Chapter 2

Miscellaneous amendments

Amendment of Act of 1992.

107 .— The Act of 1992 is amended—

(a) by substituting the following for section 58:

“Drinking water.

58.— (1) The Agency may request a water services authority to submit to it in such manner and at such times as it may direct, such information as the Agency may specify in relation to the management and treatment, and the monitoring of compliance with prescribed quality standards and other parametric values, of water intended for human consumption.

(2) The Agency shall arrange for, carry out or cause to be carried out, such inspection, auditing or monitoring as it considers necessary to verify information (including monitoring results) transmitted to it under subsection (1).

(3) The Agency shall, in relation to each year, prepare and submit to the Minister a report on—

(a) the monitoring, together with an assessment of the results, referred to in subsection (1) or (2), and

(b) the implementation by the Agency of section 58A,

and the report shall include such recommendations as seem to it to be appropriate.

(4) Each report under subsection (3) shall be laid by the Minister before each House of the Oireachtas and shall be published by the Agency.

(5) In this section and section 58A ‘parametric values’ and ‘water services authority’ have the meanings assigned to them, respectively, in section 2 of the Water Services Act 2007.

Performance by water services authorities of statutory functions in relation to drinking water.

58A.— (1) Notwithstanding section 30 of the Water Services Act 2007, the Agency shall—

(a) monitor compliance with prescribed water quality standards and other parametric values of water supplied by or on behalf of a water services authority for human consumption, and

(b) be responsible for enforcement of compliance with such standards.

(2) Without prejudice to subsection (1), and with a view to achieving the satisfactory compliance with relevant prescribed water quality standards and other parametric values of water intended for human consumption supplied by the water services authority concerned, the Agency may, having exercised its powers under subsection (1) or (2) of section 58 and considered any information furnished to, or otherwise coming into its possession in consequence of that exercise, do all or any of the following:

(a) issue such advice, directions or recommendations to the water services authority, as it considers necessary;

(b) provide, on such terms and conditions as may be agreed, such assistance, support or guidance as the Agency considers, after consultation with the water services authority, would be helpful.

(3) (a) Notwithstanding any other provision of this section, where the Agency is of the opinion in respect of water for human consumption supplied by or on behalf of a water services authority that—

(i) there has been a breach of prescribed water quality standards or other parametric values,

(ii) the water contains a substance or micro-organism for which no water quality standard exists, or

(iii) a standard of efficiency of related disinfection equipment exists,

that constitutes, or may constitute, a risk to public health, then the Agency may issue such direction to the relevant water services authority as it considers necessary to ensure that appropriate measures are taken for the purposes of preventing, limiting, eliminating or abating such risk.

(b) A water services authority shall comply with any direction to it under paragraph (a).

(4) (a) Where the Agency, having reviewed the information—

(i) submitted to it in accordance with section 58(1), or

(ii) obtained during the course of inspection, auditing or monitoring carried out under section 58(2),

is of the opinion that a water services authority has failed adequately to carry out monitoring of its water supplies or related distribution networks, then the Agency shall direct the water services authority to arrange for such monitoring to be carried out adequately.

(b) A water services authority shall comply with any direction to it under paragraph (a).

(5) Where a water services authority fails to comply with a direction issued under subsection (2), (3) or (4), the Agency may arrange, carry out or cause to be carried out such action as it considers necessary to ensure compliance with the direction. The costs of such action may be recovered by the Agency from the water services authority concerned as a simple contract debt in any court of competent jurisdiction.

(6) A water services authority commits an offence if—

(a) it fails to comply with a request under section 58(1), or

(b) it fails to comply with a direction under subsection (2), (3) or (4).

(7) The Agency may apply to the High Court in a summary manner for an order against a water services authority to direct compliance with a request under section 58(1), or a direction under subsection (3), and the Court may grant such order as it considers appropriate.”,

(b) in section 59 by inserting the following after subsection (8):

“(9) In this section a reference to a sanitary authority shall be construed, subject to the discretion of the Minister in relation to regulations under subsection (5), as including a reference to any person acting on behalf of or jointly with a sanitary authority.”,

(c) in section 60 by inserting the following after subsection (2):

“(3) In this section, a reference to a sanitary authority shall be construed as including a reference to any person acting on behalf of or jointly with a sanitary authority.”,

(d) in section 61 by inserting the following after subsection (3):

“(4) In this section, a reference to a sanitary authority shall be construed as including a reference to any person acting on behalf of or jointly with a sanitary authority.”,

and

(e) in Part IV (inserted by section 15 of the Protection of the Environment Act 2003 )—

(i) in section 84(1)—

(I) by deleting “or” in paragraph (b) and by substituting “the Fisheries (Consolidation) Act 1959 , or” for “the Fisheries (Consolidation) Act 1959 ,” in paragraph (c), and

(II) by inserting the following after paragraph (c):

“(d) section 63 or 81 of the Water Services Act 2007.”,

(ii) in section 84(2)—

(I) by deleting “or” in paragraph (b) and by substituting “the Fisheries (Consolidation) Act 1959 , or” for “the Fisheries (Consolidation) Act 1959 ,” in paragraph (c), and

(II) by inserting the following after paragraph (c):

“(d) section 63 or 81 of the Water Services Act 2007,”,

(iii) in section 87 by deleting subsection (10) and substituting the following:

“(10) (a) Subject to paragraph (b), a person shall not, by application for judicial review or in any other legal proceedings whatsoever, question the validity of a decision of the Agency to grant or refuse a licence or revised licence (including a decision of it to grant or not to grant such a licence on foot of a review conducted by it of its own volition) unless the proceedings are instituted within the period of 8 weeks beginning on the date on which the licence or revised licence is granted or the date on which the decision to refuse or not to grant the licence or revised licence is made.

(b) Where, on application to the High Court, the Court considers that in the particular circumstances there is good and sufficient reason for doing so, the Court may extend the period referred to in paragraph (a).”,

(iv) in section 99B(1)(a)—

(I) by deleting “or” in subparagraph (ii) and by substituting “the Fisheries (Consolidation) Act 1959 , or” for “the Fisheries (Consolidation) Act 1959 ,” in subparagraph (iii), and

(II) by inserting the following after subparagraph (iii):

“(iv) section 63 or 81 of the Water Services Act 2007,”,

(v) in section 99E by inserting the following after subsection (5):

“(6) In this section, a reference to a sanitary authority shall be construed as including a reference to any person acting on behalf of or jointly with a sanitary authority.”,

and

(vi) in section 99G(1)—

(I) by deleting “or” in subparagraph (b) and by substituting “the Fisheries (Consolidation) Act 1959 , or” for “the Fisheries (Consolidation) Act 1959 ,” in paragraph (c), and

(II) by inserting the following after paragraph (c):

“(d) section 63 or 81 of the Water Services Act 2007,”.

Amendment of Housing Finance Agency Act 1981.

108.— The Schedule to the Housing Finance Agency Act 1981 (inserted by section 17 of the Housing (Miscellaneous Provisions) Act 2002 ) is amended by inserting “Water Services Act 2007” after “Water Supplies Act 1942”.

Amendment of Act of 1977.

109 .— The Act of 1977 is amended—

(a) in section 4(1) by inserting the following paragraph after paragraph (b):

“(c) In this subsection a discharge to waters includes a discharge from a septic tank or other waste water treatment system to a percolation area or to soil.”,

(b) in section 6(2) by substituting the following for paragraph (f) and paragraph (g) (inserted by the Local Government (Water Pollution) Act 1977 (Transfer of Appeals) Order 1978 (S.I. No. 96 of 1978)):

“(f) requiring an applicant to defray or contribute towards the cost of investigation carried out by a local authority in relation to an application;

(g) the oral hearing of any appeal to An Bord Pleanála and any such oral hearing conducted by it or by a person appointed for that purpose by it;

(h) procedural matters in relation to appeals;

(i) related ancillary and incidental matters.”.

Increase of penalties under Local Government (Water Pollution) Acts 1977 and 1990.

110 .— (1) The Act of 1977 (as amended by the Act of 1990) is amended—

(a) in section 3 by substituting the following for subsection (2):

“(2) A person who contravenes subsection (1) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €15,000,000 or imprisonment for a term not exceeding 5 years, or both.”,

(b) in section 4 by substituting the following for subsection (8):

“(8) A person who contravenes subsection (1) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.”,

(c) in section 6 by substituting the following for subsection (3)(a):

“(3) (a) A person who, in relation to an application for a licence under section 4 or an appeal under section 8, when—

(i) furnishing information under this section, or

(ii) verifying any such information,

makes a statement in writing which is false or to such person’s knowledge misleading in a material respect commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.”,

(d) in section 10 by substituting the following for subsection (2):

“(2) Without prejudice to any power of a court to enforce orders made by it, a person who does not comply with an order under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.”,

(e) in section 12 by substituting the following for subsection (4):

“(4) Where a notice under this section is not complied with in the period specified in the notice, the person on whom it was served commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.”,

(f) in section 14 by substituting the following for subsection (2):

“(2) A person who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.”,

(g) in section 16—

(i) by substituting the following for subsection (8):

“(8) A person who contravenes subsection (1) or (7) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.”,

and

(ii) by substituting the following for subsection (13A):

“(13A) Where a notice under this section is not complied with, the person on whom it was served commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.”,

(h) in section 19 by substituting the following for subsection (3)(a):

“(a) A person who, in relation to an application for a licence under section 16 or an appeal under section 20, when furnishing information under this section or when verifying any such information, makes a statement which is false or to such person’s knowledge misleading in a material respect commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.”,

(i) in section 23 by substituting the following for subsection (4):

“(4) A person who—

(a) fails or refuses to comply with a requirement in a notice under this section, or

(b) in purported compliance with a requirement in a notice under this section gives to a local authority or sanitary authority information that, to such person’s knowledge, is false or is misleading in a material respect,

commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.”,

(j) in section 26A (inserted by section 66(1) of the Act of 1996) by substituting the following for subsection (3):

“(3) (a) A person who contravenes a regulation under this section commits an offence.

(b) A person who commits an offence under this section is liable—

(i) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or

(ii) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.”,

(k) in section 27 by substituting the following for subsection (3):

“(3) A person who contravenes a regulation under this section commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.”,

and

(l) in section 28 by—

(i) substituting the following for subsection (3A)(b):

“(b) A person who—

(i) fails or refuses to comply with a request under this subsection, or

(ii) in pursuance of such a request, furnishes, to such person’s knowledge, information that is false or misleading to an authorised person,

commits an offence, and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.”,

and

(ii) by substituting the following for subsection (4):

“(4) A person who obstructs an authorised person in the performance of duties under this section commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.”.

(2) The Act of 1990 is amended—

(a) in section 21 by substituting the following for subsection (3):

“(3) (a) A person who contravenes or fails to comply with bye-laws under subsection (2) commits an offence.

(b) A person who commits an offence under this subsection is liable—

(i) on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or

(ii) if the offence is a contravention of or a failure to comply with a bye-law prohibiting the carrying on of a specified activity or a bye-law relating to a matter referred to in subsection (2)(c), on conviction on indictment to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.”,

and

(b) in section 21A (inserted by section 66(3) of the Act of 1996) by substituting the following for subsection (11):

“(11) A person who fails to comply with a notice under subsection (1) or (8) within the period specified in the notice commits an offence and is liable on summary conviction to a fine not exceeding €5,000.”.

Increase of penalties under sections 171 and 172 of Fisheries (Consolidation) Act 1959.

111 .— A person guilty of an offence under section 171 or 172 of the Fisheries (Consolidation) Act 1959 is liable, in lieu of the penalties specified in section 25 of the Act of 1990—

(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.

Amendment of Water Supplies Act 1942.

112 .— The Water Supplies Act 1942 is amended—

(a) by substituting the following for section 2:

“Power of making proposal to take a supply of water.

2.— Whenever a sanitary authority desires to take from a source of water (whether within or without its sanitary district) a supply of water for the purpose of increasing, extending, or providing a supply of water under the Local Government (Sanitary Services) Acts 1878 to 2001, or the Water Services Act 2007, they may make, under and in accordance with this Act, a proposal for so taking such supply from such source of water.”,

(b) by substituting the following for section 13(1)(b):

“(b) to use such supply for the purpose of increasing, extending, or providing under the Local Government (Sanitary Services) Acts 1878 to 2001, or the Water Services Act 2007, a supply of water, and”,

and

(c) by substituting the following for section 23:

“Expenses of sanitary authority.

23.— Any expenses incurred by a sanitary authority under this Act for the purposes of increasing, extending or providing a supply of water under the Local Government (Sanitary Services) Acts 1878 to 2001, or the Water Services Act 2007, shall be raised and defrayed as part of the expenses incurred by such sanitary authority under any of those Acts for the said purpose.”.

Amendment of Local Government (Financial Provisions) (No. 2) Act 1983.

113.— The Local Government (Financial Provisions) (No. 2) Act 1983 is amended in section 1(1) (as amended by section 2 of the Local Government (Financial Provisions) Act 2000 ) by the substitution for the definition of “existing enactment” of the following definition:

“ ‘ existing enactment ’ means an enactment in force on, or at any time after the commencement of, this Act;”.

Amendment of Act of 2000.

114 .— The Act of 2000 is amended—

(a) in section 10, by substituting the following for subsection (2)(b):

“(b) the provision or facilitation of the provision of infrastructure including—

(i) transport, energy and communication facilities,

(ii) water supplies and waste water services (regard having been had to the water services strategic plan for the area made in accordance with the Water Services Act 2007),

(iii) waste recovery and disposal facilities (regard having been had to the waste management plan for the area made in accordance with the Waste Management Act 1996 ), and

(iv) any ancillary facilities or services;”,

and

(b) in section 180—

(i) in subsection (1) by substituting “service connections (within the meaning of the Water Services Act 2007)” for “drains” and “water mains” for “watermains”, and

(ii) in subsection (4) by substituting “service connections (within the meaning of the Water Services Act 2007)” for “drains” and “water mains” for “watermains”.

Amendment of Act of 2001.

115 .— The Act of 2001 is amended by substituting the following for Schedule 12:

“Section 63.

SCHEDULE 12

Acts of the Oireachtas: Functions of Local Authorities

PART 1

Responsibility primarily with the Minister

Air Pollution Act 1987

Building Control Act 1990

Control of Dogs Acts 1986 and 1992

Derelict Sites Act 1990

Dublin Docklands Development Authority Act 1997

Electoral Acts 1992 to 2004

Environmental Protection Agency Acts 1992 to 2007

Fire Services Acts 1981 and 2003

Housing Acts 1966 to 2004

Housing (Private Rented Dwellings) Acts 1982 and 1983

Licensing of Indoor Events Act 2003

Litter Pollution Acts 1997 to 2003

Local Authorities (Miscellaneous Provisions) Act 1936

Local Authorities (Mutual Assurance) Acts 1926 to 1935

Local Authorities (Officers and Employees) Acts 1926 to 1983

Local Authorities (Works) Act 1949

Local Elections Acts 1974 to 2004

Local Government Acts 1925 to 2007

Local Government (Collection of Rates) Act 1924

Local Government (Multi-Storey Buildings) Act 1988

Local Government (Rates) Act 1970

Local Government (Sanitary Services) Acts 1878 to 2001

Local Government (Superannuation) Act 1980

Local Government (Water Pollution) Acts 1977 to 2007

National Monuments Acts 1930 to 2004

Planning and Development Acts 2000 to 2007

Presidential Elections Acts 1992 to 2004

Protection of the Environment Act 2003

Seanad Electoral (Panel Members) Acts 1947 to 2001

Town Renewal Act 2000

Urban Renewal Acts 1986 and 1987

Urban Renewal Act 1998

Waste Management Acts 1996 to 2003

Water Services Act 2007

Water Supplies Act 1942

PART 2

Responsibility primarily with a Minister of the Government other than the Minister

Abattoirs Act 1988

Air-raid Precautions Acts 1939 and 1946

Animals Act 1985

Arterial Drainage Acts 1945 and 1995

Arts Act 2003

Canals Acts 1986 and 2005

Casual Trading Act 1995

Civil Defence Acts 1939 to 2002

Coast Protection Act 1963

Communications Regulation Act 2002

Control of Horses Act 1996

Coroners Acts 1962 and 2005

Dangerous Substances Acts 1972 and 1979

Dublin Transport Authority (Dissolution) Act 1987

Finance (Excise Duties) (Vehicles) Acts 1952 and 1960

Food Safety Authority of Ireland Act 1998

Foreshore Acts 1933 to 2005

Gaming and Lotteries Acts 1956 to 2003

Harbours Acts 1996 to 2005

Harbours Acts 1946 to 2005

Health Acts 1947 to 2006

Health (Fluoridation of Water Supplies) Act 1960

Intoxicating Liquor Act 2003

Local Authorities (Higher Education Grants) Acts 1968 to 1992

Local Authorities (Traffic Wardens) Acts 1975 and 1987

Malicious Injuries Acts 1981 and 1986

Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003

Pounds (Provision and Maintenance) Act 1935

Roads Acts 1993 to 2001

Road Traffic Acts 1961 to 2006

Safety, Health and Welfare at Work Act 2005

Social Welfare Acts

State Authorities (Public Private Partnership Arrangements) Act 2002

Údarás na Gaeltachta Acts 1979 to 1999

Universities Acts 1997 and 1999

Valuation Act 2001

Vocational Education Acts 1930 to 2001.”.

Amendment of Housing of the Working Classes Act 1885.

116.— The Housing of the Working Classes Act 1885 is amended by inserting the following new section after section 7:

“Interpretation of section 7.

7A.— Section 7 shall not be construed as providing a right for the receipt of water services in excess of that which may be construed from the Water Services Act 2007.”.