PART 7

Acquisition Provisions

Power to acquire land, etc.

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

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

(a) dam, weir or construction which interferes with the proper drainage or supply of water to its functional area, or the provision of water services by that water services authority,

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

(c) waterworks or part of a waterworks, or related accessories or right of access to them, or

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

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

Extension of acquisition powers.

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

(a) any authorised provider of water services, or

(b) a person providing water services jointly with or on behalf of—

(i) a water services authority, or

(ii) an authorised provider of water services.

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

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

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

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

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

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

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

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

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

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

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

(3) A water services authority may not acquire or take in charge all or part of a waterworks or waste water works which is located, in whole or in part, outside its functional area unless with the agreement of the water services authority in whose functional area the waterworks or waste water works, or part of it is situated.

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

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

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