012 (2/2012)
• Environment (Miscellaneous Provisions) Act 2011 (20/2011)
• Inland Fisheries Act 2010 (10/2010)
• Fines Act 2010 (8/2010)
All Acts up to and including Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• European Union (Natural Mineral Waters, Spring Waters and Other Waters in Bottles or Containers) (Amendment) Regulations 2022 (S.I. No. 691 of 2022)
• Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2018 (S.I. No. 2 of 2018)
• Water Services Act 2007 (Threshold Amount and Allowance Amount) Order 2017 (S.I. No. 597 of 2017)
• Domestic Waste Water Treatment Systems (Financial Assistance) Regulations 2013 (S.I. No. 222 of 2013)
• Planning and Development (Amendment) Regulations 2013 (S.I. No. 219 of 2013)
• Water Services Act 2007 (Appointment of Inspectors) Regulations 2013 (S.I. No. 190 of 2013)
• Water Services Act 2007 (Re-inspection) Regulations 2013 (S.I. No. 189 of 2013)
• Domestic Waste Water Treatment Systems (Registration) (Amendment) Regulations 2013 (S.I. No. 180 of 2013)
• European Union (Inspection Plan) Regulations 2013 (S.I. No. 38 of 2013)
• Water Services Act 2007 (Registration and Inspections) Regulations 2012 (S.I. No. 384 of 2012)
• Water Services Acts 2007 and 2012 (Domestic Waste Water Treatment Systems) Regulations 2012 (S.I. No. 223 of 2012)
• Domestic Waste Water Treatment Systems (Registration) Regulations 2012 (S.I. No. 220 of 2012)
• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)
• Environmental Protection Agency Act 1992 (First Schedule)(Amendment) Regulations 2011 (S.I. No. 308 of 2011)
• Water Services Act 2007 (Waste Water Compliant Notice Form) Regulations (S.I. No. 141 of 2009)
• Water Services Act 2007 (Commencement) Order 2009 (S. I. No. 139 of 2009)
• European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008)
• Water Services Act 2007 (Commencement) Order 2008 (S. I. No. 528 of 2008)
• Water Conservation Regulations 2008 (S.I. No. 527 of 2008)
• National Rural Water Services Committee (Establishment Day) Order 2008 (S.I. No. 522 of 2008)
• National Rural Water Services Committee Regulations 2008 (S.I. No. 510 of 2008)
• Water Services Act 2007 (Commencement) Order 2007 (S. I. No. 846 of 2007)
All statutory instruments up to and including Air Navigation and Transport Act 2022 (Commencement) Order 2023 (S.I. No. 220 of 2023), made 27 April 2023, were considered in the preparation of this revision.
Number 30 of 2007
WATER SERVICES ACT 2007
REVISED
Updated to 28 April 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, collective citations and construction.
7. Obligation to give information on ownership.
11. Payment of certain fines to prosecuting authorities.
14. Offences by bodies corporate.
17. Schemes of financial assistance.
18. Regulations, orders and directions.
21. Powers of examination, investigation and survey.
22. Powers of authorised persons.
27. Transfer or extension of functions.
General Functions
30. General functions of Minister.
31. Powers of a water services authority.
32. General functions of water services authorities in relation to provision of water services.
33. Connections to waterworks or waste water works.
34. Guidelines and codes of practice.
35. Guidelines and codes of practice in criminal proceedings.
36. Water services strategic plan.
37. Functions of Minister in relation to water services strategic plans.
38. Implementation of a water services strategic plan or any revision thereof.
39. Transfer of functions from sanitary authorities.
40. Joint provision of water services.
42. Requirement to connect to waterworks or waste water works.
44. Repairs to service connections.
46. Obligations under other enactments.
47. Monitoring and inspection.
50. Agreement to take over proposed waterworks or waste water works.
51. Temporary interruption to water services.
Water Supply
53A. Review by Commission of rate of demand for water services provided to dwellings.
53B. Threshold amount and allowance amount.
53C. Provision of water services exceeding threshold amount.
53D. Notice of provision of water services exceeding threshold amount.
53E. Allowance for household size.
53F. Exemption where certain medical need.
54. General duties of an owner.
55. Connection to a water supply.
59. Power to order the closure of a polluted water source.
Waste Water
60. Maintenance of waste water works.
62. Nuisances in sewers, drainage of premises, etc.
63. Licensing of discharges to sewers.
64. Transitional arrangements.
65. Review of a licence under section 63.
66. Appeals in relation to sections 63 and 65.
67. Regulations for purpose of sections 63 and 66.
68. Sewage facilities for vessels, etc.
69. Power to declare drains to be sewers for certain purposes.
70. General duties of an owner or occupier.
Domestic Waste Water Treatment
70B. Register of domestic water treatment systems.
70C. Duties of owners premises connected to domestic waster water treatment systems.
70D. Sale of premises connected to domestic waster water treatment systems.
70E. Appointment of Inspectors.
70H. Inspection of domestic waste water treatment systems.
70I. Supervision of water services authorities.
70J. Directions to Inspectors.
70K. National inspection plan.
Meters
Rural Water Services
General administrative provisions
75. National Rural Water Services Committee. (Repealed)
76. County rural water services committees.
77. Rural water services strategic plans.
Supervision of water services
78. Responsibility of water services authorities.
80. Determination of an activity as a licensable water services activity.
81. Grant of a water services licence.
82. Water services authority to be licensing authority.
83. Conditions attached to a water services licence.
84. Review of a water services licence.
85. Revocation of a water services licence.
86. Decision by a water services authority in relation to licences or licence applications.
87. Appeals in relation to sections 81, 83, 84 and 85.
88. Regulations for the purposes of this Chapter.
89. Contravention of a condition of a water services licence.
92. Through connection to services, etc.
Acquisition Provisions
93. Power to acquire land, etc.
94. Extension of acquisition powers.
96. Compulsory acquisition of waterworks or waste water works by a water services authority.
Miscellaneous
Miscellaneous provisions concerning provision of water services
97. Laying of water mains, sewers, service connections and related cables and wires.
98. Alteration of sewers and pipelines by other persons.
99. Policy directions by Minister.
101. Non-application of certain statutes.
103. Determination by the Board of fees for certain appeals.
105. Power to make and fix charges for non-domestic water services.
106. Regulations for the purpose of section 105.
Miscellaneous amendments
107. Amendment of Act of 1992.
108. Amendment of Housing Finance Agency Act 1981.
109. Amendment of Act of 1977.
110. Increase of penalties under Local Government (Water Pollution) Acts 1977 and 1990.
111. Increase of penalties under sections 171 and 172 of Fisheries (Consolidation) Act 1959.
112. Amendment of Water Supplies Act 1942.
113. Amendment of Local Government (Financial Provisions) (No. 2) Act 1983.
114. Amendment of Act of 2000.
115. Amendment of Act of 2001.
116. Amendment of Housing of the Working Classes Act 1885.
Enactments Repealed
Discharge Pre-treatment Objectives
Acts Referred to
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1988, No. 8 |
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1987, No. 6 |
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Air-raid Precautions Acts 1939 and 1946 |
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1985, No. 11 |
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Arbitration Acts 1954 to 1998 |
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Arterial Drainage Acts 1945 and 1995 |
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2003, No. 24 |
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Bray Township Act 1866 |
29 & 30 Vic., c. 261 |
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1990, No. 3 |
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Canals Acts 1986 and 2005 |
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1995, No. 19 |
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Civil Defence Acts 1939 to 2002 |
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1961, No. 41 |
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1963, No. 12 |
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2002, No. 20 |
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Control of Dogs Acts 1986 and 1992 |
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1996, No. 37 |
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Coroners Acts 1962 and 2005 |
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Dangerous Substances Acts 1972 and 1979 |
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1990, No. 14 |
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Dublin Corporation Waterworks Act 1861 |
24 & 25 Vic., c. 172 |
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Dublin Corporation Waterworks Act 1874 |
37 & 38 Vic., c. 142 |
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1997, No. 7 |
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1987, No. 34 |
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Electoral Acts 1992 to 2004 |
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1992, No. 7 |
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Environmental Protection Agency Acts 1992 and 2003 |
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2000, No. 8 |
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1972, No. 27 |
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Finance (Excise Duties) (Vehicles) Acts 1952 and 1960 |
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Fire Services Acts 1981 and 2003 |
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Fisheries Acts 1959 to 2006 |
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1997, No. 23 |
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1959, No. 14 |
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1998, No. 29 |
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Foreshore Acts 1933 to 2005 |
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Gaming and Lotteries Acts 1956 to 2003 |
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Harbours Acts 1946 to 2005 |
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Harbours Acts 1996 to 2005 |
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Health Acts 1947 to 2006 |
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1960, No. 46 |
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Housing Acts 1966 to 2004 |
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1981, No. 37 |
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Housing Finance Agency Acts 1981 to 1992 |
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2002, No. 9 |
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Housing of the Working Classes Act 1885 |
53 & 54 Vic., c. 70 |
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Housing (Private Rented Dwellings) Acts 1982 and 1983 |
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2003, No. 31 |
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2003, No. 15 |
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Litter Pollution Acts 1997 to 2003 |
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Local Authorities (Higher Education Grants) Acts 1968 to 1992 |
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1936, No. 55 |
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Local Authorities (Mutual Assurance) Acts 1926 to 1935 |
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Local Authorities (Officers and Employees) Acts 1926 to 1983 |
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Local Authorities (Traffic Wardens) Acts 1975 and 1987 |
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1949, No. 17 |
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Local Elections Acts 1974 to 2004 |
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2001, No. 37 |
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Local Government Acts 1925 to 2006 |
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1924, No. 11 |
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1993, No. 31 |
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2000, No. 6 |
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1983, No. 21 |
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1988, No. 29 |
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1970, No. 2 |
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1948, No. 3 |
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1962, No. 26 |
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Local Government (Sanitary Services) Acts 1878 to 2001 |
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1980, No. 8 |
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1977, No. 1 |
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Local Government (Water Pollution) Acts 1977 and 1990 |
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1990, No. 21 |
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Malicious Injuries Acts 1981 and 1986 |
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Metrology Acts 1980 to 1998 |
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Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003 |
2003, No. 39 |
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National Monuments Acts 1930 to 2004 |
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1997, No. 20 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vic., c. 93 |
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2000, No. 30 |
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Planning and Development Acts 2000 to 2006 |
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1935, No. 17 |
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Presidential Elections Acts 1992 to 2004 |
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2003, No. 27 |
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Public Health Acts Amendment Act 1890 |
53 & 54 Vic., c. 59 |
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Public Health Acts Amendment Act 1907 |
7 Edw. 7, c. 53 |
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Public Health (Ireland) Act 1878 |
41 & 42 Vic., c. 52 |
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Public Health (Ireland) Act 1896 |
59 & 60 Vic., c. 54 |
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1993, No. 14 |
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Roads Acts 1993 to 2001 |
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Road Traffic Acts 1961 to 2006 |
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2005, No. 10 |
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Seanad Electoral (Panel Members) Acts 1947 to 2001 |
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State Authorities (Public Private Partnership Arrangements) Act 2002 |
2002, No. 1 |
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2000, No. 18 |
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Údarás na Gaeltachta Acts 1979 to 1999 |
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Universities Acts 1997 and 1999 |
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1998, No. 27 |
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Urban Renewal Acts 1986 and 1987 |
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2001, No. 13 |
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Vocational Education Acts 1930 to 2001 |
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1996, No. 10 |
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Waste Management Acts 1996 to 2003 |
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Water Rate Definition Act 1885 |
48 & 49 Vic., c. 34 |
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1942, No. 1 |
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Waterworks Clauses Act 1847 |
10 & 11 Vic., c. 17 |
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Waterworks Clauses Act 1863 |
26 & 27 Vic., c. 93 |
Number 30 of 2007
WATER SERVICES ACT 2007
REVISED
Updated to 28 April 2023
AN ACT TO PROVIDE, IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROVISION OF WATER SERVICES; TO GIVE EFFECT TO CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES IN RESPECT OF THOSE SERVICES AND, IN ADDITION, TO MAKE PROVISION FOR MISCELLANEOUS AMENDMENTS TO THE LOCAL GOVERNMENT (WATER POLLUTION) ACTS 1977 AND 1990 AND THE FISHERIES (CONSOLIDATION) ACT 1959 AND THE ENVIRONMENTAL PROTECTION AGENCY ACT 1992 AND CERTAIN OTHER ENACTMENTS RELATING GENERALLY TO THE PROVISION OF WATER SERVICES AND TO PROVIDE FOR RELATED MATTERS.
[14th May, 2007]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Certain functions in relation to Local Government Acts 1925 to 2014 transferred (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 24(2), S.I. No. 214 of 2014 and S.I. No. 216 of 2014 (transfer day).
Dissolution of town councils and transfer date
24.—...
(2) On the transfer date each town council stands dissolved and ceases to exist and—
(a) the local authority for a county or a city and county in which a town whose town council is so dissolved is situated shall, for all purposes, become and be the successor to the town council on that date, and
(b) the area of a town whose town council is so dissolved shall, for the purposes of all functions of the local authority (whether under the Local Government Acts 1925 to 2014 or otherwise) for the county or city and county in which the town is situated, be included in and form part of that county or city and county.
C2
Certain references construed (1.05.2014) by Local Government Act 2014 (1/2014), s. 9(2)(3), S.I. No. 214 of 2014.
Cesser and amalgamation of certain local government areas
9. —...
(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—
(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and
(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.
(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—
(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and
(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.
C3
Certain functions in relation to Act transferred and references construed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), ss. 7(1),(2),(4), 8 and s. 10, S.I. No. 575 of 2013 and S.I. No. 576 of 2013 (transfer day).
Transfer day
6. The Minister shall, by order, appoint a day to be the transfer day for the purposes of this Act.
Transfer of functions from water service authorities to Irish Water
7. (1) Subject to section 10, all functions conferred on water services authorities by the Act of 2007 (other than an excluded provision and section 22) shall, on the transfer day, stand transferred to Irish Water.
(2) References to a water services authority or relevant water services authority in—
(a) the Act of 2007 or in any instrument made under that Act, or
(b) any other enactment (other than the Act of 2013) or instrument under any other enactment,
in so far as they relate to any function transferred by this Act, shall on and after the transfer day, be construed as references to Irish Water.
...
(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.
Transfer of functions under certain other enactments to Irish Water
8. (1) The functions of a local authority under section 2 of the Local Government (Financial Provisions) (No. 2) Act 1983 shall, on the transfer day and in so far only as that section relates to the Act of 2007, stand transferred to Irish Water and, accordingly, references in that section to a local authority shall be construed as including references to Irish Water.
...
(3) This section shall cease to have effect upon the commencement of section 21.
...
Continuance of certain functions of water service authorities
10. Functions transferred to Irish Water under section 7 shall, on and after the transfer day continue to be performable by a water services authority for the purposes of the performance of its functions under an excluded provision and, accordingly, for those purposes references in the Act of 2007 that, by virtue of subsection (2) of section 7, are to be construed as references to Irish Water shall be construed as including references to a water services authority.
C4
Application of Act and collectively cited Local Government (Water Pollution) Acts 1977 to 2007 and Inland Fisheries Acts 1959 to 2010 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.
...
Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactements set out in the Second Schedule to these Regulations.
...
General Provisions regarding licences etc.
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with guideline or code or practice issued under Regulation or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
|
Number |
Year |
Short Title/Citation |
|
... ... ... 30 ... |
... ... ... 2007 ... |
... Inland Fisheries Acts 1959 to 2010 ... Local Government (Water Pollution) Acts 1977 to 2007 ... Water Services Act 2007 ... |
Editorial Notes:
E1
Application of Act and collectively cited Local Government (Water Pollution) Acts 1977 to 2007 and Inland Fisheries Acts 1959 to 2010 included in European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), sch. 2 (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), in effect as per reg. 1(3).
E2
Discharges or injections of pollutants into surface water operated under a licence issued pursuant to or under Act included in list of occupational activities contained in sch. 3 to European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008) (1.04.2009) by European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008), reg. 3(1)(a) and sch. 3 par. 2(e)(IV), in effect as per reg. 1(2).