LOCAL GOVERNMENT (WATER POLLUTION) (AMENDMENT) ACT 1990
LONG TITLE
AN ACT TO AMEND AND EXTEND THE LOCAL GOVERNMENT (WATER POLLUTION)
ACT, 1977, AND (IN SO FAR AS IT RELATES TO WATER POLLUTION) THE
FISHERIES (CONSOLIDATION) ACT, 1959, AND TO PROVIDE FOR OTHER MATTERS
CONNECTED WITH THE MATTERS AFORESAID.
[18th July, 1990]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
SECT 1
Interpretation.
1.—(1) In this Act—
"the Act of 1959" means the Fisheries (Consolidation) Act, 1959;
"the Principal Act" means the Local Government (Water Pollution) Act,
1977.
(2) A reference in this Act to any enactment shall be construed as
a reference to that enactment as amended or adapted by or under
any subsequent enactment (including this Act).
SECT 2
Amendment of section 1 of Principal Act.
2.—section 1 (1) of the Principal Act is hereby amended by the
deletion of the definitions of "acquifer" and "sewer" and the
insertion of the following definitions before the definition of
"board of conservators";
"'aquifer' means any stratum or combination of strata that stores or
transmits groundwater;
'combined drain' means a drainage pipe, or a system of such pipes,
that is not vested in or controlled by a sanitary authority and is
used to convey trade effluent or other matter (other than storm
water) from two or more premises to any waters or to a sewer;
'fisheries region' has the meaning assigned to it by the Fisheries
Act, 1980, and includes the Foyle Area, within the meaning of the
Foyle Fisheries Act, 1952;
'regional board' has the meaning assigned to it by the Fisheries
Act, 1980, and includes the Foyle Fisheries Commission;
'sewer' means a sewer within the meaning of the Local Government
(Sanitary Services) Acts, 1878 to 1964, that is vested in or
controlled by a sanitary authority and includes a sewage treatment
works, and a sewage disposal works, that is vested in or controlled
by a sanitary authority;".
SECT 3
Amendment of section 3 of Principal Act.
3.—(1) section 3 of the Principal Act is hereby amended by—
( a ) the substitution for subsection (3) of the following
subsection—
"(3) It shall be a defence to a charge of committing an offence
under this section for the accused to prove that he took all
reasonable care to prevent the entry to waters to which the charge
relates by providing, maintaining, using, operating and supervising
facilities, or by employing practices or methods of operation, that
were suitable for the purpose of such prevention.", and
(b) the substitution for paragraph (a) of subsection (5) of the
following paragraphs
"( a ) (i) a discharge of a trade effluent or a sewage effluent
which is made under and in accordance with a licence under section
4;
(ii) a discharge of a sewage effluent from a sewer: Provided that,
where a standard applying to the effluent stands prescribed under
section 26, the discharge complies with that standard;
(iii) a discharge of a trade effluent or sewage effluent to which
regulations under section 4 (10) apply: Provided that, where a
standard applying to the effluent stands prescribed under section 26,
the discharge complies with that standard;
( aa ) any entry authorised by or under an enactment specified in
the Table to subsection (6);".
( 2 ) ( a ) The Minister may, after consultation with any other
Minister of the Government who, having regard to his functions, he
considers ought to be consulted, by regulations, restrict, attach
conditions to, or repeal all or any of the exemptions specified in
subsection (5) or (6) of section 3 of the Principal Act.
( b ) Where it is proposed to make regulations under this
subsection, a draft of the regulations shall be laid before each
House of the Oireachtas and the regulations shall not be made until
a resolution approving of the draft has been passed by each such
House.
(3) A reference in any enactment specified in the Table to section
3 of the Principal Act to the Act of 1959 shall be construed as
including a reference to subsection (1) of that section.
SECT 4
Amendment of section 6 of Principal Act.
4.—section 6 of the Principal Act is hereby amended by the
insertion of the following subsections after subsection (2):
"(2A) Regulations under this section may make provision for—
( a ) the payment to a local authority of a fee of such amount
as may be specified in respect of an application to it for a
licence under section 4, and
( b ) the payment to An Bord Pleanála of a fee of such amount
as may be specified in respect of an appeal to it under section
8,
and any such regulations may make provision for—
(i) the payment of fees of different amounts in respect of
different classes of such applications and appeals as aforesaid,
(ii) exemption from the payment of fees provided for under paragraph
(a) or (b) in such circumstances as may be specified,
(iii) the waiver, remission or refund (in whole or in part) of any
such fees as aforesaid in such circumstances as may be specified,
and
(iv) the manner in which such fees may be disposed of.
(2B) Where, pursuant to regulations under this section, a fee is
payable to a local authority in respect of an application for a
licence under section 4, the local authority shall not entertain the
application unless the fee is received by the local authority.
(2C) Where, pursuant to regulations under this section, a fee is
payable to An Bord Pleanála in respect of an appeal under section
8, the appeal shall not be entertained unless the fee is received
by An Bord Pleanála before the expiration of the prescribed period
referred to in subsection (1) of that section.
(2D) Where, pursuant to regulations under this section, a fee is
payable to An Bord Pleanála in respect of an appeal under section
8 and the person by whom the fee is payable is neither the
applicant for the licence to which the appeal relates nor the
person or one of the persons who brought the appeal, An Bord
Pleanála shall not entertain submissions or observations in relation
to the appeal made by or on behalf of the person by whom the fee
is payable unless the fee is received by An Bord Pleanála.
(2E) Where, pursuant to regulations under this section, a fee is
payable to An Bord Pleanála in respect of a request for the oral
hearing of an appeal, An Bord Pleanála shall not consider the
request unless the fee is received by An Bord Pleanála.".
SECT 5
Amendment of section 7 of Principal Act.
5.—section 7 of the Principal Act is hereby amended by—
( a ) the substitution for subsections (2) and (3) of the
following subsections:
"(2) Notwithstanding any other provision of this Act or any
condition in a licence under section 4, any such licence may be
reviewed at any time by the local authority that granted it if—
( a ) the local authority has reasonable grounds for believing that
the discharge authorised by the licence is or is likely to be
injurious to public health or renders or is likely to render the
waters concerned unfit for use for domestic, commercial, industrial,
fishery (including fish-farming), agricultural or recreational uses,
( 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 discharge is made,
( 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 such matter,
or
( e ) the licensee applies to the local authority concerned to
review the licence.
(2A) Notwithstanding any other provision of this Act or any
condition in a licence under section 4, where regulations are in
force under section 26 such a licence relating to an effluent or
waters to which the regulations apply shall be reviewed by the
local authority that granted it—
( a ) in case it was. in force before the commencement of the
regulations, as soon as may be after such commencement and
thereafter at such intervals as may be specified in the regulations,
and
( b ) in any other case, at such intervals as may be specified
in the regulations.
(3) Upon completion of a review under this section, a local
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 the local 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.",
(b) the insertion in subsection (4) after paragraph (b) of the
following paragraph:
"( c ) Without prejudice to the generality of paragraph (a),
regulations under this subsection may also make provision in relation
to any of the following matters:
(i) the payment to local authorities of fees of such amounts as
may be specified in the regulations in relation to reviews of
licences,
(ii) the payment of fees of different amounts in respect of
different classes of such reviews as aforesaid,
(iii) exemption from the payment of such fees in such circumstances
as may be specified,
(iv) the waiver, remission or refund (in whole or in part) of such
fees in such circumstances as may be specified, and
(v) the manner in which such fees may be disposed of."
and
( c ) the insertion after subsection (4) of the following
subsection:
"(5) Where, pursuant to regulations under this section, a fee is
payable to a local authority, the local authority shall not conduct
the review in relation to which it is payable until the receipt
thereof by the local authority.".
SECT 6
Appeals in relation to sections 4 and 7 of Principal Act.
6.—(1) The following section shall be substituted for section 8 of
the Principal Act:
"8. (1) ( a ) A person may, before the expiration of such period
as may be prescribed, appeal to An Bord Pleanála in relation to—
(i) the grant, refusal to grant or revocation of a licence under
section 4,
(ii) the attachment of conditions or additional conditions to such a
licence, or
(iii) the amendment or deletion of any condition attached to such a
licence,
(b) An act of a local authority referred to in paragraph (a) shall
have effect—
(i) in case an appeal is not brought against it, upon the
expiration of the period referred to in paragraph (a),
(ii) in case an appeal is brought against it and the final
determination of the appeal does not set the act aside, in
accordance with such final determination,
(iii) in case an appeal or appeals is or are brought against it
and the appeal or appeals is or are withdrawn—
(I) if the period referred to in paragraph (a) has expired, upon
such withdrawal, and
(II) if the period aforesaid has not expired, upon its expiry.
(2) An Bord Pleanála, after consideration of an appeal under this
section, shall (as it thinks proper) allow or refuse the appeal and
may give any direction consequent on its decision that it considers
appropriate to the local authority concerned (including a direction
that a specified condition be attached to the licence concerned or
be amended or deleted) and a local authority shall comply with any
such direction.".
(2) Appeals brought under section 8 of the Principal Act and not
finally determined upon the commencement of this section shall be
continued and determined as if so brought after such commencement.
SECT 7
Powers of courts, local authorities and regional boards in relation
to the mitigation and remedying of effects of pollution.
7.—The following section shall be substituted for section 10 of the
local authorities Principal Act:
"10.—(1) (a) Where, on application by any person to the appropriate
court, whether or not the person has an interest in the waters
concerned, that court is satisfied that another person—
(i) is causing or permitting, or has caused or permitted, polluting
matter to enter waters and the entry is or was not one to which
section 3 (5) applies and is or was not under and in accordance
with a licence under section 171 of the Act of 1959, or
(ii) is discharging or causing or permitting to be discharged, or
has discharged or caused or permitted to be discharged, trade
effluent or sewage effluent to waters and the discharge is or was
not one to which subsection (2) of section 4 applies and is or
was not under and in accordance with a licence under that section
or the said section 171,
that court may make an order directing that other person to do one
or more of the following, that is to say:
(I) to terminate the entry or discharge within such period as may
be specified in the order, or
(II) to mitigate or remedy any effects of the entry or discharge
concerned in such manner and within such period as may be specified
in the order, or
(III) to pay to the applicant or such other person as may be