S.I. No. 115/1985 - Local Government (Water Pollution) (Fees) Regulations, 1985

S.I. No. 115 of 1985.

LOCAL GOVERNMENT (WATER POLLUTION) (FEES) REGULATIONS, 1985.

The Minister for the Environment in exercise of the powers conferred on him by sections 6 , 9 , 19 and 30 of the local Government (Water Pollution) Act, 1977 (No. 1 of 1977) and section 10 of the Local Government (Planning and Development) Act, 1982 (No. 21 of 1982) as applied by the Local Government (Water Pollution) Act, 1977 (Transfer of Appeals) Order, 1978 ( S.I. No. 96 of 1978 ) as amended by the Local Government (Water Pollution) Act, 1977 (Transfer of Appeals) Order, 1978 (Amendment) Order, 1983 ( S.I. No. 37 of 1983 ), and with the consent of the Minister for Finance, hereby makes the following Regulations:

PART I.PRELIMINARY AND GENERAL.

1 Citation.

1.

1. (1) These Regulations may be cited as the Local Government (Water Pollution) (Fees) Regulations, 1985.

• (2) These Regulations and the Local Government (Water Pollution) Regulations 1978 and 1983 shall be construed together and may be collectively cited as The Local Government (Water Pollution) Regulations, 1978 to 1985.

2 Commencement.

2.

2. These Regulations shall come into operation on the 1st day of June, 1985.

3 Interpretation.

3.

3. (1) In these Regulations any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations.

• (2) In these Regulations any reference to a sub-article which is not otherwise identified is a reference to the sub-article of the provision in which the reference occurs.

• (3) In these Regulations:

"the Act" means the Local Government (Water Pollution) Act, 1977 ;

"appeal" means an appeal to the Board under section 8 or 20 of the Act;

"the Board" means An Bord Pleanála;

"licence" means a licence under section 4 or 16 of the Act and includes such a licence revised under section 7 or 17 of the Act;

"local authority" has the meaning assigned to it by section 1 of the Act;

"oral hearing" means an oral hearing of an appeal;

"register" means a register under section 9 of the Act;

"sanitary authority" has the meaning assigned to it by section 1 of the Act;

"State authority" has the meaning assigned to it by section 84(2) of the Local Government (Planning Development) Act, 1963 (No. 28 of 1963).

4 Revocation.

4.

4. The Local Government (Water Pollution) Regulations, 1983 ( S.I. No. 36 of 1983 ) and article 38 of the Local Government (Water Pollution) Regulations, 1978 ( S.I. No. 108 of 1978 ) are hereby revoked.

PART II.REGISTER FEE PAYABLE TO A LOCAL AUTHORITY OR SANITARY AUTHORITY.

5 Register Fee.

5.

5. The prescribed fee for a copy of an entry in the register shall be the amount indicated in column 2 of the First Schedule opposite the mention of such a copy in column 1 of the said Schedule.

PART III.FEES PAYABLE TO THE BOARD.

6 Fee for appeals.

6.

6. (1) Subject to article 7, a person making an appeal to the Board shall pay to the Board a fee.

• (2) The amount of the fee payable under this article shall be the amount indicated in column 2 of the Second Schedule opposite the mention of an appeal in column 1 of the said Schedule.

7 Reduced fee payable in certain circumstances.

7.

7. Where an appeal is made to the Board by—

• (a) a State authority

• (b) a local authority

• (c) a sanitary authority

• (d) the Central Fisheries Board

• (e) a regional fisheries Board

• (f) Bord Fáilte Eireann

• (g) An Taisce — the National Trust for Ireland

the fee to be paid to the Board in respect of the appeal shall be the amount indicated in column 2 of the Second Schedule opposite the mention of a reduced fee in column 1 of the said Schedule.

8 Fee for submissions or observations to the Board.

8.

8. (1) Subject to sub-article (3), a fee shall be paid to the Board by a person making submissions or observations to the Board as regards an appeal.

• (2) The amount of the fee payable under this article shall be the amount indicated in column 2 of the Second Schedule opposite the mention of submissions or observations in column 1 of the said Schedule.

• (3) Sub-article (1) shall not apply where the person by or on whose behalf submissions or observations are made is—

• (a) the appellant,

• (b) the applicant for the licence in relation to which the appeal is made,

• (c) a body referred to in article 7.

• (4) Where a fee has been paid under this article by or on behalf of a person or body of persons making submissions or observations as regards a particular appeal, a fee shall not be payable in respect of any further submissions or observations as regards that appeal.

9 Fee in relation to requests for oral hearings.

9.

9. (1) A person making a request to the Board for an oral hearing of an appeal shall, in addition to the fee prescribed by article 6, pay to the Board a fee in respect of the request.

• (2) The amount of the fee payable under this article shall be the amount indicated in column 2 of the Second Schedule opposite the mention of a request for an oral hearing in column 1 of the said Schedule.

FIRST SCHEDULE.

REGISTER FEE PAYABLE TO A LOCAL AUTHORITY OR SANITARY AUTHORITY.

SECOND SCHEDULE.

FEES PAYABLE TO THE BOARD.

GIVEN under the Official Seal of the Minister for the Environment this

25th day of April, 1985.

LIAM KAVANAGH,

Minister for the Environment.

The Minister for Finance hereby consents to these Regulations.

GIVEN under the Official Seal of the Minister for Finance this

25th day of April, 1985.

ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for a new scale of fees payable to An Bord Pleanála in respect of appeals, submissions or observations and requests for oral hearings in relation to licences under the Local Government (Water Pollution) Act, 1977 .

The Regulations also prescribe the fee payable to local or sanitary authorities for a copy of an entry in the register of licences, or the register of abstractions from waters.

The Regulations revoke the Local Government (Water Pollution) Regulations, 1983, which dealt with these matters.