Local Government (Water Pollution) Act , 1977

1. Interpretation.

“agriculture” includes the breeding, keeping and sale of livestock (including pigs, poultry and any creature kept for the production of food, wool, skins or fur) and the making and storage of silage;

F1[“aquifer”means any stratum or combination of strata that stores or transmits groundwater;]

“board of conservators” means a board of conservators under the Fisheries Acts, 1959 to 1976, and includes the Foyle Fisheries Commission;

F1[“combined drain”means a drainage pipe, or a system of such pipes, that is not vested in or controlled by a sanitary authority and is used to convey trade effluent or other matter (other than storm water) from two or more premises to any waters or to a sewer;]

“fish” has the same meaning as in the Fisheries Acts, 1959 to 1976;

F1[F2[…]]

“licence”, in relation to licences under section 4 or 16, includes, where the context permits, such a licence revised under section 7 or 17;

“local authority” (except in section 25 (5) (b)), means—

(a)F3[…]

(b)F3[…]

(c)in the case of a county borough, the corporation of the county borough, and

(d)in the case of any F3[…] administrative county, the council of the county,

and, where the context permits, includes a water quality control authority established under section 25, and references to the functional area of a local authority shall be construed accordingly;

“marine structure” means a platform or other man-made structure at sea;

“the Minister” means the Minister for Local Government;

“monitoring” includes inspection, measurement, sampling or analysis, whether periodically or continuously;

“polluting matter” includes any poisonous or noxious matter, and any substance (including any explosive, liquid or gas) the entry or discharge of which into any waters is liable to render those or any other waters poisonous or injurious to fish, spawning grounds or the food of any fish, or to injure fish in their value as human food, or to impair the usefulness of the bed and soil of any waters as spawning grounds or their capacity to produce the food of fish or to render such waters harmful or detrimental to public health or to domestic, commercial, industrial, agricultural or recreational uses:

“premises” includes land, whether or not there are structures on the land;

F1[F2[…]]

“reserved function” means, in the case of the council of a county F3[…], a reserved function for the purposes of the County Management Acts, 1940 to 1972, or, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

“sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts, 1878 to 1964;

“sewage” includes domestic sewage and a combination of domestic sewage and storm water;

“sewage effluent” means effluent from any works, apparatus, plant or drainage pipe used for the disposal to waters of sewage, whether treated or untreated;

F1[“sewer”means a sewer within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1964, that is vested in or controlled by a sanitary authority and includes a sewage treatment works, and a sewage disposal works, that is vested in or controlled by a sanitary authority;]

“tidal waters” includes the sea and any estuary up to high water mark medium tide and any enclosed dock adjoining tidal waters;

“trade” includes agriculture, aquaculture, horticulture and any scientific research or experiment;

“trade effluent” means effluent from any works, apparatus, plant or drainage pipe used for the disposal to waters or to a sewer of any liquid (whether treated or untreated), either with or without particles of matter in suspension therein, which is discharged from premises used for carrying on any trade or industry (including mining), but does not include domestic sewage or storm water;

“vessel” means a waterborne craft of any type, whether self-propelled or not, and includes an air-cushion craft;

“waters” includes—

(a)any (or any part of any) river, stream, lake, canal, reservoir, aquifer, pond, watercourse or other inland waters, whether natural or artificial,

(b)any tidal waters, and

(c)where the context permits, any beach, river bank and salt marsh or other area which is contiguous to anything mentioned in paragraph (a) or (b), and the channel or bed of anything mentioned in paragraph (a) which is for the time being dry,

but does not include a sewer.

(2)In this Act a reference to a section is to a section of this Act unless it is indicated that reference to some other enactment is intended.

(3)In this Act a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

2. Water Pollution Advisory Council.

3. General prohibition on entry of polluting matter to waters.

F5[(2)A person who contravenes subsection (1) commits an offence and is liable—

(a)on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or

(b)on conviction on indictment, to a fine not exceeding €15,000,000 or imprisonment for a term not exceeding 5 years, or both.]

F6[(3)It shall be a defence to a charge of committing an offence under this section for the accused to prove that he took all reasonable care to prevent the entry to waters to which the charge relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that were suitable for the purpose of such prevention, and, where appropriate, that the entry to waters to which the charge relates arose from an activity carried on in accordance with a nutrient management plan approved under section 21A (inserted by the Waste Management Act, 1996) of the Local Government (Water Pollution) (Amendment) Act, 1990.]

(4)F7[…]

(5)Subsection (1) does not apply to—

F8[(a)(i)a discharge of a trade effluent or a sewage effluent which is made under and in accordance with a licence under section 4;

(ii)a discharge of a sewage effluent from a sewer: Provided that, where a standard applying to the effluent stands prescribed under section 26, the discharge complies with that standard;

(iii)a discharge of a trade effluent or sewage effluent to which regulations under section 4 (10) apply: Provided that, where a standard applying to the effluent stands prescribed under section 26, the discharge complies with that standard;

(aa)any entry authorised by or under an enactment specified in the Table to subsection (6);]

(b)entry to tidal waters of any matter from vessels, from apparatus for transferring any matter to or from vessels, or from marine structures;

(c)any deposit authorised under section 3 or 13 of the Foreshore Act, 1933, or section 48 of the Harbours Act, 1946;

(d)any substance or thing authorised under section 88 of the Harbours Act, 1946, to be put into waters;

(e)any works authorised by an order under section 134 of the Harbours Act, 1946;

(f)any entry authorised under the Fisheries Acts, 1959 to 1976.

(6)F7[…]

TABLE

Section 16 of the Shannon Electricity Act, 1925.

Section 16 of the Liffey Reservoir Act, 1936.

Section 10 of the Arterial Drainage Act, 1945.

Section 11 of the Electricity (Supply) (Amendment) Act, 1945.

Section 27 of the Turf Development Act, 1946.

Section 6 of the Local Authorities (Works) Act, 1949.

4. Licensing of trade and sewage effluents.

(b)A licence under this section may be granted—

(i)in the case of a discharge to waters in the functional area of a local authority, by that local authority, and

(ii)in any other case, by a local authority in whose functional area any premises, works, apparatus, plant or drainage pipe from which the effluent is discharged is situated.

F9[(c)In this subsection a discharge to waters includes a discharge from a septic tank or other waste water treatment system to a percolation area or to soil.]

(2)Subsection (1) does not apply to discharges—

(a)to tidal waters from vessels or marine structures,

(b)from a sewer, or

(c)the subject of regulations under subsection (10).

(3) (a)A local authority may at its discretion refuse to grant a licence under this section or may grant such a licence subject to such conditions as it thinks appropriate and specifies in the licence.

(b)In considering whether or not to grant a licence under this section a local authority shall have regard to the objectives contained in any relevant plan under section 15.

(4)A local authority shall not grant a licence under this section in respect of the discharge of an effluent which would not comply with, or would result in the waters to which the discharge is made not complying with, any relevant standard prescribed under section 26.

(5)Without prejudice to the generality of subsection (3), conditions attached to a licence under this section may—

(a)relate to—

(i)the nature, composition, temperature, volume, rate, method of treatment and location of a discharge, the periods during which a discharge may be made or may not be made, the effect of a discharge on receiving waters and the design and construction of outlets for a discharge;

(ii)the provision and maintenance of meters, gauges, other apparatus, manholes and inspection chambers;

(iii)the taking and analysis of samples, the keeping of records and furnishing of information to the local authority;

(iv)the prevention of a discharge in the event of breakdown in plant;

(b)require defrayment of or contribution towards the cost incurred by the local authority in monitoring a discharge,

(c)specify a date not later than which any conditions shall be complied with, and

(d)require the payment to the local authority which granted the licence of a charge or charges prescribed under, or calculated in accordance with the method prescribed under, section 6 (2) (e).

(6)Any conditions attached to a licence under this section shall be binding on any person discharging, or causing or permitting the discharge of, effluent to which the licence relates.

(7)Where after three years from the date on which a licence under this section is granted no discharge of the type authorised by the licence has been made, or where such a discharge has ceased for a period of three years, the licence shall cease to have effect.

F10[(8)A person who contravenes subsection (1) commits an offence and is liable—

(a)on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or

(b)on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.]

(9)F11[…]

(10)The Minister may, after consultation with the Minister for Fisheries and the Water Pollution Advisory Council, by regulations exempt from subsection (1) such effluent or classes of effluent as he specifies in the regulations, including effluent or classes of effluent discharged to specified or specified classes of waters or to waters in specified areas or to waters specified by reference to their use.

(11)It shall be a good defence to a prosecution for an offence under any enactment other than this Act that the act constituting the alleged offence is authorised by a licence under this section.

(12)A person shall not be entitled solely by reason of a licence under this section to discharge, or cause or permit the discharge of, trade effluent or sewage effluent to waters.

5. Provisions consequential on section 4.

(2)In a prosecution for an offence under section 4 it shall be presumed, until the contrary is shown by the person charged, that the discharge concerned is not an existing discharge of trade effluent or sewage effluent made in the circumstances specified in subsection (1).

(3)Where regulations under section 26 relate to an existing discharge of trade effluent or sewage effluent being made in the circumstances specified in subsection (1) or to waters to which such discharge is being so made, the local authority concerned shall grant or refuse (as the case may require) a licence under section 4 in respect of the discharge as soon as may be after the regulations are made.

(4)In this section—

“ existing discharge ” means a discharge which is similar in nature, composition and temperature to, and is of a similar volume and is made at a similar rate to, a discharge made during any corresponding period in the period of twelve months ending on the relevant date;

“ relevant date ” means the date fixed by order under section 4 (1).

6. Regulations for the purpose of section 4 and 8.

(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following:

(a)the form of licence;

(b)requiring the furnishing by applicants of specified information or the publication of notices;

(c)requiring the production of evidence to verify any information given by an applicant;

(d)requiring local authorities to furnish to the Minister and to any other specified persons any specified information in relation to any applications and the manner in which they have been dealt with, or to publish any specified notices in relation to applications for, and the granting or refusing of, licences;

(e)prescribing charges for, or the method of calculation of charges for, the discharge of effluents or classes of effluents;

F13[(f)requiring an applicant to defray or contribute towards the cost of investigation carried out by a local authority in relation to an application;

(g)the oral hearing of any appeal to An Bord Pleanála and any such oral hearing conducted by it or by a person appointed for that purpose by it;

(h)procedural matters in relation to appeals;

(i)related ancillary and incidental matters.]

F14[(2A)Regulations under this section may make provision for—

(a)the payment to a local authority of a fee of such amount as may be specified in respect of an application to it for a licence under section 4, and

(b)F15[…]

(2B)Where, pursuant to regulations under this section, a fee is payable to a local authority in respect of an application for a licence under section 4, the local authority shall not entertain the application unless the fee is received by the local authority.

(2C)Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of an appeal under section 8, the appeal shall not be entertained unless the fee is received by An Bord Pleanála before the expiration of the prescribed period referred to in subsection (1) of that section.

(2D)Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of an appeal under section 8 and the person by whom the fee is payable is neither the applicant for the licence to which the appeal relates nor the person or one of the persons who brought the appeal, An Bord Pleanála shall not entertain submissions or observations in relation to the appeal made by or on behalf of the person by whom the fee is payable unless the fee is received by An Bord Pleanála.

(2E)Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of a request for the oral hearing of an appeal, An Bord Pleanála shall not consider the request unless the fee is received by An Bord Pleanála.]

F16[(3)(a)A person who, in relation to an application for a licence under section 4 or an appeal under section 8, when—

(i)furnishing information under this section, or

(ii)verifying any such information,

makes a statement in writing which is false or to such person’s knowledge misleading in a material respect commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.]

(b)Where a person is convicted of an offence under this subsection, any licence issued to that person consequent on the application or appeal in relation to which the information was furnished shall stand revoked from the date of the conviction.

(4)A charge the payment of which is required under section 4 (5) (d) or a defrayment or contribution under subsection (2) (f) or section 4 (5) (b) shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in a court of competent jurisdiction.

(5)F17[…]

7. Review of licence under section 4.

F18[(2)Notwithstanding any other provision of this Act or any condition in a licence under section 4, any such licence may be reviewed at any time by the local authority that granted it if—

(a)the local authority has reasonable grounds for believing that the discharge authorised by the licence is or is likely to be injurious to public health or renders or is likely to render the waters concerned unfit for use for domestic, commercial, industrial, fishery (including fish-farming), agricultural or recreational uses,

(b)there has been a material change in the nature or volume of the discharge,

(c)there has been a material change in relation to the waters to which the discharge is made,