Water Services Act 2007

AN ACT TO PROVIDE, IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROVISION OF WATER SERVICES; TO GIVE EFFECT TO CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES IN RESPECT OF THOSE SERVICES AND, IN ADDITION, TO MAKE PROVISION FOR MISCELLANEOUS AMENDMENTS TO THE LOCAL GOVERNMENT (WATER POLLUTION) ACTS 1977 AND 1990 AND THE FISHERIES (CONSOLIDATION) ACT 1959 AND THE ENVIRONMENTAL PROTECTION AGENCY ACT 1992 AND CERTAIN OTHER ENACTMENTS RELATING GENERALLY TO THE PROVISION OF WATER SERVICES AND TO PROVIDE FOR RELATED MATTERS.

[14th May, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1 Preliminary and General

1. Short title, collective citations and construction.

1.— (1) This Act may be cited as the Water Services Act 2007.

• (2) The Environmental Protection Agency Acts 1992 and 2003, section 107 and this subsection may be cited together as the Environmental Protection Agency Acts 1992 to 2007, and shall be read together as one.

• (3) The Housing Finance Agency Acts 1981 to 1992, section 108 and this subsection may be cited together as the Housing Finance Agency Acts 1981 to 2007, and shall be read together as one.

• (4) The Local Government (Water Pollution) Acts 1977 and 1990, sections 109 and 110 and this subsection may be cited together as the Local Government (Water Pollution) Acts 1977 to 2007, and shall be read together as one.

• (5) The Fisheries Acts 1959 to 2006, section 111 and this subsection may be cited together as the Fisheries Acts 1959 to 2007, and shall be read together as one.

• (6) The Planning and Development Acts 2000 to 2006, section 114 and this subsection may be cited together as the Planning and Development Acts 2000 to 2007, and shall be read together as one.

• (7) The Local Government Acts 1925 to 2006, sections 13 and 115 and this subsection may be cited together as the Local Government Acts 1925 to 2007, and shall be read together as one.

2. Interpretation.

2.— (1) In this Act, except where the context otherwise requires—

“abstraction”, in relation to water contained in any source of water, means the doing of anything whereby any of that water is removed from that source of water, whether temporarily or permanently, including anything whereby the water is so removed for the purpose of being transferred to another source of water;

“Act of 1962” means Local Government (Sanitary Services) Act 1962;

“Act of 1977” means Local Government (Water Pollution) Act 1977;

“Act of 1990” means Local Government (Water Pollution) (Amendment) Act 1990;

“Act of 1992” means Environmental Protection Agency Act 1992;

“Act of 1996” means Waste Management Act 1996;

“Act of 2000” means Planning and Development Act 2000;

“Act of 2001” means Local Government Act 2001;

F1["Act of 2024" means the Planning and Development Act 2024;]

“accessories”, in relation to a waterworks, waste water works, water main, sewer or other pipe, includes any manholes, ventilating shafts, inspection chambers, overflow weirs or chambers, valves, tanks, sluices, culverts, wash-out pipes or stopcocks for them, or any machinery or other apparatus which is designed or adapted for use in connection with the use or maintenance of the waterworks, waste water works, main, sewer or other pipe or of another accessory;

“Agency” means the Environmental Protection Agency;

“agriculture” includes horticulture, apiculture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including pigs, poultry and any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the training of horses and the rearing of bloodstock, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the making and storage of silage;

F2[“allowance amount” means the allowance specified by order under subsection (1)(b) or (4)(b) of section 53B (inserted by section 9 of the Water Services Act 2017);]

“aquaculture” has the same meaning as it has in the Fisheries (Amendment) Act 1997;

“authorised person” means a person who is—

• (a) appointed in writing by the Minister, F3[Irish Water,] a water services authority or such other person as may be prescribed to be an authorised person for the purposes of this Act or any part or section of it, or

• (b) appointed in writing to be an authorised person by regulations under this Act by a person specified in those regulations;

“authorised provider of water services”, or any similar construction, means a holder of a licence under Part 6, Chapter 2 or a person to whom section 79(4) applies;

F2[“average rate” has the meaning assigned to it by section 53A (inserted by section 8 of the Water Services Act 2017);]

“Board” means An Bord Pleanála;

“charge”, except where the context otherwise requires, includes fee;

F2[“Commission” means—

• (a) before 2 October 2017, the Commission for Energy Regulation, and

• (b) by virtue of the Change of Name of Commission for Energy Regulation to Commission for Regulation of Utilities (Appointed Day) Order 2017 (S.I. No. 397 of 2017), on and from 2 October 2017, the Commission for Regulation of Utilities;]

F2[“customer” has the meaning assigned to it by the Water Services (No. 2) Act 2013;]

“development” has the meaning assigned to it by section 3 of the Act of 2000;

“development plan” means a development plan F4[within the meaning of the Act of 2024];

“distribution system” means a pipe and its related fittings, that is used, or to be used as the case may be, to convey water into or through one or more premises (including any related internal or external taps), other than—

• (a) a service connection,

• (b) where it is owned by, vested in or controlled by—

• (i) a water services authority,

• (ii) an authorised provider of water services, or

• (iii) a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services,

and in the case of water used in manufacturing, including food or drinks production, includes the point where water is used in the undertaking;

“domestic waste water” means waste water of a composition and concentration (biological and chemical) normally discharged by a household, and which originates predominantly from the human metabolism or from day to day domestic type human activities, including washing and sanitation, but does not include fats, oils, grease or food particles discharged from a premises in the course of, or in preparation for, providing a related service or carrying on a related trade;

“drain” means a drainage pipe, or system of such pipes and related fittings for collection of waste water, that is not owned by, vested in or controlled by a water services authority, an authorised provider of water services, or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, and that is not a service connection, which is used, or to be used as the case may be, to convey waste water from one or more premises or to any waste water treatment system on a premises where the waste water is generated;

F2[“dwelling” means a premises occupied by a person as his or her place of private residence (whether or not as his or her principal private residence);]

“enactment” means an Act, Statute or Statutory Instrument or any portion of an Act, Statute or Statutory Instrument;

“EU Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for community action in the field of water policy ¹;

“groundwater” means all water below the land surface that is not in a pipe or similarly contained;

“internal distribution system” means that part of a distribution system, within the curtilage of a premises, which is used for the provision of water for human consumption or food or drinks production;

“land” includes any structure and any land covered with water (whether inland or coastal), any substratum of land and, in relation to the acquisition of land, any pipe running through, under or over land, or any interest or right in or over land (including an interest or right granted by or held from the person acquiring the land);

“Minister” means Minister for the Environment, Heritage and Local Government;

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

“network” means the works forming the system for the distribution of water supply or for the collection of waste water;

“occupier” includes any person entitled to occupy a premises and any other person having, for the time being, control of the premises;

“owner” means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in his or her own right or as a trustee or agent for any other person, is entitled to receive the rent of the premises or, where the premises are not let at a rent, would be so entitled if they were so let;

“parametric values” has the same meaning as it has in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption ²;

“pipe” includes—

• (a) any sewer, water main, service connection, drain, channel, culvert, drainage pipe, and

• (b) any system of such pipes, accessories and related fittings, including meters,

that is used, designed or intended to be used to collect, store, distribute or measure water, waste water, domestic waste water or trade effluent;

“polluter pays principle” means the principle set out in Council Recommendation 75/436/Euratom, ECSC, EEC of 3 March, 1975 ³ regarding cost allocation and action by public authorities on environmental matters;

“premises” includes any building, vessel, vehicle, structure or land (whether or not there are structures on the land and whether or not the land is covered with water), and any plant or related accessories on or under such land, or any hereditament of tenure, together with any out-buildings and curtilage;

“prescribe” means prescribe by regulations made by the Minister under this Act, and cognate words shall be construed accordingly;

“public authority” means:

• (a) a Minister of the Government;

• (b) a local authority within the meaning of the Act of 2001;

• (c) the Commissioners of Public Works in Ireland;

• (d) a harbour authority within the meaning of the Harbours Acts 1946 to 2005;

• (e) a harbour company under the Harbours Acts 1996 to 2005;

• (f) the Health Service Executive;

• (g) a board or other body (but not including a company under the Companies Acts) established by or under statute;

• (h) a company under the Companies Acts, in which all the shares are held—

• (i) by or on behalf of or jointly with a Minister of the Government,

• (ii) by directors appointed by a Minister of the Government, or

• (iii) by a board, company or other body referred to in paragraph (g) or subparagraph (i) or (ii),

or

• (i) any other person as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act;

F2[“recommended allowance” has the meaning assigned to it by section 53A (inserted by section 8 of the Water Services Act 2017);]

“service connection” means a water supply pipe or drainage pipe, together with any accessories and related fittings, extending from a waterworks or waste water works to the outer edge of the boundary to the curtilage of a premises, and used, or to be used as the case may be, for the purpose of connecting one or more premises with a waterworks or waste water works, and, where used or to be used for connecting more than one such premises it shall extend to the outer edge of the boundary to the curtilage of the premises which is furthermost from the said waterworks or waste water works;

“sewage” and “sewage effluent” have the meanings assigned to them by the Act of 1977;

“sewer” means drainage pipes and sewers of every description, including storm water sewers, owned by, vested in or controlled by a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, but does not include a drain or service connection;

“source” means any lake, pool, river, pond, stream, impoundment, spring or aquifer from which water is or at any time may be obtained;

“storm water” means run-off rainwater that enters any pipe;

“structure” means any building, erection, structure, excavation, or other thing constructed, erected, or made on, in or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situated;

“surface water” means all rainwater or other water that is not in a pipe, but is on the surface of the land;

“technical requirements”, in relation to a pipe and its fittings, means the appropriate capacity for the anticipated level of usage of the pipe, taking account of the standard sizes in which pipes and fittings are generally manufactured;

F2[“threshold amount” means the threshold amount specified by order under subsection (1)(a) or (4)(a) of section 53B (inserted by section 9 of the Water Services Act 2017);]

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

“trade effluent” means effluent from any works, apparatus, plant or drainage pipe used for the disposal to a waste water works 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 waste water or storm water;

“treatment systems” includes systems involving physical, chemical, biological or thermal processes, or combinations of processes, utilised for treatment of water or waste water, or the sludge derived therefrom;

“urban waste water” means domestic waste water or the mixture of domestic waste water with industrial waste water;

“waste water” means sewage, storm water or other effluent discharged, or to be discharged, to a drain, service connection or sewer;

“waste water works” means sewers and their accessories, and all other associated physical elements used for collection, storage or treatment of waste water, and any related land, which are owned by, vested in, controlled or used by any person providing or intending to provide water services;

“water main” means water supply pipes owned by, vested in or controlled by a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, but does not include pipes, fittings and appliances to which the words “distribution system” or “service connection” interpreted in this section apply;

“water services” means all services, including the provision of water intended for human consumption, which provide storage, treatment or distribution of surface water, groundwater or water supplied by a water services authority, or waste water collection, storage, treatment or disposal, but does not include—

• (a) provision by a person of pipes and related accessories for the distribution of water, or collection of waste water, to facilitate the subsequent connection by a provider of water services of another person to a water supply or waste water collection service, and

• (b) such other exemptions as the Minister may prescribe, for the purposes of the application of licensing provisions under Part 6;

“water services authority” means a County Council or a City Council as defined in the Act of 2001, and, subject to such exceptions as may be prescribed, and where the context permits, any references to a sanitary authority or local authority in any legislation, in so far as it relates to functions of that authority in relation to water services, shall be regarded as a reference to a water services authority;

“waters” has the meaning assigned to it by the Act of 1977;

“waterworks” means water sources, water mains and their accessories, and all other associated physical elements used for the abstraction, treatment, storage or distribution of water, and any related land, which are owned by, vested in, controlled or used by any person providing or intending to provide water services;

“works” except where the context otherwise requires includes waterworks and waste water works.

• (2) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.

• (3) A reference in this Act to the provision of a service shall be construed as including references to the rendering, the supply, the grant, the issue or provision otherwise of the service, and kindred words shall be construed accordingly.

3. Commencement.

3.— This Act comes into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions.

4. Repeals and revocation.

4.— (1) The Acts specified in Schedule 1 are repealed to the extent specified in column 3 of that Schedule opposite the mention of the Act concerned.

• (2) Article 9 of the Urban Waste Water Treatment Regulations 2001 (S.I. No. 254 of 2001) is revoked.

5. Directives.

5.— The purpose for which this Act is enacted includes giving effect to so much of the following as relates to water services:

• F6[(a) Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014⁶ on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast);]

• (b) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment ⁵;

• (c) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy ⁶;

• (d) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption ⁷;

• (e) Commission Directive 98/15/EC of 27 February 1998 amending Council Directive 91/271/EEC with respect to certain requirements established in Annex 1 thereof ⁸;

• (f) Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources ⁹;

• (g) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment ¹⁰;

• (h) Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture ¹¹;

• (i) Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances ¹²;

• F7[(j) Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community ¹³,]

• F8[(k) Directive 2008/98 /EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives ¹⁴.]

6. Provision of information.

6.— (1) The Minister, a F9[water services authority, F10[…] Irish Water] or any prescribed person may, for the purposes of discharging his or her or its functions under this Act, by notice in writing given to or served on a person who is—

• (a) providing water services,

• (b) making, causing or permitting a discharge to a drain, service connection or waste water works, or

• (c) in receipt of a water supply,

require the person to keep such records or to give to the Minister, a F9[water services authority, F10[…] Irish Water] or other prescribed person, in writing or otherwise as may be specified, within such period (being not less than 14 days) beginning on the date of the giving or serving of the notice as may be specified in the notice, such particulars as may be so specified in relation to any of those activities or practices, and such other information (if any) as he or she or it may consider necessary for the purposes of those functions.

• (2) A person who—

• (a) fails or refuses to comply with a requirement in a notice under this section,

• (b) in purported compliance with such a requirement gives to the Minister, a F9[water services authority, F10[…] Irish Water] or other prescribed body information that, to his or her knowledge, is false or is misleading in a material respect, or

• (c) in relation to an application for a licence or consent, or to an application for financial assistance, or to the provision of any information required under this Act or any regulations thereunder provides information which is to his or her knowledge false or misleading,

commits an offence.

• (3) Where a person is convicted of an offence under this section in relation to the provision of false or misleading information in connection with an application for a licence under this Act, any licence issued to that person consequent on the application to which the information was furnished shall stand revoked from the date of the conviction.

• (4) Without prejudice to section 19(1)(f), the Minister may make regulations in relation to the provision of information or documents in electronic form by any person for the purposes of this Act.

• (5) Without prejudice to the generality of subsection (4), regulations under this section may—

• (a) provide for—

• (i) specification of the circumstances in which information or documents may be provided in electronic form,

• (ii) related technical and procedural requirements,

• (iii) consent to the giving or receipt of information in electronic form,

• (iv) retention and reproduction of information or documents given in electronic form, or

• (v) related and ancillary matters, and

• (b) apply to a particular class or classes of information or document, or for a particular period.

• (6) Subsection (4) applies without prejudice to any other enactment requiring or permitting documents or other information to be given, retained or produced, as the case may be, in accordance with specified procedural requirements or particular information technology.

• (7) In this section, “electronic form” means information that is generated, communicated, processed, sent, received, recorded, stored or displayed by electronic means and is capable of being used to make a legible copy or reproduction of that communicated information, but does not include information communicated in the form of speech and such electronic means includes electrical, digital, magnetic, optical, electro-magnetic, biometric, photonic and any other form of related technology.

7. Obligation to give information on ownership.

7.— (1) A F11[water services authority, F12[…] Irish Water] or other prescribed person may for any purposes connected with this Act, by notice in writing, require the occupier of any land or any person receiving, whether for himself or herself or for another, rent from any land to inform it or him or her within a specified period ending not less than 14 days after being so required, of particulars of—

• (a) the estate,

• (b) interest or right by virtue of which he or she occupies such land or receives such rent, as the case may be, and

• (c) the name and address (so far as known to him or her) of every person who to his or her knowledge has an estate or interest in or right over or in respect of such land.

• (2) A person who is required to provide any particulars under subsection (1) who—

• (a) fails to provide those particulars within the specified period, or

• (b) when stating such particulars makes a statement which to his or her knowledge is false or misleading in a material respect,

commits an offence.

8. Offences and penalties.

8.— (1) A person who commits an offence under section 19(4) or 56(20) is liable on summary conviction to a fine not exceeding €100.

• (2) A person who commits an offence under section 7(2), 30(7)(b), 30(10), 42(9)(a), 43(17), 45, 49(6), 56(4), 56(15), 56(18), 62(8), 72(6), 74(4)(b), 80(6) or 104(12) is liable on summary conviction to a fine not exceeding €5,000.

• (3) A person who commits an offence under section 6(2), 33(3), 53(1), 55(1)(a), 55(11), 61(1)(a), 61(2), 61(12), 63(12)(a), 74(1) or 74(3) is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.

• (4) A person who commits an offence under section 12(1), 22(7), 31(15), 31(20), 32(5), 54(6), 57, 58(4), 59(2), 60(2), 63(11), 63(17), 69(7), 70(10) or 79(5) 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.

• (5) In imposing any penalty under subsection (2), (3) or (4), the court shall, in particular, have regard to the risk or extent of injury to human health or the environment arising from the act or omission constituting the offence, and to the polluter pays principle.

• (6) Subject to subsection (7), a court of competent jurisdiction may order up to the limit of its jurisdiction that a person guilty of an offence under this Act, in addition to any penalty imposed by the court in accordance with this section, shall carry out all necessary remedial works directed by the court to be necessary towards making good any damage caused by the offence.

• (7) If the person who brought the prosecution is willing to undertake some or all of the necessary remedial work, and indicates this to the court, the court may order that the person may do that work, or arrange for it to be carried out on behalf of or jointly with that person, in lieu of the convicted party, and that the cost of the work, undertaken by the person who brought the prosecution, and agreed by the court to have been necessary work towards making good the damage caused by the offence, shall be payable by the convicted party.

9. Prosecution of offences.

9.— (1) Summary proceedings for an offence under this Act F13or section 23A(6) of the [Water Services (No. 2) Act 2013] may be brought by a water services authority F14[…].

• (2) F14[…]

• (3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for any offence under this Act F13or section 23A(6) of the [Water Services (No. 2) Act 2013] may be commenced—

• (a) at any time within 12 months from the date on which the offence was committed,

• (b) if, at the expiry of that period, the person against whom the proceedings are to be brought is outside the State, within 6 months of the date on which he or she next enters the State, or

• (c) at any time within 6 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings, comes to that person’s knowledge,

whichever is the later, provided that no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed.

• (4) For the purpose of this section, a certificate signed by or on behalf of or jointly with the person bringing the proceedings as to the date on which evidence relating to the offence concerned came to his or her knowledge shall be prima facie evidence and in any legal proceedings a document purporting to be a certificate issued for the purpose of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate.

• (5) Where two or more persons are liable by virtue of this Act for the same damage, they shall be liable jointly and severally as concurrent wrongdoers within the meaning of Part III of the Civil Liability Act 1961.

10. Cost of prosecutions.

10.— (1) Where a person is convicted of an offence under this Act F15or section 23A(6) of the [Water Services (No. 2) Act 2013], the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to—

• (a) a water services authority, or

• (b) another person,

the costs and expenses, measured by the court, incurred by the water services authority or other person in relation to the investigation, detection or prosecution of the offence.

• (2) Costs and expenses referred to in subsection (1) may include costs and expenses incurred in relation to any one or more of the following:

• (a) the taking of samples;

• (b) the carrying out of tests;

• (c) examinations and analyses; and

• (d) the remuneration and other expenses of directors, employees, consultants and advisers.

11. Payment of certain fines to prosecuting authorities.

11.— (1) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, it shall, on the application of the water services authority F16[…] (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the water services authority F16[…].

• (2) Payment to be paid under subsection (1) may be enforced by the water services authority F16[…] as if it were due on foot of a decree or order made by the court in civil proceedings.

12. Obstruction.

12.— (1) A person who obstructs or interferes with—

• (a) the exercise by a water services authority or any other prescribed person of powers vested in it or him or her under, or by virtue of, this Act, or

• (b) the compliance by any person, including the owner or occupier of a premises, with the provisions of this Act or of any notice, direction or order issued under it,

commits an offence.

• (2) The owner or occupier of a premises to which subsection (1)(b) applies may apply to a court of competent jurisdiction for an order against the person who is causing the obstruction or interference referred to in subsection (1) directing that person to cease the obstruction or interference complained of.

• (3) An order under subsection (2), or the refusal of an order under that subsection, shall not affect any requirement or obligation under this Act on an owner or occupier or other relevant person.

13. Onus of proof.

13.— In any prosecution for an offence under this Act the onus of proving the existence of any licence or exemption shall be on the person seeking to avail of it.

14. Offences by bodies corporate.

14.— (1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

15. Expenses of Minister.

15.— The expenses incurred by the Minister in administering this Act shall, to such extent as may be sanctioned by F17[the Minister for Public Expenditure and Reform], be paid out of moneys provided by the Oireachtas.

16. Grants by Minister.

16.— The Minister may, for the purposes of this Act, as he or she sees fit and in accordance with such conditions as he or she may determine, make grants out of moneys provided by the Oireachtas to—

• (a) a water services authority,

• (b) any person providing or intending to provide water services,

• (c) an organisation which represents or promotes the formation of co-operative groups or voluntary associations,

• (d) an organisation which conducts research or provides information, advice or training related to F18[water services,]

• F19[(dd) in accordance with section 31 of the Water Services Act 2017, the Water F20[Forum, or]]

• F21[(de) F22[…]]

• (e) any other person.

17. Schemes of financial assistance.

17.—F23[…]

18. Regulations, orders and directions.

18.— (1) The Minister may make regulations for the purposes of this Act, including regulations for prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.

• (2) Regulations made under this Act may make different provisions, including provision for different requirements or exemptions, in relation to different areas, different circumstances, different classes of persons or water services or other activities.

• (3) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulation or order made under it) as may appear to the Minister to be appropriate for the purposes of this Act or any regulations or order made under it.

• (4) Every regulation made by the Minister 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 House within the next 21 days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

19. Service of notices.

19.— (1) Any notice, or other document or thing, required to be served or given by, or under, this Act shall be addressed to the person concerned and served or given in any of the following ways:

• (a) by addressing it to the person by name and delivering it to him or her;

• (b) by leaving it at the address at which the person ordinarily resides or carries on business;

• (c) by sending it by post in a prepaid registered letter addressed to him or her at the address at which he or she ordinarily resides or carries on business;

• (d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address;

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

• (f) where there is a facility for receiving a copy of the notice by electronic mail or a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a copy of the notice by electronic mail or a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this subsection other than this paragraph.

• (2) Where the name of the person concerned cannot be ascertained by reasonable inquiry a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge” as the case may be.

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

• (4) A person who, at any time during the period of 3 months after a notice is affixed under subsection (1)(e) removes, damages or defaces the notice without lawful authority, commits an offence.

• (5) Without prejudice to section 20 and for the purpose of a notice under section 43(13), 92(2) or 97(1)—

• (a) where the name of the person concerned cannot be ascertained by reasonable inquiry, the notice may be addressed (however expressed) to—

• (i) the person who owns or has control over the land or pipe referred to in the notice, or

• (ii) the person who is responsible for the maintenance, repair or renewal of the land or pipe referred to in the notice,

• (b) where the address of any person to whom a notice under section 43(13), 92(2) or 97(1) is directed cannot be ascertained by reasonable inquiry, then service of the notice may be effected by—

• (i) publication of the notice in Iris Oifigiúil,

• (ii) affixing a copy of the notice in a conspicuous position at or near the location at which the work referred to in the notice is to be carried out, and

• (iii) publication of the notice in a newspaper circulating in the area in which the land or pipe referred to in the notice is located.

20. Owners, occupiers, etc.

20.— Whenever in any proceedings under this Act it is necessary to mention the occupier or owner of any premises it shall be sufficient to designate him or her as “occupier” or “owner” of the premises without further description.

21. Powers of examination, investigation and survey.

21.— A water services authority, and any other person who may be prescribed functions under the Act, shall have all such powers of examination, investigation and survey as may be necessary for the performance of their functions in relation to this Act.

22. Powers of authorised persons.

22.— (1) The Minister, F24[Irish Water,] or a water services authority, or such other person as may be prescribed, may appoint a person to be an authorised person for the purposes of this Act.

• (2) An authorised person may, for any purpose connected with this Act—

• (a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there is or may be a risk to human health or the environment arising from the carrying on of a water services activity at a premises, enter any premises and bring onto those premises such other persons (including a member of the Garda Síochána) or equipment as he or she may consider necessary, or

• (b) at any time if he or she has reasonable grounds for suspecting there may be a risk to human health or the environment, or that an offence under this Act is being or is about to be committed, halt and board any vehicle and require the driver of the vehicle to take it to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person for such period as he or she may consider necessary, or

• (c) enter and inspect any premises for the purposes of obtaining any information which the Minister, F24[Irish Water,] the water services authority or other prescribed person, as the case may be, may require, or of performing a function under this Act.

• (3) An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this section unless he or she has obtained a warrant from the District Court under subsection (8) authorising such entry.

• (4) Every authorised person shall be furnished with a certificate of his or her appointment and, when exercising any power conferred on him or her by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

• (5) Whenever an authorised person enters any premises or boards any vehicle, under this section, he or she may—

• (a) take photographs and carry out inspections,

• (b) carry out tests and take samples,

• (c) monitor any effluent, including trade effluent or other matter which is contained in or discharged from a premises,

• (d) carry out surveys, take levels, make excavations and carry out examinations of depth and nature of subsoil,

• (e) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period of time as may be specified by the authorised person, which period—

• (i) shall be no greater than reasonably necessary, and

• (ii) may be extended from time to time by an authorised person where necessary for the purposes of subparagraph (i),

• (f) require information from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises,

• (g) require the production of, or inspect, records or documents, or take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any records or documents,

• (h) examine works,

• (i) carry out repairs or remedial works,

• (j) replace or renew equipment,

• (k) install or ascertain the course or condition of any sewer, drain, water main, distribution system, service connection or related accessories, or carry out maintenance, repairs or renewal on them, or

• (l) carry out examinations to ascertain whether water supplied to the premises is being wasted, or consumed in excessive amounts relative to the purpose provided or used for purposes other than for which supplied,

which the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any function under this Act.

• (6)
• (a) An authorised person who, having carried out enquiries in accordance with the powers provided under this section, considers that a water supply or waste water or any associated infrastructure at a premises constitutes a risk, or permits a risk to human health or the environment, may direct the owner or occupier of the premises to take such measures as are considered by that authorised person to be necessary to remove that risk.

• (b) If the owner or occupier referred to in paragraph (a) fails to comply with a direction of an authorised person under this subsection, the authorised person may do all things as are necessary to ensure that the measures required under the direction are carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the owner or occupier by him or her, or the person by whom he or she was appointed.

• (7) Any person who—

• (a) refuses to allow an authorised person to enter any premises or board any vehicle or to bring any person or equipment with him or her in the exercise of his or her powers,

• (b) obstructs or impedes an authorised person in the exercise of any of his or her powers,

• (c) gives either to an authorised person, F24[Irish Water,]a relevant water services authority or the Board, information which is to his or her knowledge false or misleading in a material respect, or

• (d) fails or refuses to comply with any direction or requirement of an authorised person,

commits an offence.

• (8)
• (a) Where an authorised person in the exercise of his or her powers under this section is prevented from entering any premises, or if he or she has reason to believe that evidence related to a suspected offence under this Act may be present in any premises and that the evidence may be removed therefrom or destroyed, or if the authorised person has reason to believe that there is a significant immediate risk to human health or the environment, the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant under this subsection authorising the entry by the authorised person onto or into the premises.

• (b) If, on application being made to the District Court under this subsection, the District Court is satisfied, on the sworn information of the authorised person that he or she has been prevented from entering a premises, the Court may issue a warrant authorising that person, accompanied, if the Court deems it appropriate by another authorised person or a member of the Garda Síochána F25[or an inspector appointed by the Agency in accordance with section 70E], as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in subsection (5) or (6).

• (9) An authorised person may, in the exercise of any power conferred on him or her by this Act involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Act, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána to whom he or she makes such a request shall comply with that request.

• (10) An authorised person may enter on land for the purpose of assessing the suitability of the land for any activity, or for use in connection with any activity, authorised under this Act and that entry shall be subject to the relevant provisions of section 252 of the Act of 2000 as if it were an entry made under that section.

• (11) The Minister may make regulations for the purpose of this section to provide for all or any of the following matters:

• (a) the taking of samples and the carrying out of tests, examinations and analyses;

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

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

• (d) any consequential or ancillary matters.

• (12) Any certificate or other evidence given, or to be given, in respect of any test, examination or analysis of any sample shall, in relation to that sample, be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

23. Time limits.

23.— (1) Where a provision of this Act, or of any regulation made under this Act, or of any notice served under this Act, enables representations to be made, or requires documents, particulars or other information to be furnished, before the expiration of a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Organisation of Working Time Act 1997) or any other day on which the principal office of the water services authority concerned, or other prescribed person (as the case may be), is closed, the representations, documents, particulars or other information (as the case may be), shall be regarded as having been received before the expiration of that period if received by the water services authority or other prescribed person on the next following day on which the principal office of the water services authority, or other prescribed person, is open.

• (2) In this section “representations” includes objections, submissions and observations.

24. Records.

24.— (1) A water services authority or any other person prescribed shall establish and maintain records for the purposes of this Act.

• (2) The records referred to in subsection (1) may be established and maintained in a form that is not legible if they are capable of being converted into a legible form.

• (3) In any proceedings taken under this Act a certificate signed by an authorised person and containing information stated to be taken from records maintained under this section by a water services authority or any other person prescribed shall be admissible as evidence of the facts stated in the certificate.

• (4) In any proceedings a document purporting to be a certificate under subsection (3) shall be deemed to be such a certificate and to have been signed by an authorised person unless the contrary is shown.

• (5) In any proceedings a document purporting to be a copy of a notice, order, licence or other record and to be certified by an authorised person to be a true copy of the notice, order, licence or other record shall be admissible as evidence of that notice, order, licence or record.

• (6) The Minister may make regulations for the purposes of this section, including regulations to impose requirements to keep specified records made under this section and to provide for the format of those records.

25. Register.

25.— (1) A water services authority and any other person prescribed shall, as soon as may be after the commencement of this section, establish and maintain a register for the purposes of this Act, and shall enter in the register the entries and additions as may, from time to time, be prescribed.

• (2) A register under this section shall be kept at the principal office of the water services authority concerned, or any other person prescribed, and shall be made available for inspection by any person during office hours.

• (3) Where a request is made to a water services authority, or any other person prescribed, for a copy of an entry in the register maintained by it or him or her under this section, the water services authority, or other person prescribed, shall issue such a copy to the applicant on, if so required, the payment by the applicant of a fee of such an amount (not exceeding the reasonable cost of making the copy) as may be determined.

• (4) Every document purporting to be a copy of an entry in a register maintained under this section by a water services authority, or other person prescribed, and purporting to be certified by an officer of the water services authority, or other person prescribed, to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was that officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

• (5) Evidence of an entry in a register under this section may be given by production of a copy of it certified under this section and it shall not be necessary to produce the register itself.

• (6) A water services authority, or other person prescribed shall notify the Minister, or other person prescribed, in such manner and at such times as may be prescribed, of such particulars entered in a register maintained under this section as may be prescribed.

• (7)
• (a) A water services authority or other person prescribed may keep a register under this section otherwise than in legible form so that the register is capable of being used to make a legible copy or reproduction of any entry in the register.

• (b) References in this section to a copy of an entry in a register under this section shall be construed as including references to such a legible copy or reproduction.

• (8) The Minister may make regulations to impose a requirement to record specified information for the purposes of this section and may prescribe the format of those records.

26. Provision of services.

26.— (1) For the purpose of enabling a water services authority or other person prescribed to perform their functions, the Minister may provide services (including services of staff) to the water services authority, or other person prescribed, on such terms and conditions (including payment for such services) as may be agreed and the water services authority or other person prescribed may avail of such services.

• (2) A water services authority may provide services (including services of staff) to the Minister, another water services authority, or any other person, on such terms and conditions (including payment for such services) as may be agreed, and the Minister, the other water services authority or other person may avail of such services.

• (3) A public authority may provide to the Minister, a water services authority, or any person prescribed, any services (including services of staff) required by the Minister or the water services authority, or other person prescribed, for the performance of any of his or her or its functions under this Act and on such terms and conditions (including payment for such services) as may be agreed and the Minister, water services authority or other person prescribed may avail of such services.

27. Transfer or extension of functions.

27.— F27[…]

28. Injunctive relief.

28.— (1) Where, on application by a water services authority to the High Court, the Court is satisfied that a person has failed to comply with a requirement of or under this Act, and the failure has caused, or is likely to cause, a risk to human health or the environment, it may by order—

• (a) direct the person to comply with the requirement, and

• (b) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.

• (2) An application for an order under this section shall be by motion, and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.

• (3) An application for an order under this section may be made whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned and shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.

29. Immunity.

29.— (1) No action or other proceeding shall lie or be maintained against the Minister, a water services authority or other prescribed person for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused by—

• (a) a failure to exercise any power conferred on the Minister, a water services authority or other prescribed person, by or under this Act or any regulations made under it, or

• (b) a restriction of the provision of water services in a manner which is reasonable for the performance of any functions under the Act.

• (2) Where the Minister, a water services authority or other person prescribed is satisfied that—

• (a) an authorised person appointed by the Minister, that water services authority or that other person,

• (b) an officer or employee of the Minister, of that water services authority or that other person, or

• (c) a member of a committee or consultative group established by the Minister, that water services authority or that other person,

has carried out his or her duties in relation to the performance by the Minister, that water services authority or that other person of his or her or its functions under this Act in good faith—

• (i) the Minister,

• (ii) the water services authority, or

• (iii) that other person,

as the case may be, shall indemnify the authorised person, officer or employee, or member of a committee or consultative group against all actions or claims howsoever arising in respect of the carrying out by him or her of his or her said duties.

PART 2 General Functions

30. General functions of Minister.

30.— F28[…]

31. Powers of a water services authority.

31.— (1) F29[…]

• (2) F30[…] a water services authority may provide water services or supervise the provision of water services by other persons, in accordance with any prescribed standards, for domestic and non-domestic requirements F30[…], taking full account of the following aspects of public policy, namely:

• (a) proper planning and sustainable development F30[…];

• (b) protection of human health and the environment;

• (c) relevant regulations and other statutory provisions made by the Minister or the Parliament and Council of the European Union;

• (d) relevant regulations made by the Minister for Health and Children;

• (e) relevant policy directions issued by the Minister under this Act or any other enactment;

• (f) guidance provided or direction made by the Agency;

• (g) sustainable management of water resources;

• F31[(h) relevant development plans, regional spatial and economic strategies, housing strategies or special amenity area orders, as appropriate, made under the Act of 2024;]

• (i) a water quality management plan or a programme of measures made under the Local Government (Water Pollution) Acts 1977 to 2007 for the area to be covered by the water services strategic plan;

• (j) a waste management plan under the Act of 1996;

• (k) a river basin management plan or a programme of measures under the EU Water Framework Directive; or

• (l) such other criteria, standards or procedures as may be prescribed in relation to matters to which paragraphs (a) to (k) apply or as may be directed by the Minister.

• (3) F29[…]

• (4) A water services authority may not provide water services or supervise the provision of water services if doing so is inconsistent with any of the public policy issues specified in subsection (2)(a) to (l).

• (5) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002, for the purposes of fulfilling all or any of its functions under subsection (2), a water services authority may make arrangements with another person, including entering into an agreement or arrangement with another person in relation to the provision of water services by another person or jointly with it F30[…].

• (6) Any plant, works, machinery or pipe provided under any arrangement under subsection (5) will be subject to the same obligations and duty of care by owners or occupiers of premises as if it was provided directly by a water services authority.

• (7) F29[…]

• (8) Notwithstanding subsection (7), a water services authority may require that the provision of water services to any person (other than in the case of water services provided to a household for domestic purposes) shall be subject to that person entering into an agreement with the water services authority under section 32(1)(k) in relation to reserving or assigning capacity for the provision of water services to that person.

• (9) F29[…]

• (10) A water services authority may provide assistance to any water services provider to facilitate the provision of water services.

• (11) F29[…]

• (12)
• (a) Notwithstanding any provision of this or any other enactment, a water services authority shall not enter into any agreement or arrangement with another person, F30[…], for the provision of water services jointly with or on behalf of the authority which—

• (i) involves or may involve the transfer of the water services authority’s assets or infrastructure, or any part of such assets or infrastructure, to that person, or

• (ii) prohibits the transfer to the water services authority of assets or infrastructure, or any part of such assets or infrastructure, provided by the person as part of such agreement.

(b)F30[…]

• (13) F29[…]

• (14) F29[…].

• (15) F29[…]

• (16) F29[…]

(17)F29[…]

• (18) F29[…]

• (19) A right to water services, which is provided for under, or may be construed from, this section, or any other section under this Act or any other enactment, whether enacted before or after this Act, shall not apply in relation to a premises which is an unauthorised structure, or the use of which constitutes an unauthorised use, under the Act of 2000.

• (20) F29[…]

32. General functions of water services authorities in relation to provision of water services.

32.— (1) A water services authority may F33[…] take all necessary measures to ensure compliance with its obligations under section 31 and for the purposes of carrying out its functions under section 31 F33[…] including—

• (a) the abstraction, impoundment, treatment, purchase or supply of water for drinking or any other purpose, in accordance with relevant provisions of this Act or any other enactment, or regulations made under this or any other enactment,

• (b) the provision, operation or maintenance of sewers and waste water collection and treatment facilities, in accordance with relevant provisions of this Act or any other enactment, or regulations made under this or any other enactment,

• (c) the construction or maintenance, or arrangement for the construction and maintenance of, waterworks or waste water works,

• (d) the undertaking of such work as is necessary to provide such waterworks or waste water works as may be required,

• (e) purchasing or obtaining premises or wayleaves,

• (f) the installation and maintenance of meters, or otherwise measuring the volume or rate of flow of water supplies or discharges to waste water works,

• (g) monitoring the quality of water supplies at any point or points,

• (h) monitoring the quality of waste water at any point or points,

• (i) treatment, reuse or disposal of by-products arising from the treatment of water or waste water,

• (j) without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002, entering into an agreement with any person in relation to or for the provision of, whether by that person or jointly with that person, water services F33[…],

• (k) without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002, entering into an agreement or arrangement with any person for the provision of water services to that person, including in relation to assigning capacity in a waterworks or reserving capacity in a waste water works for the provision of water services to that person,

• (l) authorising, controlling, monitoring or supervising the provision of water services by any other person F33[…],

• (m) carrying out all such surveys, research, analysis, monitoring or undertaking any other action which may be necessary for the purposes of its functions under this section,

• (n) the provision of guidance, advice or information to other persons in relation to water services,

• (o) entering into such contracts or other arrangements as it considers necessary or expedient for the use, purchase, or lease of any buildings, premises, materials, services, machinery or other apparatus, or

• (p) taking waterworks or waste water works provided by other persons in charge.

• (2) F33[…]

• (3) F33[…]

• (4) F33[…]

• (5) F33[…]

• (6) Measures taken in relation to failure to meet prescribed drinking water quality standards shall—

• (a) be prioritised having regard, amongst other matters, to the extent to which the relevant parametric values have been exceeded and to the potential danger to human health arising, and

• (b) in any event, be taken as soon as possible.

• (7) F33[…]

• (8) F33[…]

• (9) F33[…]

• (10) F33[…]

• (11) F33[…]

• (12) F33[…]

33. Connections to waterworks or waste water works.

33.— (1) In respect of any connection by a user to a waterworks or waste water works operated by or on behalf of or jointly with a water services authority, the water services authority may, subject to any regulations made under this section, specify any technical requirements necessary to minimise the risk of leakage or to protect the integrity of the waterworks or waste water works.

• (2) The Minister may make regulations for the purposes of subsection (1) specifying technical standards.

• (3) A person who fails to comply with a technical requirement specified under this section commits an offence.

34. Guidelines and codes of practice.

34.— The Minister may issue guidelines or codes of practice in relation to the performance of the functions of water services authorities under this Act, or in relation to the provision of water services by any person or in relation to the general duties of other persons to which this Act or regulations under it apply.

35. Guidelines and codes of practice in criminal proceedings.

35.— (1) Subject to subsection (2), failure on the part of any person to observe any provision of a guideline or a code of practice issued under section 34 shall not of itself render that person liable to any civil or criminal proceedings.

• (2) Where in any criminal proceedings a party is alleged to have committed an offence under this Act, being a provision for which there was a guideline or a code of practice at the time of the alleged contravention, subsection (3) shall have effect with respect to that guideline or code of practice in relation to those proceedings.

• (3) Any provision of a guideline or code of practice which appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened shall be admissible in evidence; and if it is proved that any act or omission of the defendant alleged to constitute the contravention is a failure to observe such provision of the guideline or code of practice, or if it is proved that any act or omission of the defendant is in compliance with such provision of the guideline or code of practice, then such failure or compliance shall be admissible in evidence.

36. Water services strategic plan.

36.— F34[…]

37. Functions of Minister in relation to water services strategic plans.

37.—F35[…]

38. Implementation of a water services strategic plan or any revision thereof.

38.— F36[…]

39. Transfer of functions from sanitary authorities.