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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State Partially repealed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

(iv) require any consumer of water supplied by it to take such supply through a specified water supply meter,

(v) require any consumer of waste water services provided by it to discharge their waste water via a specified waste water discharge meter,

and

(b) a water services authority shall—

(i) keep every meter whether let by it for hire to a consumer or supplied free of charge, in proper order for measuring the supply of water or discharge of waste water, and in default of so doing, such consumer shall not be liable to pay rent as long as the default continues, and

(ii) have access to and be at liberty at all reasonable times to install, read, remove, examine, repair, replace or reinstall such meter.

(2) An owner of a meter shall, subject to the requirements of—

(a) the Metrology Acts 1980 to 1998,

(b) any relevant instrument made under those Acts, and

ensure that the meter is the correct type and size required for the accurate measurement of consumption or discharge, that is foreseen or foreseeable. For that purpose account shall be taken in particular of the operating conditions for the meter, including flowrate range, temperature range and relative pressure range of the water or waste water to be metered.

(3) Where, following testing pursuant to the Metrology Acts 1980 to 1998 or any relevant instrument or regulations specified in subsection (2), it is determined that a meter has failed to record correctly the volume of water supplied, or of waste water discharged, then a water services authority may estimate usage on the basis of historical data, and any amount of charges which are found to be outstanding on the basis of such estimate may be recovered by the water services authority from the person to whom the water services were provided.

(4) Subject to subsection (2), the Minister may make regulations in relation to the provision of a meter.

(5) Without prejudice to the generality of subsection (4), regulations under that subsection may provide for all or any of the following matters:

(a) responsibility of the consumer for the safe custody of a meter, and any piping or ancillary fittings belonging to a water services authority;

(b) rental of meters;

(d) estimation of usage on the basis of historical data;

(e) any incidental or ancillary matters.

(6) A person commits an offence if he or she—

(a) fails to comply with a requirement under subsection (1)(a)(iv) or (v),

(b) contravenes subsection (2), or

73. Meter performance.

73.— (1) For the purpose of the measurement of water usage or waste water discharge determined by a meter, the register of that meter shall be prima facie evidence of the volume supplied or discharged, as the case may be.

(2) F81[…]

74. Interference with meters.

74.— (1) A person who—

(a) removes, damages or causes the removal or damage, or otherwise impairs, or causes impairment of the proper working of a meter,

(b) alters or causes to be altered fraudulently a meter,

(c) prevents or causes to be prevented from being duly registered the volume of water or waste water supplied or discharged through a meter, or

(d) fraudulently bypasses or causes or permits the bypass of a meter provided for the purposes of measuring the volume of water or waste water supplied or discharged,

commits an offence.

(2) If in proceedings for an offence under paragraph (b) or (c) of subsection (1) it is alleged that the defendant prevented such meter from correctly recording the volume of water supplied to, or waste water discharged from, a premises, and it is proved that, during the period such prevention is alleged to have occurred or immediately thereafter—

(a) an artificial means for causing such prevention was present on the said premises or in the precincts thereof, and

(b) the defendant was in occupation of the premises,

such proof shall be prima facie evidence, in those proceedings, of the allegation.

(3) A person who, without lawful excuse, manufactures, imports, sells, offers for sale, supplies or has in his or her possession any thing designed or adapted to prevent a meter from correctly recording the volume of water supplied to or waste water discharged from a premises, commits an offence.

(4)
(a) A consumer of water services who has reasonable grounds for believing that a meter to which this section applies is not duly registering a quantity of water being supplied to, or of waste water being discharged from, a premises by reason of the meter being unlawfully interfered with shall take all reasonable steps to ensure that such interference is discontinued.

(b) A person who fails to comply with paragraph (a) commits an offence.

(5) A water services authority may reinstate or repair any damage sustained to any of its property in the course of or arising from an offence under subsection (1) and recover any costs incurred from the person or persons guilty of the offence.

(6) Without prejudice to any other prosecution, or right to prosecute, where, in the opinion of a water services authority, there has been—

(a) an unauthorised taking of water supplies, or

(b) an unauthorised discharge of waste water to a waste water works, or

whereby a greater volume of water than registered by a meter is supplied to a person through that meter, or a greater volume of waste water than registered is discharged by a person through that meter, the water services authority may estimate the unrecorded or unauthorised use or discharge and recover or arrange for the recovery of the cost of it from that person.

(7) The Minister may make regulations for the purposes of subsection (6), setting out procedures and methodologies to be adopted to estimate the unrecorded or unauthorised use or discharge.

PART 6 Rural Water Services

Chapter 1 General administrative provisions

75. National Rural Water Services Committee.

75.—F82[…]

76. County rural water services committees.

76.— (1) The Minister may by regulations provide for the establishment by the relevant water services authority of a county rural water services committee in the functional area of such water services authorities as may be prescribed, and on such date and for such purpose as may be prescribed.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any or all of the following matters in relation to a county rural water services committee:

(a) composition, appointment and removal procedures and term of office;

(b) meetings and procedures;

(d) reporting arrangements;

(e) expenditure and finance; and

(f) any incidental and ancillary matters.

(3) The expenses of a county rural water services committee may be met by the water services authority under whose auspices it is established.

(4) A water services authority may direct a county rural water services committee established by it to undertake specific actions in accordance with the prescribed functions of the committee, and the committee shall be obliged to comply with such direction.

77. Rural water services strategic plans.

77.— (1) Notwithstanding section 36, a water services authority may, and if directed by the Minister shall, make or review rural water services strategic plans with regard to the provision of water services to all rural areas within its functional area.

(2) A plan under subsection (1) shall form an integral component of a water services strategic plan under section 36, and shall be reviewed from time to time in conjunction with a review of such latter plan.

(3) A rural water services strategic plan which has been made, or is in the process of being made, prior to the first occasion of the making of a water services strategic plan under section 36 shall be reviewed as necessary, and in any event shall be incorporated into the first such plan or plans which is or are made by a water services authority under this Act in respect of its functional area or any part of it.

(4) Any reference to a water services strategic plan in Part 2 may be read as a reference to a rural water services strategic plan for the purpose of such plan.

Chapter 2 Supervision of water services

78. Responsibility of water services authorities.

78.— (1) In this Chapter, licence includes, where the context requires, a revised licence.

(2) Each water services authority, for the purposes of the protection of human health and the environment, is responsible for the supervision, in its functional area, of water services provided by a person other than a water services authority.

79. Water services licences.

79.— (1) (a) On or after such date or dates as may be prescribed, a person shall not—

(i) provide water for human consumption from a tanker, or

(ii) otherwise provide water services,

except under and in accordance with a water services licence issued under this Chapter.

(b) Paragraph (a) does not apply to the provision of water in bottles or containers for human consumption, where such provision is in the ordinary course of business.

(c) In this subsection “person” means a person other than a water services authority or a person acting jointly with it or on its behalf under an agreement for that purpose.

(2) The Minister may by regulations provide that subsection (1) shall not apply to the provision of a certain class or classes of water services if and for so long as the person providing such services complies with specified provisions in relation to such provision.

(3) Without prejudice to the generality of subsection (2), regulations under that subsection may specify—

(a) (i) a threshold below which a water services licence will not be required, either based on numbers of people to which water services are provided or a volumetric equivalent, subject to such exceptions as may be specified,

(ii) criteria for determining a level of service equivalent to a specified number of people,

(iii) measures to preclude the separation of water services operations into linked series of smaller schemes for the purposes of evading licence control,

(iv) requirements in relation to notification and registration, monitoring and inspection, drinking water quality and waste water quality standards, water conservation, and provision of information, including the provision of such information and guidance necessary for the purposes of the protection of human health and the environment, in relation to water services to which these regulations apply,

(v) requirements in relation to the treatment, re-use or disposal of by-products arising from the treatment of water and waste water, or

(vi) incidental and ancillary matters,

(b) that a system of notification or registration established under paragraph (a)(iv) shall constitute an agreement for the purposes of section 31(13).

(4) The provision of water services shall, in the period before a licence required under this Chapter is granted or refused, be deemed not to have contravened subsection (1), if—

(a) before the date prescribed under subsection (1) or within one month of a notice under section 80(2) taking effect, as the case may be, an application has been made for a water services licence in accordance with the requirements of this Chapter or regulations thereunder,

(b) an appeal under section 80(3) is being processed, or

(c) on determination by a District Court in accordance with section 80 that a nominated person should apply for a water services licence, an application is made for a licence to the relevant water services authority within 14 days of the date of such determination.

(5) A person who contravenes—

(a) subsection (1), or

(b) a regulation made under subsection (3)(a)(iii), (iv) or (v),

commits an offence.

(6) For the purposes of subsection (1), a person who enters into an agreement, including a legal agreement, with another person for the provision of water services jointly with him or her or on his or her behalf, shall, notwithstanding the agreement, continue to be the person to whom the obligation under that subsection applies in respect of the water services which are the subject of the agreement.

80. Determination of an activity as a licensable water services activity.

80.— (1) A water services authority may, on or after such date as may be prescribed, determine that a particular activity constitutes the provision of water services to another person for which a water services licence is required under section 79.

(2) If an application for a water services licence has not been received in respect of an activity for which a determination has been made by a water services authority under subsection (1), the water services authority may, by notice, require that person who it considers to be providing the said water services to apply for such licence, and that person shall apply for a licence within one month of the notice taking effect.

(3) The person to whom a notice under subsection (2) is addressed may, within 21 days from the date of issue of the notice, appeal to the District Court against the requirement to apply for a water services licence, on the grounds that he or she is not providing such water services to another person or that the activity to which the notice refers does not constitute the provision of water services for which a water services licence is required under section 79.

(4) On the hearing of an appeal under this section the District Court may confirm or annul the requirement to apply for a water services licence.

(5) A notice under this section shall take effect—

(a) in case no appeal is taken, or an appeal is taken and is withdrawn within one month from the service of the notice, on the expiration of one month from the service of the notice,

(b) in case an appeal is taken and is not so withdrawn, within 1 month of the appeal subsequently being withdrawn or determined, but only if the determination by the District Court does not annul the requirement to apply for a water services licence.

(6) A person who fails to comply with a notice under subsection (2) commits an offence.

81. Grant of a water services licence.

81.— (1) On an application being made to it, a water services authority may grant a water services licence, subject to, or without, conditions or refuse to grant such a licence.

(2) In considering an application for a water services licence, a water services authority shall—

(a) carry out or cause to be carried out such investigations as it deems necessary or as may otherwise be prescribed, and

(b) have regard to—

(i) any submissions duly made within the prescribed notification period for making submissions,

(ii) any relevant water services strategic plan or plans, or rural water services strategic plan or plans for the area or areas in which the service is to be provided,

(iii) the resources of the applicant in terms of financial, operational and management capacity to ensure the effective and efficient provision of water services in accordance with prescribed standards,

(iv) in the case of an application to which section 82(2) applies, the views of other water services authorities in whose functional area the service is to be provided,

(v) the availability of alternative water services for the area to which the licence application refers, and any proposals by the water services authority or any other person in this regard which might reasonably act as such an alternative,

(vi) any request by a provider of water services to have the scheme taken in charge by the water services authority,

(vii) any related licence under section 63 in relation to the discharge of trade effluent, or a licence under section 4 of the Act of 1977 in relation to the discharge of trade effluent or sewage to any waters,

(viii) any water supply standards or waste water treatment standards prescribed,

(ix) such other matters related to the prevention of risk to human health or the environment as it considers necessary, or

(x) such other matters as may be prescribed or the Minister may direct in relation to the grant of a water services licence.

82. Water services authority to be licensing authority.

82.— (1) Subject to subsection (2), for the purpose of this Chapter the licensing authority shall be the water services authority in whose functional area the water services are being or intended to be provided.

(2) Where the water services that are the subject of a licence application are provided within the functional areas of two or more water services authorities, the water services authorities may, or shall if the Minister requires them to do so, decide that one of them shall perform the functions of a licensing authority with respect to the application and any subsequent water services licence and the nominated authority shall have such functions in regard to such licence as if it related solely to its functional area in the first instance.

(3) A water services licence under this Chapter shall, without prejudice to the rights, including right of ownership or use, of any person in relation to water in any source, be deemed to be an agreement for the purposes of section 31(13).

83. Conditions attached to a water services licence.

83.— (1) A water services licence may provide as respects any condition attaching to it that the condition shall be complied with before or after any activity to which the licence relates has been commenced.

(2) Conditions attaching to a water services licence shall include—

(a) measures to ensure against risk to human health or the environment,

(b) water supply standards or waste water treatment standards, as appropriate,

(d) monitoring and supervision,

(e) sampling and analysis, or

(f) such other matters as may be prescribed or the Minister may direct in relation to the grant of a water services licence.

(3) Conditions attaching to a water services licence may include—

(a) the scale of the activity,

(b) specification of individual households, areas or activities to which the water services which are the subject of the licence shall be provided,

(d) procurement procedures,

(e) measures to ensure public safety,

(f) emergency plans in the event of any incident,

(g) evidence of employers and public liability insurance,

(h) conservation measures,

(i) measures to prevent source contamination,

(j) requirements in relation to metering, in accordance with any guidance or direction given by the Minister,

(k) requirements in relation to the treatment, re-use or disposal of by-products arising from the treatment of water or waste water,

(l) the latest date by which a condition is to be complied with,

(m) such provisions as are necessary to facilitate the application of relevant obligations imposed under this Act or any other enactment,

(n) requirements in relation to the preparation and publication of the accounts and annual report of the licensee,

(o) any other matters as may be prescribed in relation to a water services licence, or

(p) incidental and ancillary matters.

(4) The Minister may make regulations requiring a water services authority to attach a condition to a water services licence requiring compliance with any specified standard or procedure, or direction under this Act, or to take account of any other specified matter.

(5) A water services authority may recover costs due to it under this Chapter in relation to licensing from the relevant applicant or licence holder as the case may be.

84. Review of a water services licence.

84.— (1) A water services authority may review a water services licence—

(a) at the request of a licence holder,

(b) where it considers that the activity which is the subject of the licence is causing, or is likely to cause, a risk to human health or the environment,

(d) where there has been a material change in the financial, operational or management capacity of the licence holder,

(e) where information which was not available when the licence was granted, and which would materially have affected the decision of the water services authority on the licence, becomes available,

(f) on receipt of an objection from any person to a refusal or failure by the holder of a licence to provide adequate water services to that person,

(g) where in the opinion of the water services authority provision of water services has been unsatisfactory or unreasonably refused by the holder of a licence, or

(h) where amended standards applying to the licensed service are prescribed or are made by any other enactment or any regulations are made by the Council, Commission or the Parliament of the European Community.

(2) Without prejudice to subsection (1), a water services authority shall review a water services licence at a time not exceeding 5 years from when it was granted.

(3) As soon as may be after it has completed a review of a water services licence under this Chapter, a water services authority may grant the holder thereof a water services licence, the terms and conditions of which are, in such respects as the water services authority considers appropriate, different from those of the first-mentioned licence, and the revised water services licence shall have effect in lieu of the first-mentioned licence.

85. Revocation of a water services licence.

85.— A water services authority may revoke a water services licence in all or any of the following circumstances:

(a) non-compliance with its conditions;

(b) on request from the licence holder;

(d) where the operation or management of a waterworks or waste water works to which the licence refers is taken over on a temporary basis in accordance with section 91; or

(e) where a waterworks or waste water works to which the licence refers is taken in charge or acquired in accordance with Part 7.

86. Decision by a water services authority in relation to licences or licence applications.

86.— (1) A water services authority, before making a decision in relation to the grant, review, transfer or revocation of a water services licence, shall as appropriate consider any submissions made to it under and in accordance with regulations made under section 88.

(2) Where a water services authority decides—

(a) to grant, transfer, amend, add or delete any conditions that it has attached to, a water services licence,

(b) to refuse to grant or transfer such a licence, or

it shall notify the applicant or its holder and any person who made a valid submission referred to in subsection (1), as the case may be, of the decision and the reasons for the decision.

87. Appeals in relation to sections 81, 83, 84 and 85 .

87.— (1) The applicant for, or the holder of, a water services licence under section 81, may, within one month of the date of a notification under section 86 appeal to the District Court any one or more of the following actions by a water services authority:

(a) refusal of an application for the grant of the licence;

(b) the attachment of conditions or additional conditions to the licence;

(d) the transfer of or refusal to transfer the licence; or

(e) the revocation of the licence.

(2) On the hearing of an appeal under subsection (1), the District Court may make an order giving such directions to the water services authority concerned as the Court thinks proper in relation to the actions of the water services authority referred to in subsection (1).

(3) The grant of a licence, or any act of a water services authority referred to in subsection (1), shall have effect—

(a) in case an appeal is not made under subsection (1), on the expiration of the period referred to in that subsection,

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

(c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal or on the expiration of the period referred to in subsection (1), whichever is the later.

(4) Subject to the outcome of any appeal which may be made under this section, and without prejudice to the powers of a water services authority to bring separate proceedings in respect of the contravention of a provision of this Chapter, a water services authority may apply to the District Court for an order to close down any water service which is being provided without, or in contravention of, a water services licence granted under this Chapter.

88. Regulations for the purposes of this Chapter.

88.— (1) The Minister may make regulations in relation to licensing procedures in respect of water services generally.

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

(a) the form in which the application for a water services licence shall be made, and the form of a water services licence;

(b) information and particulars to be submitted by an applicant for the grant of or review of a water services licence, and verification of such information and particulars;

(c) specifying the period within which an application for the grant or review of a water services licence shall be dealt with by a water services authority;

(d) additional matters in respect of which a water services authority shall be satisfied before granting a water services licence;

(e) specifying additional conditions that a water services authority may attach to a water services licence;

(f) specifying additional grounds for the review or revocation of a water services licence;

(g) making available for inspection by members of the public of an application for the grant, transfer, amalgamation or review of a water services licence, or a proposed water services licence, and the making of submissions by members of the public to a water services authority, within a specified period in relation to such application or proposed licence;

(h) the publication or notification by a water services authority of decisions made by it in relation to water services licences;

(i) requiring an applicant to defray, or contribute towards, any costs incurred by a water services authority in processing an application, including carrying out any investigation necessary in relation to the application or in relation to monitoring or supervision;

(j) transfer of a water services licence to another person;

(k) amalgamation of licences; or

(l) any matters consequential on, or ancillary to, any of the foregoing.

89. Contravention of a condition of a water services licence.

89.— A contravention of any condition of a water services licence by any person employed by, or acting on behalf of or jointly with, the holder of that licence shall be deemed also to be a contravention of the condition by the holder of the licence.

90.— Where a water services authority grants a water services licence under this Chapter—

(a) it shall take into account any relevant licence granted under section 4 of the Act of 1977, and

(b) any licence granted under section 63 shall lapse, in so far as it relates to the activity in respect of which a licence under this Chapter is granted.

91. Take-over of the operation or management of a waterworks or waste water works on a temporary basis.

91.— (1) Subject to subsection (4), a water services authority may by order take over the operation or management of a waterworks or waste water works on a temporary basis (with or without the consent of the owner or trustees of the owner or other persons entitled to sell it) where—

(a) in the opinion of the water services authority—

(i) the waterworks or waste water works is being operated or managed in such manner as to cause, or be likely to cause, a risk to human health or the environment,

(ii) the relevant licence holder under section 81 has persistently failed to comply with the conditions of a water services licence, or

(iii) the resources of the licence holder under section 81, in terms of financial, operational or management capacity, or access to the same, are not sufficient to ensure the effective or efficient provision of water services in accordance with prescribed standards,

(b) a water services licence for the scheme has been refused or revoked.

(2) Where a water services authority has taken over the management and operation of a waterworks or waste water works in accordance with subsection (1)—

(a) the water services authority may take such action as it considers necessary, in accordance with its powers under this Act, to provide water services through the waterworks or waste water works on behalf of the owner or trustees,

(b) the water services authority shall not be liable for existing debts and liabilities in relation to the waterworks or waste water works, but may at its discretion discharge such debts or liabilities, in whole or in part.

(3) A water services authority may recover all or part of its costs under this section from the owner or trustees of the owner of the waterworks or waste water works.

(4) A temporary take-over by a water services authority of the operation or management of a waterworks or waste water works under subsection (1) shall be reviewed by the water services authority at intervals not exceeding 12 months.

(5) If, in the opinion of the water services authority, arising from a review under subsection (4), the relevant water services provider—

(a) is capable of resuming the operation or management of the waterworks or waste water works, the take-over under subsection (1) shall cease as and from a date to be notified by the water services authority,

(b) is not capable of resuming the operation or management of the waterworks or waste water works, the water services authority may—

(i) by order extend the temporary take-over of the operation or management of the waterworks or waste water works under subsection (1) for a further period not exceeding 12 months,

(ii) take into public charge or acquire the waterworks or waste water works in accordance with section 95,

(iii) acquire the waterworks or waste water works by compulsory purchase order in accordance with its powers under this Act, or

(iv) provide alternative water services to the users of the water services being provided via the waterworks or waste water works.

(6) A water services licence issued to a water services provider under section 81 in respect of any relevant undertaking, or any relevant licence under section 63 or under section 4 or 16 of the Act of 1977, will lapse for the duration of the take-over of the management or operation of the undertaking.

92. Through connection to services, etc.

92.— (1) In this section “connection” includes, where the context permits, a drain, sewer, distribution system, water main, service connection or any other pipe or related fittings, including manholes, which is or are connected to, or to be connected, to water services, whether directly or indirectly.

(2)
(a) In this subsection—

“facilitate” means do, or refrain from doing, as the case may be, such things as are directed in, or which arise from a direction in, a notice under this subsection to enable the water services or drainage of storm water which are the subject of the notice to be provided or put in place;

“premises” includes waterworks or waste water works.

(b) Without prejudice to section 31(19), a water services authority may by notice direct that a person who owns or has control over or uses all or part of—

(i) a connection, or proposed connection, to water services provided by the authority, an authorised provider of water services or any person acting jointly with or on behalf of the authority or authorised provider of water services, or

(ii) a drain that is used, or is capable of being used, for the drainage of storm water to storage facilities or waters,

shall facilitate the provision of specified water services to a specified person or premises, or part of a premises, or the drainage of storm water from a specified premises or part of a premises to storage facilities or to waters through that connection or drain and in accordance with the notice, and that person shall comply with the notice.

(c) Where a notice under paragraph (b) indicates the position of any pipe or related accessories, such position shall be deemed to include any minor modification that is not of any material consequence and which may be carried out in the course of installation.

(3) F83[…]

(4) Without prejudice to the generality of subsection (2), a notice under that subsection may also include, as appropriate, directions in relation to—

(a) actions to be taken or works to be carried out under the notice,

(b) the proposed route of any new pipe and location of any related accessories specified in the notice,

(c) the location of the junction between the connection or pipe referred to in the notice and the pipe through which water services will subsequently be provided to the person or premises,

(d) standards of workmanship or work practices generally in relation to works carried out under the notice,

(e) technical specifications for any materials or fittings provided for in the notice, and

(f) the latest date for compliance with the notice,

and the notice may include annexed to it such maps or drawings as the water services authority considers appropriate for illustrative purposes, and may specify the person by or on behalf of whom works in accordance with the notice shall be carried out.

(5) A person shall not be regarded as a water services provider for the purposes of this Act solely because of his or her compliance with a notice under subsection (2).

(6) Subsection (2) may not be exercised so as to interfere unreasonably with—

(a) the capacity of the person, to whom a notice is directed, to carry on a business which is connected to the water services, or drained to the storm water storage facilities or waters referred to in the notice, or

(b) in the case of another water services provider, the capacity of that person adequately to provide water services.

(7)
(a) A person to whom a notice under subsection (2) is directed shall be entitled to be paid the following costs and compensation, as the case may be, arising from his or her compliance with that notice:

(i) to the extent that he or she has reasonably incurred or will incur them, the cost of works necessary to effect compliance with the notice, or expenses related directly to such compliance;

(ii) compensation determined in accordance with paragraph (b);

(iii) any additional costs, expressed in current prices, already incurred by the person to whom the notice is addressed for the purpose of installing in the first instance a pipe of larger capacity than necessary to meet technical requirements, including minimum technical requirements of a local authority, but only to the extent that the excess capacity will be reduced by the additional connection which is the subject of the notice;

and in determining the amount of compensation payable, regard shall also be had to any grant or subsidy that has been paid or provided in respect of all or any part of the connection.

(b) (i) Where, on a claim made to a water services authority, it is shown that, as a result of any action pursuant to this section in—

(I) placing, renewing or removing any pipe for the purposes of this section, or

(II) affixing any notice,

the value of an interest of any person in the connection or drain referred to in subsection (2) or in any adjacent land existing at the time of the action of the water services authority is reduced, or that any person having an interest in such connection, drain or land at that time has suffered damage by being disturbed in his or her enjoyment or use of it arising from compliance with the notice, then that person shall be entitled to claim compensation in the amount of the reduction in value or the amount of the damage, and such a claim shall be determined as if it were a claim for compensation under section 199 of the Act of 2000.

(ii) The provisions of Chapter 1 of Part XII of the Act of 2000 shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if—

(I) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section,

(II) references to section 199 were references to this subsection,

(III) the reference to section 182 was a reference to this section,

and subject to any other necessary modifications.

(c) Subject to paragraph (d), the costs and compensation referred to in paragraph (a) shall be met in full by any person for whom a connection to water services or the drainage of storm water to storage facilities or waters is facilitated by the issue of the notice.

(d) A water services authority which issues a notice under subsection (2) may, at its sole discretion, contribute towards related costs and compensation referred to in paragraph (a), to such extent, if any, as it considers appropriate, and may carry out such related works as it considers appropriate.

(8)
(a) Where a notice under subsection (2) is directed at a person who owns or controls all or part of a relevant connection or drain, or proposed connection or drain, that person may, within 28 days of the date of the notice, appeal to the High Court in relation to the notice.

(b) Where a notice under subsection (2) is directed at a user of all or part of a relevant connection or drain, that person, and in addition any person who claims to be the owner or to have control over the connection or drain and who satisfies the Court in relation to proof of such ownership or control, may within 28 days of the date of the notice appeal to the High Court in relation to the notice.

(9) On hearing an appeal under subsection (8), the High Court may, by order, as it thinks proper—

(a) confirm the notice, with or without variation, or

(b) set the notice aside.

(10) The determination by the High Court of an appeal under subsection (8) shall be final, and no appeal shall lie from the decision of the Court to the Supreme Court save with the leave of the High Court, which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance, and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. If such an appeal is taken the Supreme Court shall have jurisdiction to determine only the point of law certified by the High Court.

(11) Subsection (10) does not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(12)
(a) The High Court shall, in determining an appeal under subsection (8) act as expeditiously as possible consistent with the administration of justice.

(b) The Supreme Court shall, in determining an appeal from a determination of the High Court under subsection (9), act as expeditiously as possible consistent with the administration of justice.

(13) The notice under subsection (2) shall be enforceable in accordance with this Act—

(a) in case an appeal is not brought against it, upon the expiration of the period referred to in subsection (8),

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

(c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal, or the expiration of the period referred to in subsection (8), whichever is the later,

and the water services authority which issued the notice, or an authorised person acting on its behalf, or such other person specified in the notice or his or her servant or agent, may enter any relevant land and carry out all necessary works for the purposes of enforcing the notice.

(14) Responsibility for the maintenance, repair or renewal of any pipes and accessories connecting the junction referred to in subsection (4) (c) and the premises for which the provision of water services is facilitated by the notice under subsection (2) shall remain with the owner of that premises, until such time as the water services authority which issued the notice, at its discretion, takes them into its charge.

(15)
(a) Subject to paragraph (b), any dispute between a person to whom a notice under subsection (2) is addressed and the water services authority which issued it in relation to the calculation of costs or compensation for the purposes of subsection (7) may be referred by either party to an agreed arbitrator, as if such referral was in accordance with an arbitration agreement under the Arbitration Acts 1954 to 1998.

(b) In the absence of agreement on choice of an arbitrator for the purposes of paragraph (a), the President of the High Court may, on the application of either party, appoint an arbitrator.

(c) Any decision of an arbitrator appointed under paragraph (a) or (b) made at proceedings held in accordance with the Arbitration Acts 1954 to 1998 as to the calculation of costs or compensation shall be binding and enforceable in accordance with those Acts.

(16)
(a) Where on application by a water services authority to the Circuit Court the Court is satisfied that a person has failed to comply with or is obstructing or preventing compliance with a requirement of a notice under this section, whether or not that person has an interest in any pipe or land referred to in the notice, then the Court may by order—

(i) direct that person to comply with the requirement or cease obstructing or preventing compliance with the requirement, and

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

(b) An application under this subsection to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the connection or drain, or any part of it, which is the subject of the application is located, or to be located as the case may be.

(c) An application to the Circuit Court for an order under this subsection shall be by motion, and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.

(d) Rules of court may provide for an order under this subsection to be made against a person whose identity is unknown.

(17)
(a) The Minister may make regulations for the purposes of this section.

(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may provide for 1 or more of the following:

(i) the format of a notice under subsection (2);

(ii) procedures for service of a notice under this section;

(iii) inclusion of such additional details in a notice under subsection (2) as required to clarify the actions which are necessary to effect compliance with the notice;

(iv) procedures for calculation of excess capacity under subsection (7)(a)(iii);

(v) procedures or related time limits for referral of a dispute to arbitration under subsection (15);

(vi) related or ancillary matters to any of the foregoing.

PART 7 Acquisition Provisions

93. Power to acquire land, etc.

93.— (1) Subject to sections 95 and 96, a water services authority may acquire land for the purpose of performing any of its functions under this Act, and section 182 and Part XIV of the Act of 2000 shall apply to a water services authority as it applies to a local authority.

(2) For the purposes of subsection (1), “acquisition of land” under the Act of 2000 shall include any—

(a) dam, weir or construction which interferes with the proper drainage or supply of water F86[…], or the provision of water services by that water services authority,

(b) water, or right of access to water, or right to take or convey water,

(d) waste water works or part of a waste water works, or related accessories or right of access to them.

(3) A water services authority may do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of its functions under this section.

94. Extension of acquisition powers.

94.— The powers of a water services authority under section 93 or 97 shall also apply to any such acquisition or any such laying of pipes or related infrastructure, fixtures or fittings for the purpose of facilitating the provision of water services by—

(a) any authorised provider of water services, or

(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.

95. Taking in charge or acquisition by agreement of waterworks or waste water works by a water services authority.

95.— (1) A water services authority may by agreement take into public charge or acquire all or part of a waterworks or waste water works, or any rights connected to it, F88[…] where not fewer than two thirds of those persons entitled to dispose of it agree to such transfer.

(2)
(a) Where a water services authority proposes to take into public charge all or part of the distribution network of a waterworks or the collection network of a waste water works, together with the accessories of the network concerned (in this section referred to as the “pipe network and accessories”) F88[…], and it cannot after reasonable enquiry establish the identity of those persons entitled to agree to such transfer, then the water services authority shall publish in one or more newspapers circulating in the area served by the waterworks or waste water works, and serve on the owner of every premises which appears to it to be connected to the pipe network and accessories in question, a notice which—

(i) describes the pipe network and accessories in question, including a description of the area it serves,

(ii) states the intention of the water services authority to take the pipe network and accessories into its charge,

(iii) names the place where a map of the pipe network and accessories in question is deposited and the times during which it may be inspected, and

(iv) specifies the manner and period within which (not being less than one month from the date of the notice) any person, claiming entitlement to agree to or disagree with such transfer, may register such a claim with the water services authority.

(b) Where no entitlement to agree to or disagree with the transfer referred to in paragraph (a) is claimed, or no claim to such entitlement is substantiated, then the water services authority shall hold a plebiscite to ascertain the wishes of the owners of the premises concerned in relation to the taking in charge of the pipe network and accessories by the water services authority.

(c) Where a simple majority of owners who vote in the plebiscite referred to in paragraph (b) indicate their agreement to the water services authority taking in charge the related pipe network and accessories, then the water services authority may by order declare such pipe network and accessories to be in its charge.

(d) Where a simple majority of the owners who vote in the plebiscite referred to in paragraph (b) indicate that they do not wish the water services authority to take in charge the related pipe network and accessories, then the water services authority may by order declare the pipe network and accessories to be a connection for the purposes of section 43.

(e) Where a claim of entitlement to agree to or disagree with the transfer referred to in paragraph (a) is substantiated and a consequential direction to the claimant under section 80 to apply for a licence under section 79 is annulled by the District Court, then the water services authority may declare the pipe network and accessories to be a connection for the purposes of section 43.

(3) F88[…]

(4) The Minister may make regulations in relation to the procedures and notification requirements necessary for the purposes of this section.

96. Compulsory acquisition of waterworks or waste water works by a water services authority.

96.— Where a compulsory acquisition by way of compulsory purchase order is made in respect of a waterworks or waste water works, or part thereof, a duly appointed arbitrator shall, to the extent that it can reasonably be ascertained, in determining the amount of compensation payable, have regard to any grant or subsidy that has been paid or provided in respect of all or any part of the waterworks or waste water works.

PART 8 Miscellaneous

Chapter 1 Miscellaneous provisions concerning provision of water services

97.— (1) (a) Where in the opinion of a water services authority it is considered necessary for the purpose of any of its functions to—

(i) place, construct, lay or connect, as may be appropriate, water mains, sewers, service connections or any ancillary fixtures or fittings or related cables or wires on, into, through, under or over any land not forming part of a public road,

(ii) attach to or erect on a premises any bracket or other fixture required for the carrying or support of those water mains, sewers or service connections or any ancillary apparatus or related cables or wires, or

(iii) affix to or erect on any premises a notice referred to in subsection (2),

then it may, after giving 28 days notice of its intention to the owner and the occupier of that land or premises, as the case may be, indicating the position of the proposed installations referred to in subparagraph (i), and with the consent of the said owner and occupier, place, construct, lay or connect water mains, sewers, service connections or any ancillary fixtures or fittings or related cables or wires, or attach to the premises such bracket, or notice referred to in subsection (2), or other fixture as indicated in the notice given under this subsection, and may, from time to time, inspect, repair, alter, renew or remove any of them.

(b) In paragraph (a) “position” includes any minor modification that is not of any material consequence which may be carried out in the course of installation.

(2) A water services authority may erect and maintain notices indicating the position of water mains, sewers, service connections or any ancillary fixtures or fittings or related cables or wires referred to in subsection (1).

(3) Where a person to whom a notice under subsection (1) is addressed has not, within 28 days of the giving of such notice, indicated his or her consent, that person’s consent shall be deemed to have been withheld.

(4)
(a) Where a person to whom a notice under subsection (1) is addressed has withheld his or her consent, or where his or her consent is deemed to be withheld under subsection (3), then, the water services authority which issued the notice may appeal to the Circuit Court.

(b) The Circuit Court in considering an appeal under this section may, by order—

(i) confirm the notice, with or without variation, or

(ii) set the notice aside,

but shall not determine any matter to which subsection (8) refers.

(5) Where the Circuit Court confirms, with or without variation, a notice under subsection (1), consent shall be treated as having been given for the purposes of subsection (1), with effect from the date of such confirmation.

(6) F89[…]

(7)
(a) A consent under this section may be registered, in the appropriate manner taking account of requirements to facilitate access from time to time for inspection, repair, alteration, renewal or removal of infrastructure to which the consent relates, by the relevant water services authority, in either the Land Registry or in the Registry of Deeds, as may be appropriate.

(b) The full cost of registering a consent under this subsection shall be borne by the water services authority which issued the related notice under subsection (1).

(8)
(a) If, on a claim made to a water services authority, it is shown that, as a result of the action of the authority pursuant to this section in—

(i) placing, renewing or removing any water mains, sewers, service connections or any ancillary fixtures or fittings or related cables or wires, referred to in subsection (1),

(ii) attaching any bracket or fixture, or

(iii) affixing any notice,

the value of an interest of any person in the land or structure existing at the time of the action of the water services authority is reduced, or that any person having an interest in the land or structure at that time has suffered damage by being disturbed in his or her enjoyment or use of the land or structure affected by the action of the water services authority, that person shall be entitled to claim compensation in the amount of the reduction in value or the amount of the damage, and such a claim shall be determined as if it were a claim for compensation under section 199 of the Act of 2000.

(b) The provisions of Chapter 1 of Part XII of the Act of 2000 shall in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if—

(i) references to a planning authority were references to a water services authority,

(ii) references to section 199 were references to this subsection,

(iii) the reference to section 182 was a reference to this section,

and subject to any other necessary modifications.

(9) An authorised person may enter on land for any purpose connected with this section and that entry shall be subject to the relevant provisions of section 252 of the Act of 2000 as if—

(a) it were an entry made under that section, and

(b) any reference in the said section to appropriate authority or local authority was a reference to a water services authority.

98. Alteration of sewers and pipelines by other persons.

98.— (1) Subject to subsection (2), any person authorised (however expressed) by any Act or instrument made under an Act to—

(a) navigate or use any river, canal, dock, harbour or river-basin, or

(b) charge a toll for such use,

may take up, divert or alter the level of any pipe which is—

(i) constructed by or vested in a water services authority or 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

(ii) passing under or interfering with such river, canal, dock, harbour or river-basin or any towing path thereof,

and, subject to complying with any statutory or contractual requirement and the giving of any due notice to any person concerned, the person so authorised may do all such things as may be necessary for carrying into effect such taking up, diversion or alteration.

(2) Any work carried out by a person pursuant to subsection (1) shall be at his or her own expense, and shall be subject to his or her substituting other equally effective pipes.

(3) Any person intending to carry out work under subsection (1) shall consult with the persons referred to in that subsection and the water services authority F92[…] before commencing the work, and shall agree with those persons and the water services authority as to what constitutes an “equally effective” substitution for the purposes of subsection (2) in that instance.

(4) Unresolved matters arising from consultations under subsection (3) may, at the sole discretion of the person intending to carry out the work, be referred to an agreed arbitrator or an arbitrator appointed by the President of the High Court, and any decision of that arbitrator taken at proceedings held in accordance with the Arbitration Acts 1954 to 1998 as to what constitutes “equally effective” for the purposes of subsection (2) in that instance shall be binding.

99. Policy directions by Minister.

99.— F93[…]

100. Emergency Orders.

100.— (1) The Minister may, for the purposes of preventing risk to public health and safety or the environment, make an order suspending or amending for a stated period any obligation placed by this Act on a water services authority or other person specified in the order.

(2) An order under this section may contain such consequential provisions arising from the suspension or amendment of the obligation under this Act as the Minister considers necessary.

(3) Where an order is proposed to be made under subsection (1), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

101. Non-application of certain statutes.

101.— A provision in any statute or Act, other than an Act of the Oireachtas, which remains in operation after enactment of this Act shall no longer have any force of law where it—

(a) conflicts with, or could conflict with,

(b) provides for a purpose or purposes the same as or similar to any purpose or purposes of, or

the performance of a function under this Act or with any regulations, standards, codes of practice, guidelines, requests or directions made or issued under this Act.

102. Enabling power.

102.— F94[…]

103. Determination by the Board of fees for certain appeals.

103.— (1) Subject to the approval of the Minister, the Board may determine fees in relation to appeals to it under section 66, and under section 8 of the Act of 1977, as amended, and requests for oral hearings, and may provide for the payment of different fees in relation to different classes or descriptions of appeals, for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances.

(2) The Board shall review the fees determined under subsection (1) from time to time, but at least every 3 years, having regard to any change in the consumer price index since the determination of the fees for the time being in force, and may amend the fees to reflect the results of that review, without the necessity of the Minister's approval under subsection (1).

(3) For the purposes of this section, “change in the consumer price index” means the difference between the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of determination under this section and the said number last published before the date of review under subsection (2), expressed as a percentage of the last-mentioned number.

(4) Where the Board determines or amends fees in accordance with this section, it shall give notice of the fees in at least one newspaper circulating in the State, not less than 8 weeks before the fees come into effect.

(5) Fees determined in accordance with regulations under the Act of 1977, as amended, shall continue to be payable to the Board in accordance with those regulations until such time as the Board determines fees in accordance with this section.

(6) Where a fee is payable to the Board in respect of an appeal to it or a request for an oral hearing of an appeal under section 66, or under section 8 of the Act of 1977, as amended, the Board shall not entertain or consider the said appeal or request until the fee is received by the Board, and where a period is prescribed for the making of such an appeal, unless the fee is received by the Board before the expiration of that period.

104. Building over pipes.

104.— (1) A person shall not, except with the consent of a relevant water services authority and following an application for the purposes of this section to that authority, erect or commence to erect, or cause to be so erected, any structure—

(a) over, or

(b) so close to as to cause a risk to, or interfere with, the structural integrity of or access to,

a sewer, drain, water main, distribution system, service connection or related accessories which are owned, controlled or used by another person.

(2) The obligation in subsection (1) shall apply notwithstanding any provision in any other enactment in relation to control of development, building standards or practices, or any related exemptions.

(3) A relevant water services authority may grant a consent under subsection (1) where it is satisfied that—

(a) adequate access to the pipes and related accessories affected will remain available for maintenance or renewal purposes,

(b) human health and the environment are adequately protected, and

(c) the structural integrity of the pipes and related accessories affected, and access to water services through them, will not be adversely affected,

and it may include in a consent such conditions as it considers necessary for these purposes.

(4) Where a structure to which this section applies is commenced or erected without a consent under subsection (1), or in contravention of such a consent, a relevant water services authority may by notice to the person who erected or commenced to erect the structure or caused it to be erected, or to any other person who for the time being owns the structure, direct that remedial action be taken within a specified period, including—

(a) provision of such alternative sewers, drains, water mains, distribution systems, service connections or accessories as it may specify,

(b) re-routing around the structure of such pipes as may be affected,

(d) demolition or alteration of the structure, or

(e) incidental and related requirements.

(5) A relevant water services authority shall have a right of action for relief by way of injunction or declaration from the High Court against any person, to restrain any non-compliance, or direct any compliance with a requirement of a notice issued by the authority under subsection (4), and the Court may grant such order as it sees fit, in such manner as to achieve the purposes set out in subsection (3), including an order requiring provision of alternative pipes or related access, re-routing of pipes, or removal or alteration of a related structure within a specified period.

(6) It shall be a defence to a prosecution for a contravention of subsection (1), that all reasonable inquiry was made to ascertain the existence of any relevant pipe or related accessory before a structure to which this section refers was erected, or commenced to be erected, over it.

(7) Without prejudice to subsection (5), and whether or not a prosecution has been taken under this section, where a person on whom a notice is served under subsection (4) fails to carry out the required remedial action within the period specified in that notice or to complete any works specified in an injunction of the High Court under subsection (5), the water services authority which issued the notice, or a person authorised on its behalf, may enter the relevant land, carry out the remedial action or complete the specified works, and recover the cost from the person who fails to comply with the notice or injunction.

(8) A water services authority may charge a fee to an applicant for a consent under this section in respect of the estimated cost of processing the application, including the cost of related investigation and inspection costs, and such fee shall be recoverable from the person making the application.

(9) A water services authority may recover any costs incurred by it in connection with the exercise of its functions under subsection (4) from the person to whom the notice under that subsection is addressed.

(10) F95[…]

(11) Regulations under section 18 may provide for—

(a) the form of an application for a consent under subsection (1),

(b) the information to be provided with any such application,

(i) consideration of such an application, and

(ii) notification of a decision on such an application.

(12) A person who contravenes subsection (1) or who fails to comply with a notice under subsection (4) commits an offence.

105. Power to make and fix charges for non-domestic water services.

105.—F96[…]

106. Regulations for the purpose of section 105.

106.— F97[…]

Chapter 2 Miscellaneous amendments

107. Amendment of Act of 1992.

107.— The Act of 1992 is amended—

(a) by substituting the following for section 58:

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