Local Government (Sanitary Services) Act, 1962
In short
This law, the Local Government (Sanitary Services) Act, 1962, updates and expands previous laws related to sanitary services, primarily focusing on water supplies and sewerage facilities. It allows for financial assistance and regulatory powers concerning these services.
What it regulates
- Grants and advances for private water and sewerage facilities.
- Guarantees for advances related to private water and sewerage facilities.
- The purchase of sewerage undertakings and waterworks by sanitary authorities.
- The power of sanitary authorities to charge for water supplied.
- Requirements for connecting to public sewerage or water supply systems.
Who it concerns
- Persons providing and installing private water supplies or private sewerage facilities in dwelling-houses.
- Sanitary authorities.
- The Minister for Local Government and the Minister for Finance.
Key points
- The Minister may provide grants for private water supplies or sewerage facilities commenced after April 1, 1962.
- Sanitary authorities may also provide grants and advances, and guarantee advances, for such facilities commenced after April 1, 1962.
- For seven years after completion, the valuation of a dwelling-house will not increase due to the installation of these facilities if a grant was received.
- Sanitary authorities can make charges for water supplied, but an urban sanitary authority cannot charge for domestic water supply within their district unless it's for business, certain institutions (like hospitals), or clubs.
- Persons aggrieved by a water charge can appeal to the Minister within twelve months.
Legal text
Local Government (Sanitary Services) Act, 1962 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1962 Local Government (Sanitary Services) Act, 1962 Local Government (Sanitary Services) Act, 1962 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 26 of 1962. LOCAL GOVERNMENT (SANITARY SERVICES) ACT, 1962. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Grants by Minister. 3. Grants by-sanitary authority. 4. Advances by sanitary authority. 5. Guarantees by sanitary authority. 6. Purchase of sewerage undertakings and waterworks. 7. Power to make and fix charges for water. 8. Requirement to connect with public sewerage or water supply system. 9. Provision of certain pipes. 10. Control of pollution of the atmosphere. 11. Laying of regulations before Houses of the Oireachtas. 12. Expenses of Minister. 13. Repeals. 14. Commencement. 15. Short title, construction and collective citation. SCHEDULE Enactments Repealed. Acts Referred to Public Health (Ireland) Act, 1878 1878, c. 52 Local Government (No. 2) Act, 1960 1960, No. 40 Number 26 of 1962. LOCAL GOVERNMENT (SANITARY SERVICES) ACT, 1962. AN ACT TO AMEND AND EXTEND THE LOCAL GOVERNMENT (SANITARY SERVICES) ACTS, 1878 TO 1952. [8th August, 1962.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions. 1.—
- a)by the insertion of “and may, for the purpose of drainage or sewage disposal, purchase either within or without their district any sewerage undertaking;” before “and may”; (
- b)by the insertion of “or any waterworks” before “or any water”; (
- c)by the addition at the end of the section of: “In this section ‘sewerage undertaking’ includes sewers, drains, pumps, tanks, sluices, culverts and engines, and all machinery, lands, buildings and things for the purposes of drainage or sewage disposal.”
- a)Where— (
- i)all or a majority of the persons entitled to sell by agreement to a sanitary authority any sewerage undertaking or waterworks request the sanitary authority to purchase the sewerage undertaking or waterworks, and (
- ii)the sewerage undertaking or waterworks is or are in good order and repair, the following provisions shall have effect: (I) in case the request is by all of those persons and they and the sanitary authority are in agreement as to the terms upon which the purchase is to be effected, it shall be obligatory on the sanitary authority to purchase the sewerage undertaking or waterworks on those terms, (II) in any other case, it shall be obligatory on the sanitary authority to exercise their powers of compulsory purchase of the sewerage undertaking or waterworks. (
- b)Any dispute arising in relation to this subsection as to whether any sewerage undertaking or waterworks is or are in good order and repair shall be referred to the Minister for decision.
- a)Where, in the case of the compulsory purchase by a sanitary authority of any sewerage undertaking or waterworks, the compensation to be paid to a claimant to whom any relevant grant has been made in relation to the sewerage undertaking or waterworks is being determined by arbitration, the arbitrator shall have regard to the fact that such grant was made. (
- b)In the foregoing paragraph “relevant grant” means a grant under this Act, under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1960, or the Housing (Gaeltacht) Acts, 1929 to 1959, or under any scheme administered by the Minister for Agriculture.
- a)in making any payment to the sanitary authority of principal of or interest on any advance made by them under this Act in relation to the sewerage undertaking or waterworks, or (
- b)in making any payment to the sanitary authority in respect of any payment made by the sanitary authority on any guarantee given by them under this Act in relation to the sewerage undertaking or waterworks, or in respect of interest on any such payment, the following provisions shall have effect: (
- i)subsection
- a)a supply to any premises which are used wholly or in part for any business, trade or manufacture, (
- b)a supply to any hospital, sanatorium, county home, home for persons suffering from physical or mental disability, maternity home, convalescent home, preventorium, laboratory, clinic, health centre, dispensary or any similar institution, or (
- c)a supply to any club.
- a)the quantity of water supplied, (
- b)the rateable valuation of the premises supplied, (
- c)the purposes for which the water is required, (
- d)the description of the premises supplied, (
- e)any other matter which the sanitary authority consider suitable, and may be so fixed either without or subject to any maximum or minimum limit.
- a)Where— (
- i)any waterworks are acquired by a sanitary authority, and (
- ii)there are premises which, immediately before the acquisition, were supplied with water from the waterworks, the Minister may determine limits for the charges which, during a specified period ending not later than twenty years after the acquisition, may be fixed for water supplied from the waterworks to those premises and, upon such determination having been made, the foregoing provisions of this section shall have effect subject to the determination. (
- b)Limits shall not be determined under this subsection in relation to a waterworks acquired by agreement save at the request of the sanitary authority or of any person from whom the waterworks or any part thereof was acquired.
- a)the cost of the discontinuance shall be recoverable in any proceedings for the recovery of the charge, (
- b)the cost of re-connection shall be payable by the person liable for the charge.
- a)a supply for agriculture or horticulture, (
- b)a supply for any trade, industry or business, (
- c)a supply for any purpose incidental to a dwelling-house or private garden (including washing a private vehicle) if the water is drawn otherwise than from a tap inside a dwelling-house or if a hosepipe or similar apparatus is used, (
- d)a supply for central heating other than central heating of a dwelling-house, (
- e)a supply for apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating water.” Requirement to connect with public sewerage or water supply system. 8.—
- a)a sanitary authority have provided a public sewerage system, and (
- b)in the opinion of the authority, any premises in the district of the authority are— (
- i)not drained in a satisfactory manner, and (
- ii)capable of being served by the sewerage system by means of a connection not exceeding one hundred feet in length, the authority may serve on the owner of the premises a notice requiring the execution within a specified period of specified works for the purpose of securing the service of the premises by the public sewerage system.
- a)a sanitary authority have provided a public water supply system, and (
- b)in the opinion of the authority, any premises in the district of the authority are— (
- i)not provided with a satisfactory supply of water, and (
- ii)capable of being served by the public water supply system by means of a connection not exceeding one hundred feet in length, the authority may serve on the owner of the premises a notice requiring the execution within a specified period of specified works for the purpose of securing the service of the premises by the public water supply system.
- 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.
- 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.
- a)Subject to the provisions of this subsection, where a notice under this section (other than a notice which has been annulled) has been served on the person who was, when the notice was served on him, 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 sanitary authority may allow, the works required by the notice have not been begun or, if begun, have not been completed, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds. (
- 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 sanitary authority may allow for such compliance) ceased to be the owner of the premises, he shall, upon complaint duly made by him and on giving to the prosecution not less than three clear days' notice of his 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 took all reasonable steps to secure compliance with the notice, he shall be acquitted of the offence. (
- d)If, after a person is convicted under this subsection he does not as soon as practicable do everything in his power to secure compliance with the notice, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding two pounds for each day following his first conviction on which any of the requirements of the notice remain unfulfilled. (
- e)In paragraphs (
- 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
- a)Where a notice under this section requires the execution of works which include the laying of a pipe passing through land of which the owner is not the owner of the premises to which the notice relates, the sanitary authority who served the notice shall themselves lay so much of the pipe as lies within that land. (
- b)For the purpose of laying under this subsection a pipe, a sanitary authority shall have the powers mentioned in section 18 of the Public Health (Ireland) Act, 1878 , as if the pipe were a sewer and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under that section. Provision of certain pipes. 9.—
- a)service pipes or portions of service pipes for the supply of water from a watermain to any premises, (
- b)drainage pipes or portions of drainage pipes for the drainage of any premises, whether to a sewer or elsewhere.
- a)as respects the powers mentioned in that section as exercisable after the giving of notice, they shall not be exercised save where— (
- i)there are premises in respect of which the sanitary authority could serve a notice under subsection
- ii)the proposed pipe is for extending such system to any point which is one hundred feet or less, but not nearer than fifty feet, from the premises, and (
- b)on exercising any such power, the sanitary authority shall be liable to pay such (if any) compensation as if the power had been exercised under that section. Control of pollution of the atmosphere. 10.—
- a)controlling sources of pollution of the atmosphere, including the emission of smoke, dust, grit or gas; (
- b)regulating the establishment and operation of— (
- i)trades, (
- ii)chemical and other works, and (iii) processes (including the disposal of waste), which are potential sources of atmospheric pollution from smoke, dust, grit or noxious or offensive gases; (
- c)specifying maximum concentrations of specified pollutants in the atmosphere; (
- d)measurement of emissions of pollutants into the atmosphere; (
- e)investigation of, and obtaining information on, emissions of pollutants into the atmosphere; (
- f)testing, measuring and investigation of atmospheric pollution; (
- g)regulating potential sources of pollution of the atmosphere from radioactive materials; (
- h)specifying particular controls of atmospheric pollution for particular areas; (
- i)licensing of persons engaged in specified works or processes, being works or processes discharging pollutants into the atmosphere, and prohibiting the engagement in such works or processes of persons other than licensed persons; (
- j)licensing of premises from which pollutants are discharged into the atmosphere, and prohibiting discharge of pollutants into the atmosphere from premises other than licensed premises; (
- k)the cancellation or suspension of licences; (
- l)the imposition of charges for the purposes of the regulations or for services performed thereunder.
- a)the annulment or confirmation of cancellations or suspensions by sanitary authorities of licences, (
- b)the direction of sanitary authorities to license persons or premises in specified circumstances.
- a)Each of the following persons shall be an authorised officer for the purposes of this section: (
- i)an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of this section, (
- ii)an officer of a sanitary authority appointed in writing by the manager therefor to be an authorised officer for the purposes of this section. (
- b)Subject to the next paragraph, an authorised officer (either alone or accompanied by such assistants as he thinks proper) may at all reasonable times enter and inspect any premises for the purpose of ascertaining— (
- i)whether there is or has been on or in connection with the premises any contravention of any provision of the regulations made under this section, (
- ii)the extent and nature of any such contravention, or (iii) whether circumstances exist on or in connection with the premises which would require any action to be taken under such regulations. (
- c)An authorised officer shall not enter any premises under this section unless he produces for inspection by the person in occupation or in charge of the premises, if such person requests him so to do, his appointment in writing as an authorised officer. (
- d)A person who wilfully obstructs or interferes with the exercise by an authorised officer of a power conferred by this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. (
- e)In this subsection— “the manager” means— (
- i)in case the sanitary authority is the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the borough, (
- ii)in any other case, the manager for the purposes of the County Management Acts, 1940 to 1955; “premises” includes ship or vessel.
- SCHEDULE. Enactments Repealed. Section 13 . Session and Chapter or Number and Year Short title Extent of Repeal 41 & 42 Vic., c.
- Public Health (Ireland) Act, 1878 . Paragraph
- 6 Edw. 7, c.
- Alkali, &c. Works Regulation Act,
- The whole Act. 6 Edw. 7, c.
- Open Spaces Act, 1906 . Subsection
- No. 3 of
- Local Government (Sanitary Services) Act, 1948 . Sections 12 to 17 and 19 to 25 . No. 31 of
- Housing (Amendment) Act,
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