Water Services Act 2007


Power to declare drains to be sewers for certain purposes.

69.— (1) (a) In this section a reference to a drain shall be construed as a reference to a drain or a service connection.

(b) An order under subsection (2) may relate to all or a specified part only of a specified drain, and references in this section to a drain shall be construed accordingly.

(2) A water services authority may by order declare that a specified drain shall be regarded as a sewer under the control of the water services authority for the purposes of section 63 and for no other purpose.

(3) Whenever a water services authority proposes to make an order under subsection (2) in relation to a drain—

(a) it shall, not less than 30 days before the date of the making of the order, give notice in writing of its intention to make the order to the owner of the drain and any person causing or permitting a discharge of trade effluent or other matter (other than domestic waste water or storm water) to the drain, and

(b) a person on whom a notice is served under paragraph (a) may within 30 days of the giving to him or her of the aforesaid notice make representations in writing to the water services authority in relation to the making of the order and the authority shall, before deciding whether to make the order, take into consideration any representations made by that person.

(4) An order under subsection (2) shall come into operation on such date (not being less than 6 months after the date of its making) as may be specified therein.

(5) Copies of an order under subsection (2) shall, within 10 days after the date of its making, be deposited and made available for inspection and purchase at the offices of the water services authority F51[] and a copy thereof shall, within the period aforesaid, be given or served on each person served under subsection (3)(a).

(6) (a) Where an order is made by a water services authority under subsection (2), then any person causing or permitting a discharge of trade effluent or other matter (other than domestic waste water or storm water) to the drain concerned shall, within 6 months after the order is made—

(i) apply to the authority which made the order for a licence under section 63 in respect of the discharge, or

(ii) cease the discharge.

(b) (i) A person who, in pursuance of paragraph (a), duly applies for a licence under section 63 and furnishes any information duly required by the water services authority concerned in relation to the application shall be deemed not to have contravened section 63 during the period from the commencement of the order to the grant or, as the case may be, the expiration of one month after the refusal to grant the licence, in respect of any discharge to the drain concerned that is similar in nature, composition, temperature and volume, and is made, during that period, at a rate similar to that of the discharge concerned to which paragraph (a) relates during the corresponding period before such commencement.

(ii) In a prosecution for an offence under section 63 it shall be presumed until the contrary is shown that the discharge concerned is not one to which subparagraph (i) applies.

(c) Where a drain or part of a drain through which relevant effluent is discharged is declared to be a sewer under subsection (2), then a licence under section 4 of the Act of 1977 may be reviewed by the local authority which granted it, in accordance with the provisions of that Act.

(7) A person who fails to apply for a licence or to cease a discharge to which subsection (6)(a) refers within 6 months from commencement of the relevant order commits an offence.

(8) The Minister may make regulations in relation to administrative procedures under this section.




Deleted (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 45(15), S.I. No. 575 of 2013, subject to subs. (24) which excludes certain provisions from effect of amendment.