LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977

• (3) Where regulations under this section relate to sewage effluent from a sewer or to waters to which sewage effluent from a sewer discharges, it shall be the duty of the sanitary authority in which the sewer is vested or by which it is controlled to take steps as soon as practicable to ensure that the sewage effluent complies with, or does not result in the waters to which the effluent is discharged not complying with, any relevant standard prescribed under this section.

• F63[(4)
• (a) Regulations under this section may require persons to take such steps as may be specified in the regulations to secure compliance with quality standards standing prescribed under subsection (1) and may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purpose of the regulations (including provisions modifying any provision of the Local Government (Water Pollution) Acts, 1977 and 1990).

• (b) Where it is proposed to make regulations under this section modifying a provision of this Act, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft shall have been passed by each such House.]

26A. F64[Regulations for the prevention or limitation of water pollution.

26A.—(1) For the purpose of preventing or limiting water pollution, the Minister may, by regulations, prohibit or limit or control in a specified manner and to a specified extent, the production, treatment, use (in a process or otherwise), importation, distribution, storage, transport, supply or sale of any specified substance or of any article containing any specified substance.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may—

• (a) make different provisions for different substances or articles,

• (b) require local authorities or other specified persons to take specified steps for the purposes of securing compliance with the regulations,

• (c) contain such incidental, consequential and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of such regulations.

• F65[(3)
• (a) A person who contravenes a regulation under this section commits an offence.

• (b) A person who commits an offence under this section is liable—

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

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

• (4) A prosecution for an offence under this section may be taken by the Minister, a local authority, or such other person as may be specified in regulations under this section.]

27. Regulations restricting use of certain vessels.

27. — (1) The Minister may, after consultation with the Minister for Transport and Power, the Commissioners of Public Works in Ireland and the Water Pollution Advisory Council, make regulations to enable local authorities to prohibit, restrict or regulate the keeping or use, in such waters (other than tidal waters) as may be specified in the regulations, of vessels with sanitary appliances from which polluting matter passes or can pass into the waters.

• (2) F66[…]

• F67[(3) A person who contravenes a regulation under this section 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.]

• (4) F68[…]

28. Powers of entry, inspection etc.

28. — (1) Subject to this section, an authorised person may at any reasonable time enter premises or vessels for the purposes of—

• (a) performance of a function conferred under this Act on a local authority, a sanitary authority, the Minister, the Minister for Fisheries or a board of conservators,

• (b) ascertaining whether such a function should be performed,

• (c) ascertaining whether there is or has been a contravention of any provision of this Act or of any regulations under this Act, or

• (d) carrying out such inspection and taking such samples of waters, effluents or other matter as may be necessary for the performance of such a function under this Act.

• (2) Notwithstanding anything in subsection (1), the power of entry to premises or vessels conferred by that subsection may be exercised at any time in relation to a function conferred by section 13.

• (3) In any legal proceedings under this Act it shall be presumed until the contrary is shown that any sample of effluent taken by an authorised person at an inspection chamber or manhole or other place provided under and in accordance with a licence under this Act is a sample of what was passing from the premises, works, apparatus, plant or drainage pipe concerned to waters or a sewer at the time the sample was taken.

• F69[(3A)
• (a) Where an authorised person who is on premises or a vessel in pursuance of the powers conferred by this section reasonably believes that an offence under section 3 (1), 4 (1) or 16 (1) of this Act or section 21 (3) of the Local Government (Water Pollution) (Amendment) Act, 1990, is being or has been committed in relation to the premises or vessel, he may request from any person he finds on the premises or vessel his name and address and a description of his occupation and his functions and responsibilities as respects the premises or vessel, as the case may be, and any enterprise carried on at the premises or on the vessel and (in so far as they are known to him) the name and address of the occupier of the premises, the owner of the vessel and the person in charge of the premises or vessel.

• F70[(b) A person who—

• (i) fails or refuses to comply with a request under this subsection, or

• (ii) in pursuance of such a request, furnishes, to such person’s knowledge, information that is false or misleading to an authorised person,

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.]]

• F71[(4) A person who obstructs an authorised person in the performance of duties under this section 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.]

• (5) The Minister may make regulations for the purpose of this section and, without prejudice to the generality of the foregoing, such regulations may—

• (a) provide for the taking of samples and the carrying out of tests, examinations and analyses of samples taken under this section,

• (b) prescribe the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses,

• (c) prescribe the certificate or other evidence to be given of the result of any such test, examination or analysis and the classes of persons by and to whom such certificate or evidence is to be given,

• (d) provide that any certificate or other evidence prescribed under paragraph (c) and given in respect of the test, examination or analysis of a sample shall in relation to that sample be sufficient evidence of the result of the test, examination or analysis until the contrary is shown.

• (6)
• (a) A person authorised under this section to enter premises or vessels shall, if so required, produce evidence of his authority before so entering and may take with him such other persons and such equipment as may be necessary.

• (b) Entry to any premises or vessel used exclusively for residential purposes, and entry with heavy equipment to any other land, shall not, except for the purpose of exercising a function conferred by section 13, be made under this section unless seven days' notice in writing of the intended entry has been given to the occupier.

• (c) Any person who in the exercise of his powers under this section enters any premises or vessel which is unoccupied or from which the occupier is temporarily absent shall leave the premises or vessel as effectually secured against trespassers as he found it.

• (7)
• (a) Where it is shown to the satisfaction of a justice of the District Court on sworn information in writing—

• (i) that admission to any premises or vessel which any person is entitled to enter under this section has been refused to that person or that refusal is apprehended, and

• (ii) that there is reasonable ground for the entry for the purpose for which entry is required;

the justice may by warrant under his hand authorise that person to enter the premises or vessel.

• (b) A warrant granted under this subsection shall continue in force until the purpose for which entry is required has been satisfied.

• (8) F72[…]

• (9) In this section—

“ authorised person ” means a person who is appointed by a local authority, a sanitary authority, the Minister, the Minister for Fisheries or a board of conservators to be an authorised person for the purposes of this Act.

29. Research, etc. into water pollution.

29. — A local authority may contribute to the funds of a person engaged in or proposing to engage in research, surveys or investigations in relation to water pollution, but any such contribution shall not exceed any limit or contravene any condition which may from time to time be prescribed.

30. Regulations generally.

30. — (1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations.

• (2) 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 21 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.

31. Local authority's power to prosecute.

31. — F73[…]

32. Service of notices under Act.

32. — (1) Any notice required to be given or served by or under this Act shall be addressed to the person concerned and given or served in one of the following ways—

• (a) by addressing it to him by name and delivering it to him,

• (b) by leaving it at the address at which he ordinarily resides,

• (c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides,

• (d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice is required to be given in respect of any premises or vessel, by delivering it to a person over 16 years of age resident or employed on the premises or vessel or by affixing it in a conspicuous position on or near the premises or vessel.

• (2) Where the name of the occupier cannot be ascertained by reasonable inquiry a notice under this section may be addressed to “ the occupier ”.

• (3) For the purpose of this section a company registered under the Companies Act, 1963, 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.

33. Commencement.

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

34. Repeals.

34. — The following are hereby repealed—

• (a) the Rivers Pollution Prevention Act, 1876.

• (b) the Rivers Pollution Prevention Act, 1893.

• (c) F74[…].

35. Expenses.

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

• (2) The expenses under this Act of the council of the county of Dublin shall be charged on that county exclusive of the borough of Dun Laoghaire.

36. Short title.

36. — This Act may be cited as the Local Government (Water Pollution) Act, 1977.