(5)Without prejudice to the generality of subsection (4), conditions attaching to any consent may include— (a) the periods during which and times at which works shall be or shall not be carried out, (b) the period within which works shall be completed, (c) the manner in which works shall be completed, (d) requirements and standards in relation to the temporary or permanent reinstatement of a public road following the carrying out of works, (e) requirements in relation to giving security, including refundable deposits, as the case may be, for the satisfactory reinstatement of a public road following the carrying out of works, (f) requirements in relation to the co-ordination of work with other work being undertaken or proposed by other persons, (g) requirements in relation to the control of traffic in the vicinity of works, (h) requirements in relation to the supervision and inspection of works by the road authority, (i) requirements in relation to the carrying out of additional works, (j) requirements in relation to the provision of information to the public as to the extent or nature of the works or the period within which they shall be completed, and (k) any other measures considered necessary by the road authority for the protection of human health or the environment, and to facilitate sustainable development.
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(6)The Minister may, with the consent of the Minister for Transport, make regulations for the purposes of this section.
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(7)Without prejudice to the generality of subsection (6), regulations under this section may include provision for— (a) procedures for the administration of the consent process, including in relation to refusal or withdrawal of a consent, (b) charges for administration of the consent process, (c) matters to be taken into consideration by a road authority for the purposes of the consent process, (d) conditions attaching to a consent, (e) waiving or substitution of consent procedures in an emergency for the purposes of protecting human health and the environment, (f) requirements and standards in relation to the reinstatement of roads, (g) notification and public consultation requirements, or (h) procedures when consent is refused or withdrawn, or an applicant for consent wishes to make representations in relation to conditions attaching to a consent.
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(8)Regulations under this section may make different provisions for applications for consent for different classes of roads.
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(9)A requirement to hold a licence under section 254 of the Act of 2000 in respect of works on, under, over or along a public road shall not apply to a person who has obtained the consent of a road authority under this section, in respect of the works to which the consent relates.
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(10)A road 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 this section, and the Court may grant such order as it sees fit.
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(11)For the purposes of this Act, where a person (other than a road authority) claims an interest in or under any road— (a) it shall be for the person concerned to prove such interest, and (b) the value of such interest shall be taken to be nil unless it is shown to be otherwise by the person.
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(12)Section 182 of the Act of 2000 shall apply to a water services authority for the purposes of this Act, and any references to a local authority in the said section or in Part XIV or related Parts of the Act of 2000 shall be deemed to be a reference to a water services authority for the purposes of this Act.
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(13)A water services authority may, by agreement with the water services authority of any adjoining area, cause its pipes to connect with the pipes of that authority in such manner and on such terms and subject to such conditions as may be agreed between the water services authorities.
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(14)A water services authority may exercise its powers under this section either within or without its functional area, but where they are exercised in the functional area of another water services authority, the prior agreement of that authority must be obtained.
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Requirement to connect to waterworks or waste water works.
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42.— (1) Where— (a) a water services authority has provided, arranged for the provision of or taken in charge a waste water works, and (b) in the opinion of the authority, any premises in the functional area of the authority— (i) is not drained in a satisfactory manner, or (ii) constitutes, or is likely to constitute, a risk to human health or the environment, and (iii) is capable of being served by means of a service connection of a reasonable length to the waste water works, the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waste water works.
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(2)Where— (a) a water services authority has provided, arranged for the provision of or taken in charge a waterworks, and (b) in the opinion of the authority, any premises in the functional area of the authority is— (i) not provided with a satisfactory supply of water, and (ii) capable of being served by means of a service connection of a reasonable length to the waterworks, the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waterworks.
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(3)A notice under this section shall specify separately any portion of the works required thereby which is to be executed under subsection (11) of this section by the water services authority, or under its supervision.
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(4)(a) Subsection (1) and (2) shall also apply where a water services authority has authorised or entered into an agreement with another person, or where an authorised provider of water services has entered into such an agreement for the provision of the waterworks or waste water works in question, provided that the agreement of that person to the additional connection is, unless otherwise provided for in any aforementioned agreement, also obtained by the water services authority. (b) Where paragraph (a) applies, the water services authority may also require the owner of the premises concerned to take a supply of water through a meter or other instrument provided for measuring the supply of water to that premises or to discharge water through a waste water discharge meter in accordance with
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Part 5
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.
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(5)The person on whom a notice under this section has been served may, within one month from the date of the service of the notice on him or her, appeal against the terms of notice to the District Court and a decision from the District Court under this subsection shall be final, save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law.
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(6)Notice of appeal under this section shall be given to the water services authority, and that authority shall be entitled to appear and be heard on the hearing of the appeal.
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(7)On the hearing of an appeal under this section the District Court may— (a) confirm the notice unconditionally, (b) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or (c) annul the notice.
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(8)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, when the appeal is withdrawn or determined.
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(9)(a) Subject to the provisions of this subsection, where a notice under this section has been served on the person who was, when the notice was served on him or her, the owner of the premises to which the notice relates and within the period specified in the notice, or within such extended period as the water services authority may allow, the works required by the notice have not been begun or, if begun, have not been completed, that person commits an offence. (b) If a person against whom proceedings are brought under this subsection has at some time before the end of the said period specified in the notice for compliance therewith (or of such extended period as the water services authority may allow for such compliance) ceased to be the owner of the premises, he or she shall, upon complaint duly made by him or her and on giving to the prosecution not less than 3 clear days’ notice of his or her intention, be entitled to have the person who then became the owner of the premises brought before the Court in the proceedings. (c) If, after it has been proved that the works required by the notice have not been begun or completed as aforesaid, the original defendant proves that the failure was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he or she took all reasonable steps to secure compliance with the notice, he or she shall be acquitted of the offence. (d) In paragraph (a) and (c) of this subsection, the reference to the works required by the notice shall, in a case in which the relevant notice specifies separately any portion of the works required thereby which is to be executed under subsection (11) by the water services authority, be construed as referring to so much of the works required by that notice as is not so specified. (e) For the purposes of this subsection, a person who, apart from this paragraph, would be the owner of a premises by reason of receiving rent shall, if he or she receives the rent as agent for another person, be regarded as not being such owner.
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(10)If, on a complaint made by the owner of any premises, it appears to the District Court that a person having an interest in the premises, other than the owner of the premises, prevents the owner from executing works required to be executed by a notice under this section, the Court may order the person to permit the execution of those works.
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(11)(a) Where a notice under this section requires the execution of works which include the installation of a pipe passing through land of which the owner is not the owner of the premises to which the notice relates, the water services authority which served the notice shall itself install, or arrange for the installation of, so much of the pipe as lies within that land and may recover the costs involved from the person to whom the notice is addressed. (b) For the purpose of installing a pipe under this subsection or subsection (12), a water services authority shall have the powers and duties specified in section 41 and, where appropriate,
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Part 7
\n
or 8 , and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under those provisions.
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(12)Without prejudice to section 92 , where works to facilitate drainage of a premises in accordance with a notice under section 92
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(2), or to connect a premises to a waterworks or waste water works require the installation of a pipe passing through another premises which is not owned by or under the control of the owner of the premises to be drained or connected, a water services authority may, on request of the owner of the premises to be drained or connected, itself install or connect, or arrange for the installation or connection of, so much of the pipe or related accessories as lie within that premises, and may recover the costs involved from the owner of the premises to be drained or connected.
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(13)Responsibility for the subsequent maintenance and renewal of any pipe installed under the powers provided in subsection (11) or (12) shall lie in the first instance with the person on whose behalf the work is carried out, and his or her successors in title, but a water services authority may, at its absolute discretion, take any such pipe in charge in accordance with section 43
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(12).
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Connections.
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43.— (1) In this section— “ connection ” means a drain, a distribution system or a service connection and includes part of such drain, distribution system or service connection; “ public road ” and “ road authority ” have the same meanings respectively as in section 41 .
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(2)A water services authority may, at its absolute discretion, subject to such conditions as it may decide, provide, repair or replace, or contribute to the cost of providing, repairing or replacing a connection.
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(3)Subject to subsection (4), a person who owns or controls a connection, or in whom it is vested, or who has taken it in charge, shall be responsible for its maintenance and renewal, and shall ensure that it is kept in good order and repair, so as to— (a) prevent a risk to human health or the environment, (b) facilitate the reasonable conservation of water and the proper and effective management of water services, and (c) prevent the infiltration or exfiltration of water or waste water.
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(4)Where a person cannot be identified for the purposes of subsection (3), responsibility under that subsection shall lie with the owner or owners of any premises using the connection, in direct proportion to the level of use of the connection to supply water to or convey waste water from the premises or respective premises, as the case may be.
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(5)A water services authority may enter any relevant land and carry out all necessary investigations or works for the purposes of providing, ascertaining the condition of or taking in charge, a connection, or for the purposes of subsection (6).
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(6)If, in the opinion of a water services authority, a connection is so defective, foul or neglected as to present a risk to human health, the environment, the reasonable conservation of water or the proper and effective management of water services, or, to permit the infiltration or exfiltration of water or waste water, the water services authority may, at its absolute discretion— (a) direct by notice the person or persons responsible for its maintenance or renewal to carry out such works as it considers necessary, or (b) carry out in the first instance, or in the event of failure to comply with a notice under paragraph (a), such works as it considers necessary, and recover the cost of such works from the person or persons responsible for maintenance or renewal of the connection.
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(7)If a connection is found on investigation not to be so defective, foul or neglected as to present a risk to human health, the environment, the reasonable conservation of water or the proper and effective management of water services, or, to permit the infiltration or exfiltration of water or waste water, the water services authority which carried out the investigation shall cause such connection to be restored and any opening or excavation made in the course of the investigation to be closed or filled up and any damage done to be made good.
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(8)Where— (a) a person wishes to install a connection, or (b) a person responsible for the maintenance or renewal of a connection wishes, or has been directed under subsection (6)(a), either by himself or herself or by arrangement with a third party to undertake maintenance or renewal works on a connection, which runs, or is intended to run through, across, under, over or along any public road or place intended for a public road, then he or she may do so, subject to the consent of the road authority in whose functional area the road is situated.
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(9)A road authority may attach conditions to the granting of any consent under subsection (8) as if the person concerned was a person to whom section 41
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(3)applies, which shall be binding on that person or his or her agents as the case may be.
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(10)For the purposes of providing any pipe under this section a water services authority shall have the powers mentioned in section 41 .
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(11)The Minister may make regulations in relation to notices under subsection (6)(a), and without prejudice to the generality of such regulations, they may include provisions in relation to— (a) the action to be carried out under a notice, (b) the time limit by which action directed to be carried out under a notice must be completed, (c) the quality of materials and workmanship to be employed in any remedial action under a notice, (d) powers of entry and investigation by authorised persons, and (e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with, or enforcement of, a notice.
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(12)A water services authority may, at its discretion and subject to such conditions as it may decide, take in charge a connection, which shall thereafter come under the sole control and responsibility of the water services authority.
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(13)(a) Without prejudice to section 180 of the Act of 2000, where a water services authority proposes to take in charge a connection under subsection (12), then it shall by notice inform any person who owns or controls the connection, of its intention to take it in charge, and where the identity of that person cannot be ascertained by reasonable enquiry, a notice for the purposes of this subsection may issue in accordance with section 19
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(5). (b) Where, for the purposes of paragraph (a), the identity of the person or persons who owns or controls a connection cannot be ascertained after reasonable enquiry, then the water services authority shall also by notice inform any person who is responsible, in accordance with subsection (4), for the maintenance or renewal of that connection, and notwithstanding section 19 such notice may be issued by publication in a newspaper circulating in the area where the connection is located.
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(14)A notice under subsection (13) may be appealed in accordance with section 92
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(8)by the person to whom it is addressed as if it was a notice issued under section 92
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(2), and shall be enforceable as if it was issued under that section.
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(15)A person to whom a notice under subsection (13) is addressed shall, unless he or she waives that right, be entitled to reimbursement, from the water services authority which issued the notice, for the costs of the materials and labour expended by him or her in providing the connection, together with any additional compensation arising from a reduction in the value of his or her interest in the connection concerned.
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(16)Where a dispute arises between a person to whom a notice under subsection (13) is addressed and the water services authority which issued it, then the matter may be referred by either of them to arbitration as if it was a referral for arbitration under section 92
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(15)but only to the extent that it relates to reimbursement or compensation under subsection (15) of this section.
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(17)A person who— (a) damages a connection, or (b) fails to comply with a notice under subsection (6)(a), commits an offence.
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Repairs to service connections.
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44.— (1) Where any premises in the functional area of a water services authority is connected to a water supply or sewer which is either the property of 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, by means of a service connection passing through land, the owner of which is not the owner of the premises, the water services authority of that area may— (a) on the request of the owner of the premises, carry out on such land, any necessary repair or renewal of such service connection, (b) after 7 days’ notice in writing to the owner of such land or in case of emergency without notice enter on such land and do all things reasonably necessary for the purpose of the repair or renewal.
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(2)Any expenses incurred by a water services authority under this section at the request of the owner of a premises may be recovered from that person by the authority.
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Damage to pipes.
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45.— A person who causes any damage to a water main, distribution system, sewer, drain, service connection or their accessories used for the purpose of providing water services belonging to or in the charge of a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, commits an offence.
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Obligations under other enactments.
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46.— No provision in this Act shall be construed as relieving a water services authority of any obligation under another enactment, including enactments brought into operation after the commencement of this section, to consult with or obtain the agreement of another public authority with an interest in any premises affected before undertaking works in relation to any of its functions under this Act.
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Monitoring and inspection.
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47.— (1) Each water services authority, the Minister or other person prescribed shall— (a) carry out, or cause to be carried out, such monitoring or inspection of water services operations as it, he or she considers to be necessary for the performance of their functions under this Act, and (b) keep and maintain or cause to be kept and maintained, such records of any monitoring or inspections carried out under paragraph (a) as it, he or she considers reasonable and necessary.
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(2)Where it appears necessary to do so for any purpose of this Act, a water services authority, the Minister or other person prescribed may require any person who is in control of a water service— (a) to carry out or arrange to have carried out such monitoring, at such frequency (including continuous monitoring by electronic means or otherwise) in relation to the activity concerned as it, he or she may specify, (b) to keep and to supply to the water services authority, the Minister or other person prescribed such records of said monitoring or inspection as it, he or she may specify, or (c) to provide meters, gauges, manholes or inspection chambers or any other apparatus for the purposes of this section.
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(3)Each water services authority or other person prescribed shall, if so requested by the Minister, supply to the Minister or to any person specified by the Minister, at such intervals and in such manner as the Minister may require, records of any monitoring or inspection carried out under this section that are in its, his or her possession or control.
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(4)Each water services authority, the Minister or other prescribed person, shall carry out or take or cause to be carried out or taken such monitoring or other measures as it, he or she considers necessary to verify that any monitoring, or records of such monitoring, required under subsection (2) are being properly carried out or retained, as the case may be.
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(5)Without prejudice to any other provision of this Act, the Minister may make regulations requiring the making of payments by any person for the purpose of defraying costs which may be incurred by a water services authority, the Minister or other prescribed person in carrying out any monitoring or inspection or taking other measures under this section in relation to the activities of that person.
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(6)A payment which is required under regulations under this section, shall be payable on demand by the person concerned.
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Consultation.
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48.— The Minister may, having consulted with any Minister of the Government that he or she considers ought to be consulted having regard to their functions, make regulations requiring water services authorities or other persons prescribed, to consult with such other persons and in such manner in relation to the exercise of such powers and duties under this Act as may be prescribed.
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Map of works.
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49.— (1) A water services authority shall provide a record, in the form of a map or other diagrammatic or electronic representation, of the location and extent of service connections, waterworks and waste water works in its functional area, whether they are the property of the water services authority or the property of any other person, who shall provide the information necessary for this purpose, and for the purpose of subsection (2), to the water services authority.
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(2)A water services authority shall, within 6 weeks of a service connection, waterworks or waste water works in its functional area being provided, altered or added to, bring the record provided under subsection(1) up to date.
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(3)The record provided under subsection (1) shall be available for inspection at the principal office of the water services authority during normal business hours.
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(4)The Minister may make regulations specifying the details to be recorded in records to be kept under subsection (1).
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(5)For the purposes of subsection (1) or (2), a water services authority may by notice require a person who owns or is otherwise in charge of a service connection, waterworks or waste water works to which this section refers to keep such records or to provide to it such particulars as it may specify in relation to that service connection, waterworks or waste water works, within such time as may be specified in the notice.
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(6)A person who contravenes the requirement under subsection (1) to provide information to a water services authority, or who fails to comply with a notice under subsection (5), commits an offence.
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Agreement to take over proposed waterworks or waste water works.
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50.— (1) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , a water services authority, subject to any conditions of a related planning permission under the Act of 2000, may enter into an agreement.
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(2)Subject to subsection (3), the agreement referred to in subsection (1) is an agreement with any person proposing to construct any waterworks or waste water works, or any part of a waterworks or waste water works, in its functional area for the purpose of that waterworks or waste water works, or part of it being constructed by that person in accordance with the agreement.
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(3)The agreement referred to in subsection (1) shall be entered into with a view to the water services authority, upon its completion and at a specified date, declaring by order the waterworks or waste water works, or such part of the waterworks or waste water works covered by the agreement, to be vested in the water services authority.
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Temporary interruption to water services.
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51.— (1) In this section “ an authority ” means a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.
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(2)An authority may temporarily interrupt service from a waterworks or a waste water works— (a) for the purposes of executing any necessary works, (b) in an emergency, including where an immediate risk to human health or the environment exists, or (c) in such other circumstances as may be prescribed.
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(3)An interruption of service under this Act, other than an interruption of service made in circumstances provided for in subsection (2)(b), shall only be effected after the user or users concerned have been given reasonable notice.
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(4)In the case of an interruption of service made under subsection (2) an authority shall, subject to any agreement in force under section 32
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(1)(k)— (a) ensure the restoration of the service as soon as possible, and (b) arrange for the provision to the user or users concerned of an appropriate alternative supply of drinking water for domestic purposes where the service interruption exceeds 24 hours.
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(5)Notwithstanding section 19 , a notice under subsection (3) shall be deemed to have been served on all users concerned if it is— (a) advertised in a newspaper circulating in the area in which an interruption of service is scheduled to take place, (b) broadcast on a radio or television channel generally available in the area in which an interruption of service is scheduled to take place, or (c) advertised in such other manner as the Minister may direct.
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(6)The Minister may issue guidance in relation to what constitutes an appropriate alternative supply for the purposes of subsection (4)(b), and the exercise of its powers under this section by an authority shall be subject to any such guidance.
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Recovery of sums due.
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52.— (1) Where a sum is due to a County Council or a City Council, acting as a water services authority, the water services authority, or any other person acting jointly with it or on its behalf, may recover the sum, and any expenses incurred in its recovery by the water services authority, or any other person acting jointly with it or on its behalf, as a simple contract debt in a court of competent jurisdiction.
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(2)Where the sum referred to in subsection (1) is recoverable from the owner of a premises by a County Council or City Council acting as a water services authority any outstanding amount of the sum and any expenses incurred by the water services authority, or any other person acting jointly with it or on its behalf, in its recovery may be made a charge on the premises.
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(3)A County Council or a City Council acting as a water services authority to whom money is due under this Act may as an alternative to recovering the sum as a contract debt or making a charge on a premises offset the sum due against any grant or other payment due by the County Council or City Council in any capacity to the person concerned.
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(4)The Minister may make regulations for the administrative procedures to be followed for the purposes of this section.
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(5)Without prejudice to the generality of subsection (4), regulations under this section may include provision for— (a) the issue of notices, (b) notice periods, or (c) any matter consequential on, or incidental to, the foregoing.
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(6)The Minister may prescribe another person to which the power under subsection (1), (2) or (3) to recover costs shall apply in relation to the recovery of sums due to them.
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PART 3
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Water Supply Misuse of water supplies.
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53.— (1) A person who— (a) makes or causes or permits a connection to be made to a water supply provided by a water services authority, otherwise than with the agreement of the relevant water services authority and in compliance with any conditions attaching to that agreement, or (b) dishonestly uses, or causes to be diverted for dishonest use, or permits the dishonest use of any water supplied by a water services authority, or (c) wilfully wastes or permits wastage of any water supplied by a water services authority to a material extent, commits an offence.
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(2)For the purposes of subsection (1) an act is done by a person dishonestly if the person does the act without claim of legal right.
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(3)In this section “water services authority” includes also 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.
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General duties of an owner.
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54.— (1) The owner of a premises shall ensure that the internal distribution system of the premises is sufficient for, and maintained in such condition, as to ensure that water intended for human consumption meets prescribed quality requirements at the tap or taps used for such purposes.
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(2)The owner of a premises shall ensure that the distribution system of the premises, and all taps connected to it are maintained in such condition as to ensure that water does not leak from the distribution system or any taps connected to it, and shall be responsible for its repair and renewal, save in the circumstances provided for in subsection (4).
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(3)A water services authority may, and shall on request from 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 in relation to a matter affecting a waterworks under his or her control, by notice direct the owner of a premises to undertake such remedial action as may be specified in the notice, for the purpose of his or her compliance with subsection (1) or (2).
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(4)A water services authority may— (a) in lieu of issuing a notice under subsection (3), or (b) in the event of failure by a person to whom a notice has been served under subsection (3), to comply with that notice, execute such works as it considers necessary in the first instance, for the purpose of facilitating compliance with subsection (1) or (2), and may recover the costs of such works, or the costs of any investigations or enforcement undertaken by it for the purposes of this section, from the owner of a relevant premises.
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(5)The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, such regulations may include provisions in relation to— (a) the action to be carried out under a notice under subsection (3), (b) the time limit by which action directed to be carried out under a notice must be completed, (c) the quality of materials and workmanship to be employed in any remedial action under a notice issued under subsection (3), (d) powers of entry and investigation by authorised persons, (e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with subsection (1) or (2) or enforcement of a notice issued under subsection (3), (f) work standards and specifications for materials and fittings to be used in connection with work to which this section applies, or (g) any incidental and ancillary matters.
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(6)A person who— (a) contravenes subsection (1) or (2), (b) fails to comply with a notice under subsection (3), or (c) contravenes a regulation made under this section, commits an offence.
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Connection to a water supply.
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55.— (1) (a) A person who— (i) causes or permits the connection of a premises to a water supply of a water services provider, either directly or indirectly, or (ii) otherwise takes such a supply, without the agreement of the water services provider, commits an offence. (b) For the purposes of paragraph (a), and without prejudice to subsection (5), the agreement of a water services authority under this subsection may be made the subject of such conditions as the water services authority may specify. (c) In considering whether to agree to a connection under this section, a water services authority shall be entitled to take into account the matters referred to in paragraph 1 of the Fourth Schedule to the Act of 2000 in so far as they may apply to the provision of water supplies by it or another person acting jointly with it or on its behalf.
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(2)It is a defence to a prosecution for an offence committed under subsection (1) to prove that the connection was made in accordance with a direction under section 92 .
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(3)Without prejudice to subsection (5), where a notice under section 42
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(2)takes effect in relation to any premises, agreement to a subsequent connection to a related waterworks shall be deemed to have been given for the purposes of compliance with subsection (1).
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(4)Without prejudice to subsection (5), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waterworks for the purposes of this section, subject to such conditions as the water services authority may require, consistent with its functions under this section.
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(5)(a) As a condition to the agreement of a water services authority to the connection of a premises to water supplies 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, in 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 waterworks, 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 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 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.
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(6)A connection to water services referred to in subsection (5) 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.
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(7)For the purposes of subsection (6), and subject to any regulations under subsection (9), 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 appears 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).
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(8)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 (5) which is made in contravention of subsection (6) or a direction under subsection (7), 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.
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(9)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 (c) any incidental and related matters.
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(10)A water services authority may recover any expenses 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.
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(11)A person who— (a) makes a connection referred to in subsection (5) in contravention of subsection (6) or a direction under subsection (7), or (b) contravenes a regulation under subsection (9), commits an offence.
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Conservation of water.
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56.— (1) For the purposes of conserving water, where an authorised person has reason to believe that the management, consumption or other use of water on a premises allows water to be wasted or fails to prevent water from being wasted or consumed in excessive amounts, he or she may by notice direct the owner or occupier of the premises to take such corrective action (including installation, repair or replacement of specified pipes, valves or meters and other accessories, or change in operating practice in relation to the management or use of water) as the authorised person considers necessary.
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(2)An authorised person may by notice direct the owner or occupier of a premises to limit consumption of water supplied by a water services authority to the premises to such rate or quantity as may be specified in the notice.
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(3)Where an authorised person is of the opinion that an immediate risk to human health or the environment or to the integrity of a water service necessitates a reduction in consumption of water supplied, he or she may issue a notice (in this section referred to as an “emergency notice”), having immediate effect, directing the owner or occupier of a premises to limit consumption of water supplied by a water services authority to the premises to such rate or quantity as may be specified in the notice.
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(4)A person who fails to comply with a notice under subsection (1), (2) or (3) commits an offence.
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(5)A notice under subsection (1) or (2) or an emergency notice under subsection (3) may issue to such owners or occupiers of a premises, such classes of owners or occupiers of such classes of premises as the case may be, as the authorised person considers necessary for the purposes of this section.
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(6)An emergency notice under subsection (3) may, notwithstanding section 19 , also be issued by— (a) advertisement in a newspaper circulating in the area concerned, (b) broadcast on a radio or television channel generally available in the area, or (c) such other means as the Minister may direct.
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(7)A person to whom a notice under subsection (1) or (2) applies may, within one month from the date of the notice, appeal to the District Court in relation to the notice, or any condition of the notice.
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(8)On the hearing of any appeal under subsection (7), the District Court may make an order upholding the notice or giving such directions to the water services authority concerned as the Court thinks proper in relation to the notice, including its amendment or withdrawal.
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(9)A notice under subsection (1) or (2) shall become enforceable— (a) in case an objection is not made against it, upon the expiration of one month from the date of the notice, (b) in case an appeal is brought against it and the determination of the appeal does not set the notice aside, upon and in accordance with such determination, or (c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal or on expiration of one month from the date of the notice, whichever is the later.
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(10)An emergency notice under subsection (3) shall become enforceable on the date for compliance specified in the notice.
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(11)(a) Where there is a failure to comply with a notice under subsection (1) or (2) or an emergency notice under subsection (3) the authorised person who issued such a notice may, on the issue of a further notice to the owner or occupier of a premises, restrict or cut off the supply of water to some or all of the premises referred to in the notice until he or she is satisfied that the notice under subsection (1) or (2) or the emergency notice under subsection (3) has been complied with. (b) Paragraph (a) applies— (i) in addition to and not in substitution for other penalties or provisions applying to non-compliance with a notice under subsection (1) or (2) or an emergency notice under subsection (3), (ii) without prejudice to any other of the functions of the authorised person, and (iii) at the discretion of the authorised person.
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(12)Liability shall not accrue to a water services authority arising from any consequence of the restriction or cutting off of a supply of water in accordance with subsection (11).
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(13)The Minister may make regulations for any of the following purposes, namely: (a) the form and method of serving of a notice or emergency notice; (b) the duration of a notice or emergency notice; (c) review of an emergency notice; (d) the action to be carried out under a notice or emergency notice; (e) the time limit by which action directed to be carried out under a notice or emergency notice must be completed; (f) the minimum period of notice and other procedures to be followed before a water supply is restricted or cut off; (g) the quality of materials and workmanship to be employed in any remedial action under a notice; (h) the prevention of waste, undue consumption, misuse or contamination of water; or (i) such incidental provisions as are necessary to ensure the effective application of this section.
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(14)The Minister may make regulations for the purposes of water conservation and, without prejudice to the generality of the foregoing, such regulations may provide for 1 or more of the following: (a) the specification of devices or systems to reduce demand for water in premises, and of obligations in relation to the design, installation or use of such devices or systems; (b) the specification of obligations or technical requirements in relation to— (i) the design, installation and use of devices or systems for collection, treatment or distribution of storm water or grey water, (ii) the introduction of storm water or grey water into the distribution system of premises, (iii) the redistribution of storm water or grey water for use for purposes other than human consumption; (c) the specification of treatment standards for storm water or grey water, including different standards for different applications; (d) the duties of owners or occupiers of premises in relation to conservation of water or waste water in the premises; (e) the duties of water services providers in relation to conservation of water or waste water.
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(15)(a) A person who contravenes a regulation under subsection (13) which is stated to be a penal regulation commits an offence. (b) A person who contravenes a regulation under subsection (14) commits an offence.
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(16)Where a water services authority is of the opinion that a serious deficiency of water available for distribution exists or is likely to exist in all or part of its functional area, either by itself or by another provider of water services, then it may by order, for a specified period, prohibit or restrict such class or classes of use, including use at specified times of the day, of any water supplied by it or the other provider of water services. Without prejudice to the generality of the foregoing, an order under this subsection may so prohibit or restrict the use of water— (a) drawn through a hosepipe or similar apparatus for the purpose of— (i) watering a garden, (ii) watering recreational parks or sports grounds, either generally or any particular type of such park or ground, (iii) irrigating or spraying crops, either generally or any particular type of crop, or (iv) washing a mechanically propelled vehicle or a trailer, (b) used for the provision of a commercial washing service for a vehicle or trailer, or (c) used for filling or replenishing a swimming pool, artificial pond, lake or similar application.
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(17)Before making an order under subsection (16) the relevant water services authority shall give public notice of its intention to make such order and the period for which the order will remain in force by— (a) causing an advertisement to be published in a newspaper circulating in the area, (b) causing notification of the proposed order to be broadcast on a radio or television channel available in the area, or (c) such other means as the Minister may direct.
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(18)A person who contravenes an order under subsection (16) commits an offence.
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(19)An authorised person or a member of the Garda Síochána who has reasonable grounds for believing that a person is committing or has committed an offence under subsection (18), may request that person to furnish his or her name and address to such authorised person or member.
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(20)A person who, when requested to furnish his or her name or address to an authorised person or member of the Garda Síochána under subsection (19), fails to do so, or when so requested furnishes a name and address which is false or misleading commits an offence.
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(21)Where a member of the Garda Síochána is of the opinion that an offence under subsection (20) is being or has been committed, then the member may arrest that person without warrant.
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(22)Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under subsection (18), he or she may give to such person a notice in the prescribed form stating that— (a) the person is alleged to have committed the offence, (b) the person may during the period of 21 days beginning on the date of the notice make to the water services authority specified in the notice a payment, accompanied by the notice, of an amount, being a fixed amount of €125, and (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.
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(23)Where a notice is given under subsection (22), then— (a) a person to whom the notice applies may, during the period specified in the notice, make to the water services authority specified in the notice the payment specified in the notice, accompanied by the notice, (b) the water services authority shall receive the payment and issue a receipt for it and may retain the money so paid to offset costs incurred by it in the course of performing its functions under this Act, and no payment so received shall in any circumstances be recoverable by the person who made it, and (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.
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(24)In a prosecution of an offence referred to in subsection (18), the onus of showing that a payment pursuant to a notice under subsection (22) has been made shall lie with the accused.
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(25)In this section— “ grey water ” means domestic waste water excluding that which is flushed from a toilet bowl or urinal; “ water services authority ”, other than in subsections (16), (17) and (23), 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.
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Pollution of water.
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57.— A person who causes or permits water in any waterworks or service connection to become polluted commits an offence.
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Taking samples of water.
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58.— (1) A water services authority may, for the purposes of analysis, take samples from— (a) any water supply, whether public or private, serving any part of its functional area, and (b) a water supply referred to in section 32
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(10).
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(2)Where, on analysis of samples of water taken by a water services authority, it is found that the water constitutes a potential danger to human health, the water services authority shall, as soon as possible— (a) ensure that— (i) the supply of affected water is prohibited, or (ii) the use of affected water is restricted, or (b) ensure that— (i) subject to regulations under section 32 , such other necessary action, including remedial action, is taken to protect human health and to restore the quality of the supply to such prescribed standards as apply to the water supply concerned, (ii) users are promptly informed of the potential danger and given any necessary advice, and (iii) except where the extent of non-compliance with prescribed quality standards is considered by the water services authority not to be material in the circumstances, users are notified promptly of any remedial action taken.
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(3)A water services authority may issue a notice for the purposes of this section, which, where it is addressed to users, may also— (a) be given to such classes of users as the authority considers necessary, and (b) notwithstanding section 19 , be issued by— (i) advertisement in a newspaper circulating in the area, (ii) being broadcast on a radio or television channel generally available in the area, (iii) being made available on the internet, or (iv) such other manner as the Minister may direct.
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(4)A person who contravenes a requirement of a notice under this section commits an offence.
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Power to order the closure of a polluted water source.
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59.— (1) Where a water services authority becomes aware that water from any source, whether surface water or groundwater or treated water, which is intended for human consumption constitutes a potential danger to human health, it may serve a notice, either on the owner or person having charge of that supply of water, requiring that person, as appropriate, to— (a) shut down the water source in question, (b) cease supplying water from that source, or (c) take specified remedial action to restore water quality to the satisfaction of the water services authority before continuing to take or provide a supply of water from that source.
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(2)A person who fails to comply with a requirement of a notice under subsection (1) commits an offence.
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PART 4
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Waste Water Maintenance of waste water works.
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60.— (1) A person who owns, has in his or her charge or otherwise has control over a waste water works shall cause it to be properly maintained so as not to— (a) cause, or be likely to cause a risk to human health or the environment, including risk to waters, the atmosphere, land, soil, plants or animals, or (b) create a nuisance through odours.
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(2)A person who contravenes subsection (1) commits an offence.
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Waste water connections.
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61.— (1) (a) A person who causes or permits the connection of a premises to waste water services, either directly or indirectly, without the agreement of the provider of those services, commits an offence. (b) For the purposes of paragraph (a), and without prejudice to subsection (6), the agreement of a water services authority under this subsection may be made the subject of such conditions as the water services authority may specify. (c) In considering whether to agree to a connection under this section, a water services authority shall be entitled to take into account the matters referred to in paragraph 1 of the Fourth Schedule to the Act of 2000 in so far as they may apply to the provision of waste water services by it or another person acting jointly with it or on its behalf.
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(2)A person who causes or permits the discharge of any effluent or other matter to a waste water works, whether directly or indirectly, without the agreement of the relevant water services provider commits an offence.
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(3)It is a defence to a prosecution for an offence committed under subsection (1) to prove that the connection was made in accordance with a direction under section 92 .
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(4)Without prejudice to subsection (6), where a notice under section 42
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(1)takes effect in relation to any premises, agreement to a subsequent connection to a related waste water works shall be deemed to have been given for the purposes of compliance with subsection (1).
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(5)Without prejudice to subsection (6), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waste water works for the purposes of this section, subject to such conditions as the water services authority may require consistent with its powers under this section.
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(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.
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(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.
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(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).
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(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.
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(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 (c) any incidental and related matters.
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(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.
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(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.
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Nuisances in sewers, drainage of premises, etc.
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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 (c) permit infiltration or exfiltration of water or waste water.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(8)A person who fails to comply with a direction under subsection (3)(a)(ii) commits an offence.
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Licensing of discharges to sewers.
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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.
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(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.
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(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).
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(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 .
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(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 (c) specify a date not later than which any conditions shall be complied with.
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(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.
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(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.
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(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.
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(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.
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(10)A notice may be served under subsection (8) whether or not there has been a prosecution under this section.
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(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.
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(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.
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(13)A summary offence under this section may be prosecuted by the water services authority which issued or would be entitled to issue the licence under this section for the activity to which the offence relates.
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(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.
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(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.
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(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.
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(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.
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(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 .
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Transitional arrangements.
\n
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 .
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(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 .
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(3)A person shall be deemed not to have contravened section 63
\n
(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.
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(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).
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(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.
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(6)Notwithstanding section 63
\n
(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.
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(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.
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(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.
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Review of a licence under section 63 .
\n
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.
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(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, (c) there has been a material change in relation to the waters to which the sewer concerned discharges, (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 .
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(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 that granted it as soon as may be after the commencement of such regulations and thereafter at such intervals as may be specified in the regulations.
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(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.
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(5)The Minister may make regulations for the purpose of this section.
\n
(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.
\n
Appeals in relation to sections 63 and 65 .
\n
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. (c) An act of a water services authority referred to in paragraph (a) or (b) shall have effect— (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.
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(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.
\n
Regulations for purpose of sections 63 and 66 .
\n
67.— (1) The Minister may make regulations for the purpose of licensing under section 63 and appeals under section 66 .
\n
(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; (c) requiring the production of evidence to verify any information given by an applicant; (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.
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(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.
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(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
\n
(5)(b) shall be payable on demand by the applicant or licence holder as the case may be.
\n
Sewage facilities for vessels, etc.
\n
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 (c) shed, hut or similar structure, 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.
\n
(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.
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(3)The power to impose fees or other charges under subsection (2) applies notwithstanding any provision in any enactment prohibiting the making of a charge for the provision of water services to a household for domestic purposes, with the exception that a charge may not be made to a household in the traveller community for water services for domestic purposes provided since 31 December 1996.
\n
Power to declare drains to be sewers for certain purposes.
\n
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.
\n
(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.
\n
(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.
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(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.
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(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 by which it was made and a copy thereof shall, within the period aforesaid, be given or served on each person served under subsection (3)(a).
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(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.
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(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.
\n
(8)The Minister may make regulations in relation to administrative procedures under this section.
\n
General duties of an owner or occupier.
\n
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.
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(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.
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(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.
\n
(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.
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(5)The occupier of a premises (or if unoccupied the owner) shall notify the water services authority in whose functional area 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.
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(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.
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(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.
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(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.
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(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.
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(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.
\n
(11)In this section a reference to a drain shall be construed as a reference to a drain or a service connection.
\n
PART 5
\n
Meters Interpretation (Part 5).
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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.
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Provision of meters.
\n
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, (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.
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(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 (c) any relevant regulations made under the European Communities Act 1972 , 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.
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(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.
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(4)Subject to subsection (2), the Minister may make regulations in relation to the provision of a meter.
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(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; (c) taking of meter readings; (d) estimation of usage on the basis of historical data; (e) any incidental or ancillary matters.
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(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 (c) contravenes a regulation made under subsection (4) which is stated to be a penal regulation.
\n
Meter performance.
\n
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.
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(2)The Minister may issue guidelines to a water services authority in relation to procedures to be adopted for dealing with consumer complaints in relation to the performance of meters, and the water services authority shall act in accordance with those guidelines.
\n
Interference with meters.
\n
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.
\n
(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.
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(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.
\n
(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.
\n
(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.
\n
(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 (c) any unauthorised interference with a meter, 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.
\n
(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.
\n
PART 6
\n
Rural Water Services
\n
Chapter 1
\n
General administrative provisions National Rural Water Services Committee.
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75.— (1) There shall be a body to be known as the National Rural Water Services Committee or, in the Irish language, an Coiste Náisiúnta Seirbhísí Uisce Tuathúil (and in this Act referred to as the “National Committee”) to perform the functions assigned to it by or under this Act.
\n
(2)The National Committee shall stand established on such day as the Minister by order appoints.
\n
(3)The National Committee shall consist of such persons as may be appointed by the Minister from time to time.
\n
(4)It shall be the function of the National Committee to— (a) advise the Minister on— (i) policy in relation to rural water services, (ii) rural water services investment objectives and priorities, (iii) efficiency and effectiveness of investment in rural water services, including progress on the achievement of investment objectives, (iv) monitoring and reporting procedures in relation to the protection of human health or the environment, (v) guidelines for the making of a rural water services strategic plan, (vi) continuing development of rural water services strategic planning, including evaluation of the effectiveness of rural water services strategic plans, or (vii) such other matters on which he or she may seek advice, and (b) carry out such activities, including research, as may, with the consent of the Minister, be required.
\n
(5)The Minister may make regulations for the purposes of this section.
\n
(6)Without prejudice to the generality of subsection (5), regulations under this section may provide for all or any of the following matters: (a) composition, appointment and removal procedures and term of office of the National Committee; (b) meetings and procedures; (c) expenditure and finance; (d) reporting arrangements; and (e) any incidental and ancillary matters.
\n
County rural water services committees.
\n
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.
\n
(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; (c) functions generally in relation to rural water services provision; (d) reporting arrangements; (e) expenditure and finance; and (f) any incidental and ancillary matters.
\n
(3)The expenses of a county rural water services committee may be met by the water services authority under whose auspices it is established.
\n
(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.
\n
Rural water services strategic plans.
\n
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.
\n
(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.
\n
(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.
\n
(4)Any reference to a water services strategic plan in
\n
Part 2
\n
may be read as a reference to a rural water services strategic plan for the purpose of such plan.
\n
Chapter 2
\n
Supervision of water services Responsibility of water services authorities.
\n
78.— (1) In this Chapter, licence includes, where the context requires, a revised licence.
\n
(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.
\n
Water services licences.
\n
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.
\n
(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.
\n
(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, or (b) that a system of notification or registration established under paragraph (a)(iv) shall constitute an agreement for the purposes of section 31
\n
(13).
\n
(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
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(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
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(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.
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(5)A person who contravenes— (a) subsection (1), or (b) a regulation made under subsection (3)(a)(iii), (iv) or (v), commits an offence.
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(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.
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Determination of an activity as a licensable water services activity.
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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 .
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(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.
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(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 .
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(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.
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(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.
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(6)A person who fails to comply with a notice under subsection (2) commits an offence.
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Grant of a water services licence.
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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.
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(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
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(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.
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Water services authority to be licensing authority.
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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.
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(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.
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(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
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(13).
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Conditions attached to a water services licence.
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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.
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(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, (c) standards of service, (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.
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(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, (c) operational and management procedures, (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.
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(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.
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(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.
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Review of a water services licence.
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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, (c) where there has been a material change in the nature or scale of the activity which is the subject of the licence, (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.
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(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.
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(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.
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Revocation of a water services licence.
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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; (c) where, in the opinion of the water services authority, the licence holder is not providing an adequate service; (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
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Part 7
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.
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Decision by a water services authority in relation to licences or licence applications.
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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 .
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(2)Where a water services authority decides—