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Water Services Act 2007

Type Act

Publication 2007-05-14

Last updated 2026-07-20

State Partially repealed

Text Latest available text

Source Irish Statute Book

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articles 135

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

21 amending acts · 2026-07-20, PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2026

Act to make provision in relation to 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 to provide for related matters

Reform history JSON API

(6)
(a) As a condition to the agreement of a water services authority to the connection of a premises to waste water services which are provided, or to be provided, by the water services authority or any person providing water services jointly with it or on its behalf, the water services authority may, at its absolute discretion and for the purposes of this section, require—

(i) that the length or overall capacity of the service connection, or such related pipes or accessories as it considers necessary, be increased to such extent beyond technical requirements as it may specify so as to enable adjoining or other premises to be connected to a waste water works, but subject to the water services authority—

(I) paying for any consequential increase in the cost of providing and installing the service connection or related pipes or accessories, and

(II) taking the service connection or related pipes or accessories into its charge or otherwise entering into an agreement in relation to their future use with the person seeking its agreement to connect the premises to the said waste water services,

as if the requirement was a requirement under section 34(4)(m) of the Act of 2000, or

(ii) that the service connection, or such related drainage pipes or accessories as it considers necessary, be opened for inspection or testing, or otherwise inspected or tested, by an authorised person.

(b) For the purposes of the application of section 34(4)(m) of the Act of 2000 to this subsection, a reference to a planning authority shall be deemed to include a reference to a water services authority.

(7) A connection to water services referred to in subsection (6) shall not be made until the authorised person is satisfied that—

(a) the service connection or related pipes or accessories are—

(i) of a proper standard,

(ii) have been installed correctly, and

(b) a connection to the water services in question may be properly made.

(8) For the purposes of subsection (7), and subject to any regulations under subsection (10), an authorised person may—

(a) give such direction in relation to—

(i) standards of workmanship or working practices generally,

(ii) technical specifications, including levels, for the service connection or related pipes or accessories, or their installation, or

(iii) the completion of the connection,

as appear to him or her to be necessary to comply with relevant prescribed standards, and

(b) carry out such inspection or testing as he or she considers necessary to verify compliance with a direction under paragraph (a).

(9) A water services authority, or any person providing water services jointly with it or on its behalf, may—

(a) close a connection to its water services made in contravention of subsection (1), or a connection to water services referred to in subsection (6) which is made in contravention of subsection (7) or a direction under subsection (8), or

(b) without prejudice to any power to prosecute provided for under this section—

(i) agree to the retention of a connection referred to in paragraph (a) subject to such conditions as it may specify, and

(ii) carry out such work on the connection (including associated pipes and fittings) as it considers necessary to bring it up to a proper standard, or direct that such work be carried out by a specified person,

and may recover any expenses incurred under this subsection from the person who made or caused the connection to be made, or on whose behalf it was made, or such other person who derives benefit from the connection.

(10) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, the regulations may include provisions in relation to—

(a) standards of workmanship or working practices,

(b) specifications for relevant materials and fittings, or

(11) A water services authority may recover any costs incurred by it in relation to its functions under this section from the person who is making or has made the relevant connection, or on whose behalf it is being or was made.

(12) A person who—

(a) makes a connection referred to in subsection (6) in contravention of subsection (7) or a direction under subsection (8), or

(b) contravenes a regulation under subsection (10),

commits an offence.

62. Nuisances in sewers, drainage of premises, etc.

62.— (1) It shall be lawful for a water services authority after 7 days notice in writing to the occupier of the land in which such sewer or part thereof is situated or, in case of emergency, without notice or after shorter notice, to cause such tests to be carried out as it considers necessary, or cause such sewers, or part thereof to be opened and examined, and for those purposes to cause any necessary openings and excavations to be made, where it appears to the water services authority that a sewer or part thereof may—

(a) be, or may be likely to become inadequate, defective, foul or neglected,

(b) cause a risk to human health or the environment, or

(2) If a sewer, or part thereof, is found on an examination or test under subsection (1) of this section not to be inadequate, defective, foul or neglected, or cause a risk to human health or the environment or permit infiltration of water, the water services authority which authorised the examination shall, subject to subsections (4) and (5), cause such sewer to be restored and any openings or excavations made in connection with the examination to be closed or filled up and any damage done to be made good.

(3) If a sewer, or part thereof, is found following test or examination under subsection (1) to be inadequate, defective, foul or neglected and any works are necessary for the abatement or prevention of risk to human health or the environment or the infiltration of water, the following provisions shall have effect:

(a) the water services authority may, at its absolute discretion—

(i) execute such works in the first instance or in the event of failure to comply with a notice under subparagraph (ii), or

(ii) direct the owner of the sewer by notice to execute such works;

(b) the water services authority may recover the cost of such works (including the cost of the test or examination) from the owner of the sewer.

(4) If a drain or related service connection or part thereof is found on investigation by a water services authority not to be inadequate, defective, foul or neglected or to permit the infiltration or exfiltration of water or waste water, but it appears to the water services authority that any separate premises drained by such system or part thereof is not drained satisfactorily, the water services authority may serve notice on the owner in accordance with section 42, or may provide or contribute to the cost of providing drainage for the premises.

(5) If a drain or related service connection or part thereof is found on investigation by a water services authority to be inadequate, defective, foul or neglected or to permit infiltration or exfiltration of water or waste water, and it appears to the water services authority that after executing the necessary remedial works, any premises would still not be drained satisfactorily, such water services authority may serve on the owner of such premises a notice under section 42, or may provide or contribute to the cost of providing drainage for the premises.

(6) Where a drain or service connection used for the whole or any part of the drainage of the premises, to which this section refers, is used in common by two or more premises, notice under section 42 may be served on any one or more of the owners, and it shall not be necessary to serve such notice on all such owners.

(7) For the purposes of this section, any drain, toilet or washing facility shall be regarded as part of the drain of the premises which it serves.

(8) A person who fails to comply with a direction under subsection (3)(a)(ii) commits an offence.

63. Licensing of discharges to sewers.

63.— (1) (a) A person other than a water services authority shall not, after such date as may be fixed for the purpose of this section by order made by the Minister, discharge or cause or permit the discharge, either directly or indirectly, of any trade effluent or other matter (other than domestic waste water or storm water) to a sewer or part thereof which is owned, vested in or otherwise under the control of a water services authority, or a person providing water services under an agreement with a water services authority, except under and in accordance with a licence under this section granted by the water services authority which owns the sewer or in which the sewer is vested or by which it is controlled, or under an agreement with which a person providing water services is providing or otherwise controls such sewer.

(b) Notwithstanding paragraph (a), subject to section 92, the issue of a licence under this section to discharge to a sewer or part thereof which is owned, vested in or otherwise under the control of a person providing services under an agreement with a water services authority shall be subject to the agreement of that person to the discharge to the sewer.

(c) A licence issued under paragraph (a) to a water services provider in respect of the discharge of trade effluent or other matter (other than domestic waste water or storm water) to a sewer may, where the issuing authority is the same water services authority, be incorporated into the licence issued by that authority to the water services provider under Part 6 of this Act in respect of the provision of that water service which gives rise to the discharge in question to the sewer.

(2)
(a) A water services authority may at its discretion—

(i) refuse to grant a licence under this section,

(ii) grant 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 water services authority shall take full account of—

(i) the objectives contained in any relevant plan under section 15 of the Act of 1977 and under section 36, and

(ii) whether the grant of such a licence would be prejudicial to the waste water works into which the proposed discharge would be made.

(3) A water services authority shall not grant a licence under this section in respect of the discharge of a trade effluent which would not comply with any relevant standard prescribed under section 26 of the Act of 1977, or would be inconsistent with requirements of subsection (2)(b).

(4) A water services authority shall take all such steps as may be appropriate in the discharge of its functions under this section, and under section 99E of the Act of 1992 as inserted by section 15 of the Protection of the Environment Act 2003, to ensure that the requirements of Schedule 2 are complied with in respect to the discharge of relevant waste water, and shall review, and if necessary revise, any licence concerned at intervals provided for in section 65.

(5) Without prejudice to the generality of subsection (2), 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 and the periods during which a discharge may be made or may not be made,

(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 water services authority,

(iv) measuring the intake of water to a premises for the purpose of assessing waste water discharge volumes,

(v) action to be taken in the event of an emergency,

(b) provide for the payment by the holder of the licence to the water services authority concerned of such amount or amounts, as may be determined by the water services authority having regard to the expenditure incurred or to be incurred by it, in relation to its administration of the licensing system provided for in this section, including monitoring the discharge of trade effluent or other matter, and

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

(7) Where, after 3 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, at any time, where such a discharge has ceased for a period of 3 years, the licence shall cease to have effect.

(8) A water services authority may serve on any person making, causing or permitting a discharge or entry in contravention of any of the provisions of this section, a notice requiring the ceasing of the contravention within such period as may be specified in the notice and requiring mitigation or remedying of any effects of the contravention within such period and in such manner as may be so specified.

(9) Where a person does not comply with a notice under subsection (8) within the period specified in the notice, the water services authority which served the notice may take any steps it considers necessary to prevent the discharge or entry or to mitigate or remedy any effects of the contravention and may recover the cost of such steps from the person on whom the notice is served.

(10) A notice may be served under subsection (8) whether or not there has been a prosecution under this section.

(11) A person who contravenes subsection (1), fails to comply with a requirement applied by regulations under subsection (14), or who fails to comply with a notice under subsection (8) or a condition of a licence issued by a water services authority under this section, commits an offence.

(12)
(a) A person who, in relation to an application for a licence under this section, or a review of a licence under section 65 or an appeal under section 66, when furnishing information under this section or when verifying any such information, makes a statement, in writing or otherwise, which is false or to his or her knowledge misleading in a material respect, commits an offence.

(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.

(13) F59[…]

(14)
(a) The Minister may by regulations—

(i) apply the requirements of paragraph (a) of subsection (1) to such class or classes of domestic waste water or storm water, or

(ii) exempt from paragraph (a) of subsection (1) such class or classes of discharge,

as he or she considers appropriate in the circumstances.

(b) The Minister shall not make regulations under paragraph (a) without having consulted with any Minister of the Government whom he or she considers ought to be consulted in relation to the making of the regulations, having regard to his or her functions.

(c) Regulations under paragraph (a) may specify requirements in relation to exempted classes of discharge, without prejudice to the generality of which may provide for—

(i) measures to avoid risk to human health or the environment or prejudicial effect on the collection, treatment, recovery or disposal of such discharges,

(ii) monitoring and inspection, or

(iii) recovery of monitoring and inspection costs.

(15) It shall be a 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, provided that the licence was not obtained through intentional or negligent misrepresentation in the application.

(16) A person shall not be entitled solely by reason of a licence under this section to make, cause or permit a discharge to a sewer.

(17) It is an offence to contravene a regulation made under subsection (14) in respect of measures to avoid risk to human health or the environment or prejudicial effect on the collection, treatment, recovery or disposal of discharges.

(18)
(a) Where a water services authority has obtained a court order in respect of the recovery of a charge to offset the costs incurred by it for the purpose of the treatment and recovery or disposal of the effluent to which a licence under this section relates and the charge remains unpaid, then a water services authority may by order declare that the licence stands revoked with effect from a date specified in the order and shall so stand revoked unless the charge is paid to the water services authority before that date.

(b) A licence revoked under paragraph (a) shall not be subject to appeal under section 66.

64. Transitional arrangements.

64.— (1) 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 12 months ending on the relevant date;

“relevant date” means the date fixed by order under section 63.

(2) Where a water services authority proposes to grant a licence under section 63 for an activity in respect of which a licence has been granted under section 16 of the Act of 1977, the water services authority shall, if the licence is being granted during the period of 3 years from the grant of the aforementioned licence, have regard to the conditions (if any) attached to such licence and the costs in relation to the activity which would be incurred if different conditions were attached to the licence to be granted under section 63.

(3) A person shall be deemed not to have contravened section 63(1) in relation to an existing discharge of trade effluent made in accordance with a licence under section 16 of the Act of 1977 if, before the relevant date, he or she applies for a licence under this section and complies with the requirements of any regulations under section 67 regarding the furnishing of information to a water services authority.

(4) In a prosecution for an offence under section 63 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 other matter made in the circumstances specified in subsection (3).

(5) On or after the commencement of this section, the relevant water services authority shall ensure that an activity for which a licence is required under section 63 is carried out in accordance with any licence issued under section 16 of the Act of 1977 for the same discharge until a decision on an application for a licence under section 63 or an appeal under section 66, made in accordance with the requirements of this Act, has been made, as the case may be, at which stage the licence under the Act of 1977 will lapse.

(6) Notwithstanding section 63(1), where a licence under section 16 of the Act of 1977 lapses before a decision on an application for a licence under that section or an appeal under section 66, as the case may be, has been made, the discharge to which the licence relates may continue, subject to the conditions (if any) attached to such licence, until a decision on an application for a licence under section 63 or an appeal under section 66 as the case may be, has been made, provided that the application for the licence under section 63 or an appeal to the Board under section 66 has been made in the manner prescribed by such date as may be prescribed by the Minister for the purposes of those sections.

(7) Where, before the commencement of section 63 there is an application for a licence to discharge or cause or permit the discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer or part thereof which is owned, vested in or otherwise under the control of a water services authority or of a person providing water services under an agreement with a water services authority, and a decision on the application has yet to be made by the water services authority, the application shall, on commencement of section 63, be deemed to be an application under that section.

(8) Notwithstanding subsection (7), neither this section nor section 63 shall apply to an activity where an appeal to the Board under section 20 of the Act of 1977, as inserted by the Act of 1990 has been, or may still be made, until the time for making the appeal has expired or the appeal has been determined or withdrawn and the licence (if any) issued, as the case may be, and the powers of the Board under the Act of 1977 shall continue to apply for this purpose.

65. Review of a licence under section 63.

65.— (1) A water services authority may review a licence under section 63 at intervals of not less than 3 years from the date of the licence or the last review of the licence, or at any time with the consent of the person making, causing or permitting the discharge.

(2) Notwithstanding any other provision of this Act or any condition in a licence under section 63, any such licence may be reviewed at any time by the water services authority that granted it if—

(a) the water services authority has reasonable grounds for believing that the discharge authorised by the licence conflicts, or is likely to conflict, with the sustainable use of water resources or is inconsistent, or likely to be inconsistent, with requirements of a river basin management plan or a programme of measures under the EU Water Framework Directive,

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

(d) further information has become available since the date of the granting of the licence relating to polluting matter present in the discharge concerned or relating to the effects of that matter,

(e) the licensee applies to the water services authority concerned to review the licence,

(f) a revision has been made to standards for effluent discharges under this Act or any other enactment,

(g) the capacity of the receiving waste water works has been or is likely to be exceeded, or

(h) a drain or service connection, or part of a drain or service connection, through which trade effluent or other relevant matter is discharged under the terms of the licence is declared to be a sewer under section 69.

(3) Notwithstanding subsection (1), where regulations are made under section 26 of the Act of 1977 relating to a trade effluent or sewage effluent from a sewer or to waters to which a sewer discharges, a licence under section 63 shall be reviewed by the water services authority F60[…] as soon as may be after the commencement of such regulations and thereafter at such intervals as may be specified in the regulations.

(4) Upon completion of a review under this section, a water services authority may amend or delete any condition of the licence or attach conditions or additional conditions to the licence or revoke the licence; and if a water services authority proposes to exercise a power aforesaid, it shall do so as soon as may be after the completion of the relevant review under this section.

(5) The Minister may make regulations for the purpose of this section.

(6) Without prejudice to the generality of subsection (5), regulations under that subsection may make provision in relation to all or any of the following matters:

(a) the giving of notice by a water services authority to a person discharging or causing or permitting a discharge of its intention to review a licence;

(b) the insertion of a requirement in such a notice that representations relating to the review may be made within a specified period;

(c) the payment to water services authorities of fees of such amounts as may be specified in the regulations in relation to reviews of licences;

(d) the payment of fees of different amounts in respect of different classes of such reviews as aforesaid;

(e) exemption from the payment of such fees in such circumstances as may be specified;

(f) the waiver, remission or refund (in whole or in part) of such fees in such circumstances as may be specified, or

(g) the manner in which fees may be disposed of.

66. Appeals in relation to sections 63 and 65.

66.— (1) (a) A person causing or permitting a discharge to which a licence under section 63 relates may, before the expiration of such period as may be prescribed, appeal to the Board in relation to—

(i) the revocation of the licence,

(ii) the attachment of conditions or additional conditions to the licence, or

(iii) the amendment or deletion of any condition attached to the licence,

by a water services authority.

(b) A person whose application for a licence under section 63 has been refused by a water services authority may, before the expiration of such period as may be prescribed, appeal to the Board in relation to the refusal.

(i) in case an appeal is not brought against it, upon the expiration of the period referred to in paragraph (a) or (b), as the case may be,

(ii) in case an appeal is brought against it and the final determination of the appeal does not set the act aside, upon and in accordance with such final determination, or

(iii) in case an appeal is brought against it and the appeal is withdrawn, upon the withdrawal of the appeal.

(2) The Board, after consideration of an appeal under this section, shall either, as it thinks proper, allow or refuse the appeal in whole or in part, or, give appropriate direction to the water services authority concerned relating to the granting or refusal of a licence, or the attachment, amendment or deletion of conditions, and a water services authority shall comply with any such direction.

67. Regulations for purpose of sections 63 and 66.

67.— (1) The Minister may make regulations for the purpose of licensing under section 63 and appeals under section 66.

(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 in relation to an application for a licence;

(d) requiring water services authorities to furnish to the Minister, to the Board or to any other specified persons any specified information in relation to any applications and the manner in which they have been dealt with;

(e) requiring an applicant to defray or contribute towards the cost of any investigation carried out by a water services authority in relation to an application;

(f) the oral hearing of any appeal to the Board and any such oral hearing being conducted by the Board or by a person appointed for that purpose by the Board;

(g) any procedural matter in relation to appeals under section 66;

(h) the payment to a water services authority of a fee of such amount as may be specified in respect of an application to it for a licence under section 63;

(i) the payment of fees of different amounts in respect of different classes of such applications;

(j) exemption from the payment of fees provided for under paragraph (h) or (i) in such circumstances as may be specified;

(k) the waiver, remission or refund (in whole or in part) of such fees in such circumstances as may be specified; or

(l) the purpose for which fees may be used.

(3) Where, under regulations made under this section, a fee is payable to a water services authority in respect of an application for a licence under section 63, the water services authority shall not consider the application unless the fee is received by the water services authority.

(4) A defrayment or contribution under subsection (2)(e) or a fee under subsection (2)(h) or (i) or an amount specified under section 63(5)(b) shall be payable on demand by the applicant or licence holder as the case may be.

68. Sewage facilities for vessels, etc.

68.— (1) For the purposes of this section—

“temporary dwellings” means any—

(a) tent, or

(b) van or other conveyance (whether on wheels or not), or

used on a temporary basis for human habitation or constructed or adapted for such use;

“traveller community” has the meaning assigned to it by section 2 of the Equal Status Act 2000;

“vehicle” includes any car, van, bus, lorry, truck or train;

“vessel” means a water-borne craft of any type, whether self-propelled or not, and includes any air-cushion craft, ship, boat, barge or lighter.

(2) A water services authority may provide or arrange for the provision of facilities for the reception and disposal of sewage from vessels, vehicles, aircraft or temporary dwellings, and may impose fees or other charges for the provision or use of such facilities.

(3)F61[…]

69. Power to declare drains to be sewers for certain purposes.

69.— (1) (a) In this section a reference to a drain shall be construed as a reference to a drain or a service connection.

(b) An order under subsection (2) may relate to all or a specified part only of a specified drain, and references in this section to a drain shall be construed accordingly.

(2) A water services authority may by order declare that a specified drain shall be regarded as a sewer under the control of the water services authority for the purposes of section 63 and for no other purpose.

(3) Whenever a water services authority proposes to make an order under subsection (2) in relation to a drain—

(a) it shall, not less than 30 days before the date of the making of the order, give notice in writing of its intention to make the order to the owner of the drain and any person causing or permitting a discharge of trade effluent or other matter (other than domestic waste water or storm water) to the drain, and

(b) a person on whom a notice is served under paragraph (a) may within 30 days of the giving to him or her of the aforesaid notice make representations in writing to the water services authority in relation to the making of the order and the authority shall, before deciding whether to make the order, take into consideration any representations made by that person.

(4) An order under subsection (2) shall come into operation on such date (not being less than 6 months after the date of its making) as may be specified therein.

(5) Copies of an order under subsection (2) shall, within 10 days after the date of its making, be deposited and made available for inspection and purchase at the offices of the water services authority F62[…] and a copy thereof shall, within the period aforesaid, be given or served on each person served under subsection (3)(a).

(6)
(a) Where an order is made by a water services authority under subsection (2), then any person causing or permitting a discharge of trade effluent or other matter (other than domestic waste water or storm water) to the drain concerned shall, within 6 months after the order is made—

(i) apply to the authority which made the order for a licence under section 63 in respect of the discharge, or

(ii) cease the discharge.

(b) (i) A person who, in pursuance of paragraph (a), duly applies for a licence under section 63 and furnishes any information duly required by the water services authority concerned in relation to the application shall be deemed not to have contravened section 63 during the period from the commencement of the order to the grant or, as the case may be, the expiration of one month after the refusal to grant the licence, in respect of any discharge to the drain concerned that is similar in nature, composition, temperature and volume, and is made, during that period, at a rate similar to that of the discharge concerned to which paragraph (a) relates during the corresponding period before such commencement.

(ii) In a prosecution for an offence under section 63 it shall be presumed until the contrary is shown that the discharge concerned is not one to which subparagraph (i) applies.

(c) Where a drain or part of a drain through which relevant effluent is discharged is declared to be a sewer under subsection (2), then a licence under section 4 of the Act of 1977 may be reviewed by the local authority which granted it, in accordance with the provisions of that Act.

(7) A person who fails to apply for a licence or to cease a discharge to which subsection (6)(a) refers within 6 months from commencement of the relevant order commits an offence.

(8) The Minister may make regulations in relation to administrative procedures under this section.

70. General duties of an owner or occupier.

70.— (1) The occupier of a premises (or if unoccupied the owner) shall not permit waste water to be discharged from the premises to a sewer in a manner that—

(a) causes, or is likely to cause a risk to human health or the environment, including risk to waters, the atmosphere, land, soil, plants or animals, or

(b) creates a nuisance through odours.

(2) The owner of a premises shall ensure that all drains, manholes, gullytraps and storage and treatment systems for waste water, including related accessories, not in the charge of a water services provider, which serve that premises are kept so as not to—

(a) cause, or be likely to cause, a risk to human health or the environment, including to waters, the atmosphere, land, soil, plants or animals, or

(b) create a nuisance through odours.

(3) A person shall not throw or cause to be thrown, pass or cause to be passed any matter or substance into any sewer or drain—

(a) by which the free flow of the contents of such sewer or drain may be interfered with,

(b) by which any such sewer, drain or related waste water works may be damaged,

(c) which would prejudicially affect the treatment, recovery or disposal of the contents of the sewer or drain, whether because of its temperature, chemical composition or otherwise,

(d) which causes, or is likely to cause, a risk to human health or safety or gives rise to, or is likely to give rise to substances which cause such risk, or

(e) which causes or is likely to cause a risk to the environment, including to waters, the atmosphere, land, soil, plants or animals.

(4) A person shall not permit or cause the entry of any polluting matter, including sewage, to any drain or sewer provided or used solely for the reception or disposal of storm water.

(5) The occupier of a premises (or if unoccupied the owner) shall notify the water services authority F63[when a leak], accident or other incident occurs concerning waste water discharges from the premises to a drain, sewer or treatment system which is causing or is likely to cause a risk to human health or safety, or the environment, or which prejudicially affects, or is likely so to do, the treatment, recovery or disposal of the contents of the drain, sewer or treatment system, and shall actively co-operate with the water services authority and comply with the instructions of the water services authority in relation to measures necessary to effect remediation.

(6) A water services authority or any person affected by a failure, or alleged failure of a third party to comply with a duty of care provided for under this section may complain to the District Court, and the Court may order the third party to take the measures necessary to effect a cessation of the activity which is the subject of the complaint, or to take specified measures to effect compliance with their obligations under this section.

(7) Before a complaint is made to the District Court under subsection (6), the water services authority or the person concerned, as the case may be, shall serve a notice in the prescribed form of the intention to make such a complaint, within such time as may be specified in the notice, on the said third party.

(8) In a prosecution for a contravention of subsection (1) or (3) or in proceedings under subsection (6) it shall be a defence to prove that the activity concerned was carried out in accordance with a licence or revised licence under Part 4 of the Act of 1992 or a licence under section 16 of the Act of 1977 or section 63, provided that the licence was not obtained through intentional or negligent misrepresentation in the application.

(9) The Minister may make regulations to prohibit or restrict, or to specify measures (including pre-treatment requirements) to be undertaken prior to, the discharge of specified effluent to a drain or waste water works.

(10) A person who fails to comply with or contravenes subsection (1), (2), (3), (4) or (5) or a regulation under subsection (9) commits an offence.

(11) In this section a reference to a drain shall be construed as a reference to a drain or a service connection.

PART 4A Domestic Waste Water Treatment Systems

70A. Definitions.

70A.— In this Part—

‘advisory notice’ has the meaning assigned to it by section 70H;

‘certificate of registration’ means a certificate of registration issued under section 70B;

‘domestic waste water treatment system’ means a system involving physical, chemical, biological or thermal processes, or a combination of such processes, utilised for the treatment or disposal of domestic waste water, or the sludge derived from domestic waste water, and includes—

(a) all septic tanks and waste water tanks and systems receiving, storing, treating or disposing of domestic waste water and all drains associated with such tanks or systems, and

(b) all drains associated with the discharge of domestic waste water, whether or not they discharge to a septic tank or waste water tank;

‘inspector’ means a person appointed by the Agency in accordance with section 70E;

‘national inspection plan’ has the meaning assigned to it by section 70K;

‘prescribed date’ means the date prescribed by regulations made by the Minister under section 70B;

‘register of domestic waste water treatment systems’ has the meaning assigned to it by section 70B. ]

70B. F65[ Register of domestic waste water treatment systems.

70B.— (1) Each water services authority shall establish and maintain a register of domestic waste water treatment systems situated within its functional area (in this Part referred to as a ‘register of domestic waste water treatment systems’).

(2) The owner of a premises connected to a domestic waste water treatment system shall, on or before the prescribed date and in accordance with this section, apply to the water services authority in whose functional area the treatment system is situated, to have the treatment system entered in the register of domestic waste water treatment systems maintained by the water services authority concerned.

(3) An application under this section shall—

(a) be made in writing or by electronic means,

(b) specify the name of the applicant and the address at which he or she normally resides,

(d) contain such other information as may be prescribed, and

(e) in the case of an application under subsection (2), be accompanied by the prescribed fee.

(4) On receipt of an application under this section, a water services authority shall—

(a) enter the domestic waste water treatment system concerned in the register of domestic waste water treatment systems for the functional area of the water services authority concerned, and

(b) issue a certificate of registration to the applicant.

(5) A certificate of registration shall be valid F66[…] from the date on which it was issued.

(6) F67[…]

(7) F68[…]

(8) A water services authority shall, from time to time, review each entry in the register of domestic waste water treatment systems maintained by it and, if the water services authority becomes aware that any particular in the register is incorrect or has ceased to be correct, the water services authority shall make such alteration to the register as it considers necessary and shall notify any person it considers appropriate of such alteration.

(9) A register of domestic waste water treatment systems shall be maintained by a water services authority in such form (including electronic form) as the Agency may direct and shall contain—

(a) details of domestic waste water treatment systems which have been entered on the register by the water services authority concerned, including the date on which each system was entered on the register and the date on which each certificate of registration is due to expire,

(b) details of domestic waste water treatment systems in the functional area of the water services authority concerned which have been inspected under section 70H,

(d) details of applications made under subsection (7) of section 70H,

(e) details of appeals made under subsection (9) of section 70H,

(f) details of notices of compliance made by the water services authority concerned under section 70H(17), and

(g) such other information as may be determined by the Agency from time to time.

(10) A water services authority shall publish in such manner as it thinks fit, including by electronic means, and make available for inspection at all reasonable times by members of the public, the register of domestic waste water treatment systems maintained by it under this section.

(11) An authorised person appointed by a water services authority may request the owner of a premises connected to a domestic waste water treatment system to produce a valid certificate of registration in respect of the system.

(12) A person who fails to comply with a request under subsection (11) within 20 working days, commits an offence.

(13) The Minister may, following consultation with the Agency, make regulations for the purposes of this section and, without prejudice to the generality of the foregoing, regulations under this section may prescribe:

(a) the form and manner, including by electronic means, in which an application, under subsection (2) or (6) shall be made;

(b) the fee payable to the water services authority, which shall not exceed €50, which shall accompany an application under subsection (2);

(d) such consequential or ancillary matters as the Minister considers appropriate.]

70C. F69[ Duties of owners of premises connected to domestic waste water treatment systems.

70C.— (1) The owner of a premises connected to a domestic waste water treatment system shall—

(a) comply with regulations made under section 70L,

(b) ensure that the system does not constitute, and is not likely to constitute, a risk to human health or the environment, and, in particular does not—

(i) create a risk to water, air or soil, or to plants and animals,

(ii) create a nuisance through noise or odours, or

(iii) adversely affect the countryside or places of special interest,

and

(c) ensure that the system is entered on a register of domestic waste water treatment systems in accordance with section 70B.

(2) A person who contravenes paragraph (a), (b) or (c) of subsection (1) commits an offence.]

70D. F69[ Sale of premises connected to domestic waste water treatment systems.

70D.— (1) A person who, on or after the prescribed date, sells a premises connected to a domestic waste water treatment system, shall on the completion of the sale, furnish a valid certificate of registration in respect of the treatment system concerned to the purchaser of the premises.

(2) A purchaser of a premises connected to a domestic waste water treatment system shall, after the completion of the sale, notify the relevant water services authority of the change in ownership and the water services authority concerned shall update the register of domestic waste water treatment systems accordingly. ]

70E. F71[ Appointment of inspectors.

70E.— (1) Subject to subsection (2), the Agency shall appoint such persons as it considers appropriate to carry out inspections of domestic waste water treatment systems for the purposes of this Part.

(2) The Agency shall not appoint a person to be an inspector for the purposes of this Part unless that person—

(a) has made an application to the Agency in the prescribed form accompanied by the prescribed fee,

(b) is the holder of a prescribed professional or technical qualification,

(d) is the holder of the prescribed professional indemnity insurance, and

(e) has complied with any other prescribed requirements.

(3) An appointment under subsection (1) shall cease if—

(a) the Agency revokes the appointment, or

(b) the appointment is for a fixed period, on the expiration of that period.

(4) Where the Agency—

(a) refuses to appoint or renew the appointment of an inspector under this section, or

(b) revokes the appointment of an inspector under paragraph (a) of subsection (3),

the Agency shall notify the person in writing of the refusal or revocation together with the reasons for the refusal or revocation and the person may appeal the refusal or revocation in the prescribed manner.

(5) The Agency may, with the consent of the Minister, appoint one or more persons who, in the opinion of the Agency, have the relevant knowledge and experience in relation to domestic waste water treatment systems and the procedures in relation to carrying out an inspection to be an appeals officer for the purposes of this section (in this section referred to as an ‘appeals officer’).

(6) An appeals officer shall be independent in the performance of his or her functions under this section.

(7) An appeals officer shall consider an appeal under subsection (4) and shall, in accordance with prescribed procedures, allow or refuse the appeal.

(8) An inspector shall be furnished with a certificate of his or her appointment by the Agency.

(9) When exercising a power conferred on him or her by this Part, an inspector shall, if requested by a person affected, produce the certificate of his or her appointment or a copy of it and a form of personal identification to that person.

(10) A person who acts as an inspector for the purposes of this Part—

(a) without having been duly appointed under subsection (1),

(b) after his or her appointment has been revoked under paragraph (a) of subsection (3), or

commits an offence.

(11) The Minister may, following consultation with the Agency, make regulations for the purposes of this section and, without prejudice to the generality of the foregoing, regulations under this section may provide for—

(a) application procedures in relation to the appointment, and renewal of appointment, of inspectors,

(b) criteria for appointment of inspectors, including specification of the relevant:

(i) class or classes of professional or technical qualifications to be held by a person appointed as an inspector,

(ii) class or classes of training course which a person appointed as an inspector shall have satisfactorily completed, and

(iii) professional indemnity insurance to be held by a person appointed as an inspector,

(d) the fee payable to the Agency, which shall not exceed €1,000, which shall accompany an application for appointment or renewal of appointment as an inspector,

(e) the period for which an appointment as an inspector shall have effect,

(f) the circumstances in which the appointment of an inspector may be revoked,

(g) procedural matters in relation to the hearing and determination of appeals under subsection (4),

(h) any consequential or ancillary matters.]

70F. F72[ Register of inspectors.

70F.— (1) The Agency shall establish and maintain a register of inspectors for the purposes of this Part (in this section referred to as the ‘register of inspectors’).

(2) The register of inspectors shall be maintained in such form (including electronic form) as the Agency considers appropriate.

(3) The register of inspectors shall contain the name and contact details of each inspector and such other information as may be determined from time to time by the Agency.

(4) The register of inspectors shall be kept at the offices of the Agency, and shall be made available to each water services authority.]

70G. F73[ Powers of inspectors.

70G.— (1) For the purposes of carrying out an inspection under section 70H, an inspector may—

(a) enter and inspect any premises connected to a domestic waste water treatment system,

(b) inspect, examine or test the course or condition of a domestic waste water treatment system, including any fixture, fitting, appliance, plant, drain, service or process associated with the treatment system,

(c) monitor any domestic waste water which is contained in or discharged from a premises or domestic waste water treatment system,

(d) take samples of any substance or thing associated with or discharged to or from, a domestic waste water treatment system,

(e) take photographs,

(f) carry out surveys, take levels and measurements, make excavations, take samples and carry out examinations of the depth and nature of subsoil,

(g) require information regarding the maintenance, servicing or operation of a domestic waste water treatment system from an owner or occupier of the premises or any person employed on the premises or any other person present on the premises,

(h) require the production of, or inspect, records or other documents (including records or documents stored in non-legible form) relevant to the maintenance, servicing or operation of a domestic waste water treatment system, or take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,

(i) require that the premises or any part of the premises or anything in the premises shall be left undisturbed for such period of time as may be necessary for carrying out the inspection.

(2) An inspector shall not, other than with the consent of the occupier, enter into a private dwelling under this section.

(3) The Agency or a water services authority may authorise any other person as it considers appropriate to accompany an inspector in the performance of his or her functions.

(4) Any certificate or other evidence given, or to be given, by an inspector 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.

(5) Any person who, following notification of an inspection by a water services authority—

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

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

(c) gives either to an inspector, a relevant water services authority or the Agency, information which is to his or her knowledge false or misleading in a material respect, or

(d) fails or refuses to comply with any reasonable request or requirement of an inspector,

commits an offence. ]

70H. F74[ Inspection of domestic waste water treatment systems.

70H.— (1) (a) An inspector shall inspect such domestic waste water treatment systems as he or she is directed by the Agency, or a water services authority, to inspect.

(b) The Agency or a water services authority shall notify in writing the owner of a premises connected to a domestic waste water treatment system of a proposed inspection at least 10 working days before such inspection.

(2) When directing an inspector to carry out an inspection under subsection (1), the Agency or a water services authority shall have regard to the national inspection plan.

(3) Where, following an inspection under subsection (1), an inspector is of the opinion that—

(a) the owner of a premises connected to a domestic waste water treatment system has not contravened regulations made under section 70L, and

(b) the domestic waste water treatment system does not constitute, and is not likely to constitute, a risk to human health or the environment, and, in particular does not—

(i) create a risk to water, air or soil, or to plants and animals,

(ii) create a nuisance through noise or odours, or

(iii) adversely affect the countryside or places of special interest,

the inspector shall, within 21 days of the inspection, notify the owner of the premises to which the treatment system concerned is connected and the water services authority concerned.

(4) Where, following an inspection under subsection (1), an inspector is of the opinion that—

(a) the owner of a premises connected to a domestic waste water treatment system has contravened regulations made under section 70L, or

(b) the domestic waste water treatment system constitutes, or is likely to constitute, a risk to human health or the environment, and, in particular—

(i) creates a risk to water, air or soil, or to plants and animals,

(ii) creates a nuisance through noise or odours, or

(iii) adversely affects the countryside or places of special interest,

the inspector shall immediately notify the owner of the premises to which the treatment system concerned is connected and shall, within 21 days of the inspection, notify the water services authority concerned, in each case stating the reasons for his or her opinion.

(5) A water services authority notified by an inspector under subsection (4) shall, within 21 days of that notification, issue a notice (in this Part referred to as an ‘advisory notice’) to the owner of the premises to which the treatment system concerned is connected.

(6) An advisory notice shall—

(a) state that the water services authority is of the opinion that—

(i) the owner of the premises connected to the domestic waste water treatment system has contravened regulations made under section 70L, or

(ii) the domestic waste water treatment system constitutes, or is likely to constitute, a risk to human health or the environment, and, in particular—

(I) creates a risk to water, air or soil, or to plants and animals,

(II) creates a nuisance through noise or odours, or

(III) adversely affects the countryside or places of special interest,

(b) state the reasons for that opinion,

(c) direct the owner of the premises to remedy the matters specified in the advisory notice by a date specified in the notice, and the notice may specify measures to be taken to remedy any contravention or matter to which the notice relates,

(d) include information regarding the making of an application under subsection (7),

(e) be signed and dated by an officer of the water services authority, and

(f) include any other requirement that the water services authority considers appropriate.

(7)
(a) A person aggrieved by an advisory notice may, within 21 days of the date of such notice, apply to the water services authority concerned to have the domestic waste water treatment system inspected by an authorised person appointed by the water services authority.

(b) On receipt of an application under paragraph (a) in the prescribed form, accompanied by the prescribed fee, which shall not exceed €20, a water services authority shall arrange for an inspection of the domestic waste water treatment system by an authorised person appointed by the water services authority.

(c) An authorised person who carries out an inspection for the purposes of this subsection shall, within 10 days of the inspection by notice in writing to the person who made the application—

(i) confirm the advisory notice,

(ii) confirm the advisory notice subject to such modifications, alterations or additions as the authorised person considers appropriate, or

(iii) cancel the advisory notice.

(d) Where an advisory notice is confirmed under subparagraph (i) or (ii) of paragraph (c), the notice under paragraph (c) shall include information regarding the making of an appeal under subsection (9).

(e) Where an advisory notice is cancelled under paragraph (c) the water services authority concerned shall refund the application fee to the person who made the application.

(8) Where there is no application under subsection (7), the advisory notice shall take effect on the later of—

(a) the end of the period for making the application, or

(b) the day specified in the notice.

(9) A person aggrieved by an advisory notice confirmed under subparagraph (i) or (ii) of subsection (7)(c) may, within 14 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the domestic waste water treatment system the subject of the notice is situated, on the following grounds:

(a) that the appellant is not the person on whom the notice should have been served; or

(b) any substantive or procedural illegality.

(10) In determining an appeal under subsection (9) the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(11) A person who appeals under subsection (9) shall at the same time notify the relevant water services authority of the appeal and the grounds for the appeal and that water services authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(12) Where an appeal under subsection (9) is taken, and the advisory notice is not cancelled, the notice shall take effect on the later of—

(a) 21 days after the day on which the notice is confirmed or varied on appeal or the appeal is withdrawn, or

(b) the day specified in the notice.

(13) Where an application has been made under subsection (7) and the advisory notice has not been cancelled and there is no appeal under subsection (9), the advisory notice shall take effect on the later of—

(a) the end of the period for making an appeal, or

(b) the day specified in the notice.

(14) A water services authority may, where no application under subsection (7) or no appeal under subsection (9) is made or pending, extend the period specified under subsection (6)(c).

(15) A person on whom an advisory notice has been served, who is of the opinion that the matters specified in the advisory notice have been remedied, shall within 10 days of completion of the remedial works, confirm in writing to the water services authority concerned that the matters specified in the advisory notice have been remedied.

(16) A water services authority shall, for the purposes of satisfying itself that the matters specified in an advisory notice have been remedied, carry out such further inspections of the system the subject of the advisory notice concerned, as the water services authority considers appropriate.

(17) Where a water services authority is satisfied that the matters specified in the advisory notice have been remedied, the water services authority shall notify the person on whom the advisory notice was served of such compliance.

(18) A person who contravenes a requirement of an advisory notice commits an offence. ]

70I. F75[ Supervision of water services authorities.

70I.— (1) The Agency shall supervise a water services authority in the performance of such of its functions as the Agency considers appropriate.

(2) Where the Agency is of the opinion that a water services authority has failed to perform all or any of its functions, the Agency shall issue a direction to the water services authority concerned.

(3) The Agency may direct a water services authority to keep such records in relation to the performance of its functions and to submit to it, in such manner and at such times as the Agency may direct, such information as it may specify, and, in particular details in relation to—

(a) the registration of domestic waste water treatment systems within the functional area of the water services authority concerned,

(b) the inspection of domestic waste water treatment systems within the functional area of the water services authority concerned,

(c) advisory notices issued by the water services authority concerned, including details in relation to the confirmation, modification or cancellation of an advisory notice,

(d) notices of compliance made by the water services authority concerned under section 70H(17),

(e) appeals to the District Court under section 70H,

(f) prosecutions taken by the water services authority concerned under this Part, and

(g) such other matters as the Agency considers appropriate.

(4) The Agency shall keep and maintain or cause to be kept and maintained, such records of any supervision carried out under subsection (1) and such directions issued under subsection (2) as the Agency considers appropriate.

(5) A water services authority shall comply with a direction under this section.

(6) A water services authority that fails to comply with a direction under this section commits an offence.

(7) In this section, ‘functions’ means functions of a water services authority under this Part.]

70J. F76[ Directions to inspectors.

70J.— (1) The Agency may, from time to time, issue directions to inspectors with regard to—

(a) the manner in which an inspection under section 70H is to be carried out,

(b) the period or periods to be specified in an advisory notice during which remedial works are to be carried out,

(c) the manner, including by electronic means, in which an inspector is to notify a water services authority in relation to an inspection,

(d) the details in respect of an inspection which are to be notified by an inspector to a water services authority, and

(e) any other matters the Agency considers relevant for the purposes of this Part.

(2) An inspector shall comply with a direction issued under subsection (1).]

70K. F77[ National inspection plan.

70K.— F78[(1) The Agency shall, as soon as may be after the commencement of this section, but not later than 31 March 2013, make a national plan (in this Part referred to as ‘the national inspection plan’) with regard to the inspection and monitoring of domestic waste water treatment systems.]

(2) When making the national inspection plan, the Agency shall have regard to—

(a) relevant risks or potential risks to human health or the environment, and, in particular—

(i) risks to water, air or soil, or to plants and animals,

(ii) nuisances through noise or odours, and

(iii) risks to the countryside or places of special interest,

(b) relevant available information in relation to specific types and locations of domestic waste water treatment systems,

(d) any incidental or ancillary matters or such matters as may be prescribed by the Minister.

(3) The Agency shall from time to time as it thinks appropriate, and at least once in each period of 5 years after the date of making of the national inspection plan, review the plan and make such revisions thereto as it thinks fit and references in this Part to such a plan shall, unless the context otherwise requires, be construed as including references to such a plan as so revised.

(4) The Agency shall furnish a copy of the national inspection plan to the Minister, each water services authority and such other person as may be prescribed.

(5) It shall be a function of each water services authority to take necessary measures to implement or otherwise give effect to the national inspection plan, including arranging for inspections under section 70H to be carried out within its functional area, as provided for in the plan. ]

70L. F79[ Regulations.

70L.— (1) The Minister may, following consultation with the Agency, make regulations for the purposes of this Part, and without prejudice to the generality of the foregoing, the regulations may make provision for—

(a) maintenance plans for domestic waste water treatment systems,

(b) performance standards for domestic waste water treatment systems,

(c) standards and procedures to apply in relation to emptying a domestic waste water treatment system and the disposal of the waste water and sludge derived therefrom,

(d) such consequential or ancillary matters as the Minister considers appropriate.

(2) A person who contravenes a regulation made under this section commits an offence.]

70M. F80[ Offences and penalties.

70M.— (1) A person guilty of an offence under section 70B(12), 70C(2), 70E(10), 70G(5), 70H(18), or 70L(2) is liable, on summary conviction, to a class A fine.

(2) A water services authority guilty of an offence under section 70I(6) is liable on conviction on indictment, to a fine not exceeding €50,000. ]

PART 5 Meters

71. Interpretation (Part 5).

71.— (1) In this Part—

“water supply meter” means a mechanical, electronic or other device for measuring volume or rate of flow of water, together with any ancillary equipment for the purposes of data collection or transmission;

“waste water discharge meter” means an electronic or other device for measuring volume or rate of discharge of waste water, together with any ancillary equipment for the purposes of data collection or transmission;

“meter” may be construed as a water supply meter or a waste water discharge meter as appropriate;

“water services authority” includes—

(a) an authorised provider of water services, and

(b) a person providing water services jointly with or on behalf of—

(i) a water services authority, or

(ii) an authorised provider of water services.

72. Provision of meters.

72.— (1) Subject to any direction of the Minister under this Act—

(a) a water services authority may—

(i) supply water by measure,

(ii) meter or otherwise measure the volume of water supplied or the volume of waste water discharged,

(iii) subject to complying with other enactments in relation to charging for water services, charge a rent or otherwise recover from a consumer the costs incurred by it in respect of every meter or other instrument provided for measuring the water supplied to or the waste water discharged by that consumer,

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