LOCAL GOVERNMENT (SANITARY SERVICES) ACT, 1962

AN ACT TO AMEND AND EXTEND THE LOCAL GOVERNMENT (SANITARY SERVICES) ACTS, 1878 TO 1952. [8th August, 1962.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—(1) In this Act “the Minister” means the Minister for Local Government.

• (2) A reference in this Act to contravention of any provision includes, where appropriate, a reference to contravention of that provision by failing or refusing to comply therewith.

2 Grants by Minister.

2.—(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make grants out of moneys provided by the Oireachtas to persons providing and installing in dwelling-houses private water supplies or private sewerage facilities where the provision and installation is commenced after the 1st day of April, 1962.

• (2) Where the Minister makes a grant under this section, the valuation of the tenement consisting of or including the dwelling-house, or of any of the tenements consisting of or including the dwelling-houses, shall not, on any valuation or revision of valuation thereof coming into force within seven years after the completion of the provision and installation, be increased on account of any increase in the value of such tenement arising from the provision and installation.

• (3) The Minister may make regulations for the purposes of this section.

3 Grants by sanitary authority.

3.—(1) A sanitary authority may, subject to regulations made under this section, make grants to persons providing and installing in dwelling-houses private water supplies or private sewerage facilities where the provision and installation is commenced after the 1st day of April, 1962.

• (2) Where a sanitary authority makes a grant under this section, the valuation of the tenement consisting of or including the dwelling-house, or of any of the tenements consisting of or including the dwelling-houses, shall not, on any valuation or revision of valuation thereof coming into force within seven years after the completion of the provision and installation, be increased on account of any increase in the value of such tenement arising from the provision and installation.

• (3) The Minister may, with the consent of the Minister for Finance, contribute, out of moneys provided by the Oireachtas, to any expenditure incurred by a sanitary authority in the payment of grants under this section.

• (4) The Minister may make regulations for the purposes of this section.

4 Advances by sanitary authority.

4.—(1) A sanitary authority may make advances to persons providing and installing in dwelling-houses private water supplies or private sewerage facilities where the provision and installation is commenced after the 1st day of April, 1962.

• (2) Advances under this section shall be made on such terms as to repayment, interest, security and any other matters as may be determined by the sanitary authority subject to the approval of the Minister given either generally or in particular cases.

5 Guarantees by sanitary authority.

5.—(1) A sanitary authority may guarantee advances made to persons providing and installing in dwelling-houses private water supplies or private sewerage facilities where the provision and installation is commenced after the 1st day of April, 1962.

• (2) Guarantees under this section shall be made on such terms as to security and any other matters as may be determined by the sanitary authority subject to the approval of the Minister given either generally or in particular cases.

6 Purchase of sewerage undertakings and waterworks.

6.—(1) Section 202 of the Public Health (Ireland) Act, 1878, is hereby amended—

• (a) by the insertion of “and may, for the purpose of drainage or sewage disposal, purchase either within or without their district any sewerage undertaking;” before “and may”;

• (b) by the insertion of “or any waterworks” before “or any water”;

• (c) by the addition at the end of the section of:

“In this section ‘sewerage undertaking’ includes sewers, drains, pumps, tanks, sluices, culverts and engines, and all machinery, lands, buildings and things for the purposes of drainage or sewage disposal.”

• (2) Subject to paragraph (i) of subsection (5) of this section, it shall be a valid ground for objection to a compulsory purchase order made by virtue of this section in respect of any sewerage undertaking or waterworks that the purchase is necessary neither for the purpose of safeguarding public health nor for the purpose of improved sewerage facilities or water supply and, if such objection is made and the Minister, having considered it and the report of the person holding the inquiry in relation to the order, is of opinion that the purchase is necessary neither for the purpose of safeguarding public health nor for the purpose of improved sewerage facilities or water supply, the order shall not be confirmed.

• (3)
• (a) Where—

• (i) all or a majority of the persons entitled to sell by agreement to a sanitary authority any sewerage undertaking or waterworks request the sanitary authority to purchase the sewerage undertaking or waterworks, and

• (ii) the sewerage undertaking or waterworks is or are in good order and repair, the following provisions shall have effect:

• (I) in case the request is by all of those persons and they and the sanitary authority are in agreement as to the terms upon which the purchase is to be effected, it shall be obligatory on the sanitary authority to purchase the sewerage undertaking or waterworks on those terms,

• (II) in any other case, it shall be obligatory on the sanitary authority to exercise their powers of compulsory purchase of the sewerage undertaking or waterworks.

• (b) Any dispute arising in relation to this subsection as to whether any sewerage undertaking or waterworks is or are in good order and repair shall be referred to the Minister for decision.

• (4)
• (a) Where, in the case of the compulsory purchase by a sanitary authority of any sewerage undertaking or waterworks, the compensation to be paid to a claimant to whom any relevant grant has been made in relation to the sewerage undertaking or waterworks is being determined by arbitration, the arbitrator shall have regard to the fact that such grant was made.

• (b) In the foregoing paragraph “relevant grant” means a grant under this Act, under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1960, or the Housing (Gaeltacht) Acts, 1929 to 1959, or under any scheme administered by the Minister for Agriculture.

• (5) Where, in the case of a compulsory purchase by a sanitary authority of any sewerage undertaking or waterworks, default has occurred—

• (a) in making any payment to the sanitary authority of principal of or interest on any advance made by them under this Act in relation to the sewerage undertaking or waterworks, or

• (b) in making any payment to the sanitary authority in respect of any payment made by the sanitary authority on any guarantee given by them under this Act in relation to the sewerage undertaking or waterworks, or in respect of interest on any such payment, the following provisions shall have effect:

• (i) subsection (2) of this section shall not have effect,

• (ii) where compensation in relation to the purchase is to be paid to a claimant by whom any amount is due in respect of any such default as aforesaid, the sanitary authority, in case the compensation exceeds the amount, may retain a portion of the compensation equal to the amount and apply it in discharging the amount and, in any other case, may retain the compensation and apply it in or towards discharging the amount.

• (6) In section 10 of the Local Government (No. 2) Act, 1960, “land” shall include everything which may be purchased by virtue of section 202 of the Public Health (Ireland) Act, 1878, as amended by this section.

7 Power to make and fix charges for water.

7.—The following section is hereby inserted in the Public Health (Ireland) Act, 1878, after section 65:

“65A. (1) A sanitary authority may make charges for water supplied by them, but an urban sanitary authority shall not make a charge for a supply of water for domestic purposes supplied within their district except where the supply constitutes the whole or part of—

• (a) a supply to any premises which are used wholly or in part for any business, trade or manufacture,

• (b) a supply to any hospital, sanatorium, county home, home for persons suffering from physical or mental disability, maternity home, convalescent home, preventorium, laboratory, clinic, health centre, dispensary or any similar institution, or

• (c) a supply to any club.

• (2) A charge under this section may be fixed from time to time by reference to any one or more of the following:

  • (a) the quantity of water supplied,

  • (b) the rateable valuation of the premises supplied,

  • (c) the purposes for which the water is required,

  • (d) the description of the premises supplied,

  • (e) any other matter which the sanitary authority consider suitable,

  and may be so fixed either without or subject to any maximum or minimum limit.

• (3) Any person aggrieved by the amount of any charge fixed by an urban sanitary authority under this section for a supply of water such as is referred to in paragraph (a), (b) or (c) of subsection (1) of this section may, within twelve months after the fixing thereof, appeal against the charge to the Minister, and the Minister may either refuse the appeal or vary the charge.

• (4)

  • (a) Where—

    • (i) any waterworks are acquired by a sanitary authority, and

    • (ii) there are premises which, immediately before the acquisition, were supplied with water from the waterworks,

    the Minister may determine limits for the charges which, during a specified period ending not later than twenty years after the acquisition, may be fixed for water supplied from the waterworks to those premises and, upon such determination having been made, the foregoing provisions of this section shall have effect subject to the determination.

  • (b) Limits shall not be determined under this subsection in relation to a waterworks acquired by agreement save at the request of the sanitary authority or of any person from whom the waterworks or any part thereof was acquired.

• (5) Where a charge under this section is by reference to the quantity of water supplied, the sanitary authority are hereby authorised to supply the water by measure and the supply shall be taken by meter.

• (6) A charge under this section shall be paid by and recoverable from the person to whom the water is supplied.

• (7) A charge under this section for water supplied otherwise than by measure shall be payable in advance by equal half-yearly instalments on the 1st day of April and the 1st day of October and, in default of being paid within two months after becoming payable, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

• (8) A charge under this section for water supplied by measure shall be payable on demand by the sanitary authority and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

• (9) A sanitary authority may discontinue a supply of water in respect of which a charge under this section remains unpaid after the expiration of two months after the charge has become payable and—

  • (a) the cost of the discontinuance shall be recoverable in any proceedings for the recovery of the charge,

  • (b) the cost of re-connection shall be payable by the person liable for the charge.

• (10) References in this Act, or in any Act incorporated with or amending this Act, to water rates or water rents shall be construed as references to charges under this section.

• (11) Any reference in this Act, or in any Act incorporated with or amending this Act, to a supply of water for domestic purposes shall be construed as a reference to a supply of water for ordinary household purposes (for example, drinking, washing and sanitation), whether the supply is or is not to a dwelling-house, but exclusive of—

  • (a) a supply for agriculture or horticulture,

  • (b) a supply for any trade, industry or business,

  • (c) a supply for any purpose incidental to a dwelling-house or private garden (including washing a private vehicle) if the water is drawn otherwise than from a tap inside a dwelling-house or if a hosepipe or similar apparatus is used,

  • (d) a supply for central heating other than central heating of a dwelling-house,

  • (e) a supply for apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating water.”

8 Requirement to connect with public sewerage or water supply system.

8.—(1) Where—

• (a) a sanitary authority have provided a public sewerage system, and

• (b) in the opinion of the authority, any premises in the district of the authority are—

• (i) not drained in a satisfactory manner, and

• (ii) capable of being served by the sewerage system by means of a connection not exceeding one hundred feet in length,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of specified works for the purpose of securing the service of the premises by the public sewerage system.

• (2) Where—

• (a) a sanitary authority have provided a public water supply system, and

• (b) in the opinion of the authority, any premises in the district of the authority are—

• (i) not provided with a satisfactory supply of water, and

• (ii) capable of being served by the public water supply system by means of a connection not exceeding one hundred feet in length,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of specified works for the purpose of securing the service of the premises by the public water supply system.

• (3) A notice under this section shall specify separately any portion of the works required thereby which is to be executed under subsection (11) of this section by the sanitary authority.

• (4) The person on whom a notice under this section has been served may, within one month from the date of the service of the notice on him, appeal therefrom to the District Court.

• (5) Notice of appeal under this section shall be given to the sanitary authority, and that authority shall be entitled to appear and be heard on the hearing of the appeal.

• (6) On the hearing of an appeal under this section, the District Court may, as it thinks proper, either—

• (a) confirm the notice unconditionally,

• (b) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or

• (c) annul the notice.

• (7) No appeal shall lie from a decision of the District Court on an appeal under this section.

• (8) A notice under this section (other than a notice which is annulled) shall take effect—

• (a) in case no appeal is taken or an appeal is taken and is withdrawn within one month from the service of the notice, on the expiration of one month from the service of the notice,

• (b) in case an appeal is taken and is not so withdrawn, when the appeal is withdrawn or determined.

• (9)
• (a) Subject to the provisions of this subsection, where a notice under this section (other than a notice which has been annulled) has been served on the person who was, when the notice was served on him, the owner of the premises to which the notice relates and within the period specified in the notice, or within such extended period as the sanitary authority may allow, the works required by the notice have not been begun or, if begun, have not been completed, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

• (b) If a person against whom proceedings are brought under this subsection has at some time before the end of the said period specified in the notice for compliance therewith (or of such extended period as the sanitary authority may allow for such compliance) ceased to be the owner of the premises, he shall, upon complaint duly made by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the premises brought before the Court in the proceedings.

• (c) If, after it has been proved that the works required by the notice have not been begun or completed as aforesaid, the original defendant proves that the failure was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he took all reasonable steps to secure compliance with the notice, he shall be acquitted of the offence.

• (d) If, after a person is convicted under this subsection he does not as soon as practicable do everything in his power to secure compliance with the notice, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding two pounds for each day following his first conviction on which any of the requirements of the notice remain unfulfilled.

• (e) In paragraphs (a) and (c) of this subsection, the reference to the works required by the notice shall, in a case in which the relevant notice specifies separately any portion of the works required thereby which is to be executed under subsection (11) of this section by the sanitary authority, be construed as referring to so much of the works required by that notice as is not so specified.

• (f) For the purposes of this subsection, a person who, apart from this paragraph, would be the owner of premises by reason of receiving rent shall, if he receives the rent as agent for another person, be regarded as not being such owner.

• (10) If, on a complaint made by the owner of any premises, it appears to the District Court that a person having an interest in the premises, other than the owner of the premises, prevents the owner from executing works required to be executed by a notice under this section, the Court may order the person to permit the execution of those works, and, if the person contravenes such order, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds and, if the contravention is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding two pounds for each day on which the contravention is continued.

• (11)
• (a) Where a notice under this section requires the execution of works which include the laying of a pipe passing through land of which the owner is not the owner of the premises to which the notice relates, the sanitary authority who served the notice shall themselves lay so much of the pipe as lies within that land.

• (b) For the purpose of laying under this subsection a pipe, a sanitary authority shall have the powers mentioned in section 18 of the Public Health (Ireland) Act, 1878, as if the pipe were a sewer and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under that section.

9 Provision of certain pipes.

9.—(1) A sanitary authority may, if they so think proper, provide, or contribute to the cost of providing—

• (a) service pipes or portions of service pipes for the supply of water from a watermain to any premises,

• (b) drainage pipes or portions of drainage pipes for the drainage of any premises, whether to a sewer or elsewhere.

• (2) For the purpose of providing any pipe under this section, a sanitary authority shall have the powers mentioned in section 18 of the Public Health (Ireland) Act, 1878, as if the pipe were a sewer, but—

• (a) as respects the powers mentioned in that section as exercisable after the giving of notice, they shall not be exercised save where—

• (i) there are premises in respect of which the sanitary authority could serve a notice under subsection (1) or subsection (2) of section 8 of this Act but for the fact that service of the premises by the sewerage or water supply system would require a connection exceeding one hundred feet in length, and

• (ii) the proposed pipe is for extending such system to any point which is one hundred feet or less, but not nearer than fifty feet, from the premises, and

• (b) on exercising any such power, the sanitary authority shall be liable to pay such (if any) compensation as if the power had been exercised under that section.

10 Control of pollution of the atmosphere.

10.—(1) The Minister, for the purpose of securing the cleanliness of the atmosphere or the prevention of danger to health or injury to amenity from atmospheric pollutants, may make regulations for controlling pollution of the atmosphere.

• (2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, provide for all or any of the following matters:

• (a) controlling sources of pollution of the atmosphere, including the emission of smoke, dust, grit or gas;

• (b) regulating the establishment and operation of—

• (i) trades,

• (ii) chemical and other works, and

• (iii) processes (including the disposal of waste), which are potential sources of atmospheric pollution from smoke, dust, grit or noxious or offensive gases;

• (c) specifying maximum concentrations of specified pollutants in the atmosphere;

• (d) measurement of emissions of pollutants into the atmosphere;

• (e) investigation of, and obtaining information on, emissions of pollutants into the atmosphere;

• (f) testing, measuring and investigation of atmospheric pollution;

• (g) regulating potential sources of pollution of the atmosphere from radioactive materials;

• (h) specifying particular controls of atmospheric pollution for particular areas;

• (i) licensing of persons engaged in specified works or processes, being works or processes discharging pollutants into the atmosphere, and prohibiting the engagement in such works or processes of persons other than licensed persons;

• (j) licensing of premises from which pollutants are discharged into the atmosphere, and prohibiting discharge of pollutants into the atmosphere from premises other than licensed premises;

• (k) the cancellation or suspension of licences;

• (l) the imposition of charges for the purposes of the regulations or for services performed thereunder.

• (3) Regulations under this section for matters affecting industrial activities shall not be made by the Minister save after consultation with the Minister for Industry and Commerce and regulations for the matters referred to in paragraph (g) of subsection (2) of this section shall not be so made save after consultation with the Minister for Health.

• (4) Regulations under this section may provide for functions to be performed for the purposes of the regulations by Justices of the District Court, being functions relating to any of the following matters:

• (a) the annulment or confirmation of cancellations or suspensions by sanitary authorities of licences,

• (b) the direction of sanitary authorities to license persons or premises in specified circumstances.

• (5)
• (a) Each of the following persons shall be an authorised officer for the purposes of this section:

• (i) an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of this section,

• (ii) an officer of a sanitary authority appointed in writing by the manager therefor to be an authorised officer for the purposes of this section.

• (b) Subject to the next paragraph, an authorised officer (either alone or accompanied by such assistants as he thinks proper) may at all reasonable times enter and inspect any premises for the purpose of ascertaining—

• (i) whether there is or has been on or in connection with the premises any contravention of any provision of the regulations made under this section,

• (ii) the extent and nature of any such contravention, or

• (iii) whether circumstances exist on or in connection with the premises which would require any action to be taken under such regulations.

• (c) An authorised officer shall not enter any premises under this section unless he produces for inspection by the person in occupation or in charge of the premises, if such person requests him so to do, his appointment in writing as an authorised officer.

• (d) A person who wilfully obstructs or interferes with the exercise by an authorised officer of a power conferred by this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

• (e) In this subsection—

“the manager” means—

• (i) in case the sanitary authority is the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the borough,

• (ii) in any other case, the manager for the purposes of the County Management Acts, 1940 to 1955;

“premises” includes ship or vessel.

• (6) A person who contravenes or wilfully obstructs the execution of a regulation under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds and, if the contravention or obstruction is continued after conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding five pounds for each day on which the contravention or obstruction is so continued.

• (7) An offence under this section may be prosecuted by the Minister or by the sanitary authority in whose sanitary district the offence was committed.

• (8) In any prosecution for an offence under this section, it shall not be necessary to negative by evidence any licence under regulations under this section, and the onus of proving any such licence shall lie on the person seeking to avail himself thereof.

• (9) For the purposes of this section and the regulations made thereunder, a ship or vessel lying in any river, harbour, or other water not within the district of a sanitary authority shall be deemed to be within the district of the sanitary authority whose district nearest adjoins the place where the ship or vessel is lying.

11 Laying of regulations before Houses of the Oireachtas.

11.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

12 Expenses of Minister.

12.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

13 Repeals.

13.—The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

14 Commencement.

14.—This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

15 Short title, construction and collective citation.

15.—(1) This Act may be cited as the Local Government (Sanitary Services) Act, 1962.

• (2) This Act shall be construed as one with the Local Government (Sanitary Services) Acts, 1878 to 1952,

• (3) The Local Government (Sanitary Services) Acts, 1878 to 1952, and this Act may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 1962.

SCHEDULE. Enactments Repealed.