Water Supplies Act , 1942

1 Definition.

1.—(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expressions “sanitary authority” and “sanitary district” have respectively the same meanings as they have in the Public Health Acts, 1878 to 1931;

the expression “source of water” means any lake, river, stream, well, or spring;

the expression “ancillary operations” means any of the following operations, that is to say, the embanking, damming, dredging, deepening, widening, straightening, diverting, altering the level of, or otherwise affecting a source of water or any lake, pond, river, canal, or other water connected directly or indirectly with a source of water;

the word “proposal” means a proposal under section 2 of this Act either (as the case may require) in its original form or as altered under this Act;

the word “prescribed” means prescribed by regulations made under this Act.

(2) For the purposes of this Act, the damage caused to any person by the taking of a supply of water under a proposal means the total loss suffered by such person by either or both of the following, that is to say :—

(a) reduction caused by such taking of a supply of water in the value of any estate, interest, or right in or in respect of land had or exercised by such person on the date of the coming into force of such proposal,

(b) damage caused by such taking of a supply of water to a trade, business, or profession carried on by such person on the said date.

(3) For the purposes of this Act, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed, to be ordinarily resident at its principal office or place of business.

2 Power of making proposal to take a supply of water.

2.—Whenever a sanitary authority desire to take from a source of water (whether within or without their sanitary district) a supply of water for the purpose of increasing, extending, or providing a supply of water under the Public Health Acts, 1878 to 1931, they may make, under and in accordance with this Act, a proposal for so taking such supply of water from such source of water.

3 Statements to be included in proposal.

3.—(1) Every proposal shall state—

(a) the source of water from which the supply of water is proposed to be taken;

(b) the place or places at which the supply of water is proposed to be taken;

(c) in respect of every place at which water is proposed to be taken, whether the whole or part only of the water at such place is proposed to be taken;

(d) where part only of the water at a place is proposed to be taken, the maximum rate at which it is proposed to be taken;

(e) where part only of the water at a place is proposed to be taken and the source of water is a lake, the estimated lowest summer level of the lake and sufficient particulars of the method by which it is proposed to take the water to enable a reasonable estimate to be made of the effect of such taking on the level of the lake;

(f) where part only of the water at a place is proposed to be taken and the source of water is not a lake, the estimated minimum quantity of water flowing past such place in the summer during any continuous period not exceeding one day;

(g) where the proposal involves the carrying out of any ancillary operations, particulars of such operations, and

(h) all such other (if any) matters and things as may be prescribed.

(2) The following provisions shall have effect in respect of every statement in pursuance of this section of the maximum rate at which water is proposed to be taken at any place, that is to say :—

(a) one rate only may be stated or different rates may be stated for different parts of the year, and

(b) such one rate or each of such different rates shall be stated by specifying the maximum quantity of water proposed to be taken during any continuous period not exceeding one year.

4 Procedure consequent upon making of proposal.

4.—(1) Whenever a sanitary authority have made a proposal they shall do the following things, that is to say :—

(a) take all reasonable steps to ascertain the persons (if any) to whom damage may be caused by the taking of water in accordance with the proposal and estimate as nearly as may be the amount of every (if any) such damage, and

(b) prepare in duplicate a list (in this Act referred to as the book of reference) showing, in respect of every person ascertained under the immediately preceding paragraph and whose name and address of ordinary residence are ascertainable by reasonable inquiry, such name and address, and

(c) deposit for inspection one copy of the proposal and one copy of the book of reference, and

(d) give to every person whose name appears in the book of reference as a person to whom damage may be caused a written notice conforming with this section of the proposal, and

(e) publish a notice conforming with this section of the proposal in a newspaper circulating in any sanitary district in which is situate any place at which water is proposed to be taken.

(2) Every notice which is given or published by a sanitary authority in pursuance of the foregoing sub-section of this section shall contain—

(a) a statement of the proposal to which such notice relates, and

(b) a statement of the place at which the book of reference in relation to such proposal may be inspected, and

(c) in the case of a notice given to a person, a statement that such person may make objection, to such proposal by giving to the sanitary authority before, but not after, a specified date (not being earlier than one month after the date on which such notice is given to such person) a statement in writing of such objection and the grounds thereof, and

(d) in the case of a notice published in a newspaper, a statement that any person (including a sanitary authority) whose name does not appear in the said book of reference but who is aggrieved by such proposal may make objection to such proposal by giving to the sanitary authority before, but not after, a specified date (not being earlier than one month after the publication of such notice in accordance with this section) a statement in writing of such objection, and the grounds thereof, and (in any case)

(e) a statement that if either no objection is duly made to such proposal or if every such objection so made is withdrawn, such proposal shall be deemed to have been agreed to and the sanitary authority will be empowered to take a supply of water in accordance with such proposal, and

(f) a statement that if any objection to such proposal is duly made and is not withdrawn, the sanitary authority will apply to the Minister for a provisional order declaring that such proposal may come into force, and

(g) a statement that, in the event of the sanitary authority being empowered to take a supply of water in accordance with such proposal, compensation will be payable in respect of the damage (if any) caused to any person by the taking of such supply of water.

(3) Where particulars of any ancillary operations are stated in a proposal, such particulars may be omitted from the notices under the first sub-section of this section of such proposal, but there shall be included in each of those notices which in pursuance of the said sub-section is given to any person a summary of such ancillary operations together with a statement that particulars of such ancillary operations are included in the copy of such proposal deposited for inspection with the book of reference.

(4) A notice given by a sanitary authority to a person in pursuance of the first sub-section of this section may, if the sanitary authority so thinks fit, contain an offer from the sanitary authority to such person of a specified sum of money by way of compensation for the damage in respect of which such person's name appears in the relevant book of reference.

5 Deposit of proposal and book of reference.

5.—Whenever copies of a proposal and book of reference are required by this Act to be deposited for inspection by the sanitary authority making such proposal, such copies—

(a) shall be deposited in the principal office of such sanitary authority or in some other convenient place to which the public have access not later than whichever of the following dates is the earlier, that is to say, the first date on which notice of such proposal is given to any person in pursuance of this Act or the date on which notice of such proposal is published in pursuance of this Act, and

(b) shall be kept so deposited until either such proposal has come into force and the period within which application may be made for compensation in respect thereof has expired or such proposal has been abandoned, and

(c) may, while so deposited, be inspected (including the taking of a copy of the whole or any part thereof) free of charge in the said office or other place by any person claiming to be interested during any time while such office or other place is open for the transaction of public business.

6 Objections to proposal.

6.—(1) Any person whose name appears in a book of reference may make an objection to the proposal to which such book of reference relates by delivering to the sanitary authority making such proposal before, but not after, the date specified in that behalf in the notice given to such person by such sanitary authority in pursuance of this Act a statement in writing of such objection and the grounds thereof.

(2) Any person who is aggrieved by a proposal and whose name does not appear in the book of reference relating to such proposal may make an objection to such proposal by delivering to the sanitary authority making such proposal before, but not after, the date specified in that behalf in the notice of such proposal published by such sanitary authority in pursuance of this Act a statement in writing of such objection and the grounds thereof.

(3) Without prejudice to the right of any person who is in fact aggrieved by a proposal to make, under the next preceding sub-section of this section, an objection to such proposal, each of the following persons (not being a person whose name appears in the book of reference relating to such proposal) shall be deemed to be a person aggrieved within the meaning of that sub-section by such proposal and to be entitled to make an objection thereto under the said sub-section, that is to say:—

(a) any person who is a rated occupier of property in the sanitary district of the sanitary authority making such proposal, and

(b) any other sanitary authority.

7 Agreed proposal.

7.—For the purposes of this Act, a proposal shall be deemed to have been agreed to if either no objection is duly made to such proposal or every objection duly made to such proposal is withdrawn.

8 Application for provisional order.

8.—(1) Where one or more objection or objections to a proposal has or have been duly made, the sanitary authority making such proposal may (unless such objection or all such objections is or are withdrawn) apply to the Minister for a provisional order declaring that such proposal may come into force.

(2) Every application under this section by a sanitary authority for a provisional order shall be accompanied by—

(a) one copy of the proposal in respect of which such application is made, and

(b) one copy of the book of reference relating to such proposal, and

(c) one copy of each of the objections which have been duly made to such proposal and have not been withdrawn, and

(d) a certificate in the prescribed form signed by the principal officer of such sanitary authority certifying that the said copies are true copies and that the procedure required by the foregoing provisions of this Act has been duly carried out, and

(e) any other documents which may be prescribed.

9 Functions of Minister in relation to application for provisional order.

9.—Whenever an application for a provisional order is made under this Act, the Minister shall consider such application and shall do such one of the following things as he shall think proper, that is to say:—

(a) refuse such application, or

(b) make a provisional order in accordance, with such application, or

(c) alter the proposal which is the subject of such application in such one or more of the following ways as he shall think proper, that is to say, by reducing, as he shall think proper, any maximum rate stated in such proposal or by inserting such restrictions or conditions as he shall think proper on or in respect of the proposed taking of a supply of water or on or in respect of the ancillary operations specified in such proposal and then make a provisional order in respect of such proposal as so altered.

10 Making and confirmation of provisional order.

10.—(1) Sections 209, 210, 212, 213, paragraphs (1), (2), and (7) of section 214, and section 215 of the Public Health (Ireland) Act, 1878, and sub-section (2) of section 5 of the Public Health Acts Amendment Act, 1907, shall have effect as if herein re-enacted in relation to provisional orders under this Act.

(2) Where a sanitary authority have undertaken or are about to undertake work for the purpose of increasing, extending, or providing a supply of water under the Public Health Acts, 1878 to 1931, and such work is a certified work for the purposes of the Unemployment (Relief Works) Act, 1940 (No. 34 of 1940), a provisional order under this Act in respect of a proposal to take water for the purposes of such increase, extension, or provision (as the case may be) may be confirmed by the Minister at the same time as such order is made.

(3) Section 68 of the Local Government Act, 1925 (No. 5 of 1925), shall apply and have effect in relation to the confirmation of every provisional order under this Act which is not confirmed under the immediately preceding sub-section of this section and in relation to such provisional order when confirmed, but with and subject to the following modifications, that is to say:—

(a) the rules set out in the Schedule to this Act shall be substituted for the rules set out in the Sixth Schedule to the Local Government Act, 1925,

(b) a reference to the requirements of this Act shall be substituted for the reference to the requirements of the Local Government Act, 1925, and

(c) a reference to this Act shall be substituted for the reference to the Public Health (Ireland) Acts, 1878 to 1919, or the Local Government (Ireland) Act, 1898, as the case may be.

11 Coming into force of proposal.

11.—(1) Whenever a sanitary authority has made a proposal and either such proposal has been agreed to or a provisional order in respect of such proposal, has been confirmed, such sanitary authority may publish in a newspaper circulating in any sanitary district in which is situate any place at which a supply of water is to be taken under such proposal a notice specifying the date (not being earlier than one week after the publication of such notice) on which such proposal will come into force and stating that any person (not being a person whose name appears in the book of reference relating to such proposal) who claims that damage has been or will be caused to him by the taking of a supply of water under such proposal may, at any time before, but not after, the expiration of two years from the said date specified in such notice for the coming into force of such proposal, apply in writing to the said sanitary authority for compensation in respect of such damage.

(2) When a sanitary authority has become entitled under the foregoing sub-section of this section, to publish and has duly published such notice as is mentioned in that sub-section, the proposal to which such notice relates shall come into force on the date specified in that behalf in such notice.

12 Notices of coming into force of proposal.

12.—As soon as may be after a sanitary authority has published a notice specifying the date on which a proposal made by such sanitary authority will come into force, such sanitary authority shall give to every person whose name appears in the book of reference relating to such proposal a notice in writing informing him of the said date on which such proposal will come into force and informing him that he may, at any time before, but not after, the expiration of one year from that date, apply in writing to such sanitary authority for compensation in respect of the damage which has been or will be caused to him by the taking of a supply of water under such proposal.

13 Power to take supply of water, etc.

13.—(1) When a proposal made by a sanitary authority has come into force, it shall be lawful for such sanitary authority—

(a) to take in accordance with such proposal a supply of water from the source of water to which such proposal relates, and

(b) to use such supply for the purpose of increasing, extending, or providing under the Public Health Acts, 1878 to 1931, a supply of water, and

(c) where particulars of any ancillary operations are stated in such proposal, to execute, on any land acquired by such sanitary authority either before or after such proposal comes into force or on any other land with the consent of the owner any works which are necessary for the purpose of such ancillary operations.

(2) The powers conferred on a sanitary authority by sub-section (1) of this section may be exercised—

(a) notwithstanding anything contained in section 286 of the Public Health (Ireland) Act, 1878, and

(b) notwithstanding any right of any person to prevent or restrict the exercise of such powers, and

(c) notwithstanding that such sanitary authority has not acquired the right of any person to the use of the water in the relevant source of water or to the uninterrupted flow of water from such source of water into or through any watercourse, whether natural or artificial.

14 Compensation.

14.—(1) When a proposal made by a sanitary authority has come into force every person to whom damage has been or will be caused by the taking of a supply of water under such proposal shall, on making application in writing therefor under this section, be entitled to be paid by such sanitary authority as compensation the amount of such damage.

(2) An application under this section for compensation by a person whose name appears in the book of reference relating to the proposal in respect of which the compensation is claimed shall not be made after the expiration of one year from the date on which such proposal comes into force.