Next (PART 1 Preliminary and General )

30 2007

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Number 30 of 2007


WATER SERVICES ACT 2007


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations and construction.

2. Interpretation.

3. Commencement.

4. Repeals and revocation.

5. Directives.

6. Provision of information.

7. Obligation to give information on ownership.

8. Offences and penalties.

9. Prosecution of offences.

10. Cost of prosecutions.

11. Payment of certain fines to prosecuting authorities.

12. Obstruction.

13. Onus of proof.

14. Offences by bodies corporate.

15. Expenses of Minister.

16. Grants by Minister.

17. Schemes of financial assistance.

18. Regulations, orders and directions.

19. Service of notices.

20. Owners, occupiers, etc.

21. Powers of examination, investigation and survey.

22. Powers of authorised persons.

23. Time limits.

24. Records.

25. Register.

26. Provision of services.

27. Transfer or extension of functions.

28. Injunctive relief.

29. Immunity.

PART 2

General Functions

30. General functions of Minister.

31. Powers of a water services authority.

32. General functions of water services authorities in relation to provision of water services.

33. Connections to waterworks or waste water works.

34. Guidelines and codes of practice.

35. Guidelines and codes of practice in criminal proceedings.

36. Water services strategic plan.

37. Functions of Minister in relation to water services strategic plans.

38. Implementation of a water services strategic plan or any revision thereof.

39. Transfer of functions from sanitary authorities.

40. Joint provision of water services.

41. Installation of pipes.

42. Requirement to connect to waterworks or waste water works.

43. Connections.

44. Repairs to service connections.

45. Damage to pipes.

46. Obligations under other enactments.

47. Monitoring and inspection.

48. Consultation.

49. Map of works.

50. Agreement to take over proposed waterworks or waste water works.

51. Temporary interruption to water services.

52. Recovery of sums due.

PART 3

Water Supply

53. Misuse of water supplies.

54. General duties of an owner.

55. Connection to a water supply.

56. Conservation of water.

57. Pollution of water.

58. Taking samples of water.

59. Power to order the closure of a polluted water source.

PART 4

Waste Water

60. Maintenance of waste water works.

61. Waste water connections.

62. Nuisances in sewers, drainage of premises, etc.

63. Licensing of discharges to sewers.

64. Transitional arrangements.

65. Review of a licence under section 63.

66. Appeals in relation to sections 63 and 65.

67. Regulations for purpose of sections 63 and 66.

68. Sewage facilities for vessels, etc.

69. Power to declare drains to be sewers for certain purposes.

70. General duties of an owner or occupier.

PART 5

Meters

71. Interpretation(Part 5).

72. Provision of meters.

73. Meter performance.

74. Interference with meters.

PART 6

Rural Water Services

Chapter 1

General administrative provisions

75. National Rural Water Services Committee.

76. County rural water services committees.

77. Rural water services strategic plans.

Chapter 2

Supervision of water services

78. Responsibility of water services authorities.

79. Water services licences.

80. Determination of an activity as a licensable water services activity.

81. Grant of a water services licence.

82. Water services authority to be licensing authority.

83. Conditions attached to a water services licence.

84. Review of a water services licence.

85. Revocation of a water services licence.

86. Decision by a water services authority in relation to licences or licence applications.

87. Appeals in relation to sections 81, 83, 84 and 85.

88. Regulations for the purposes of this Chapter.

89. Contravention of a condition of a water services licence.

90. Related licences.

91. Take-over of the operation or management of a waterworks or waste water works on a temporary basis.

92. Through connection to services, etc.

PART 7

Acquisition Provisions

93. Power to acquire land, etc.

94. Extension of acquisition powers.

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

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

PART 8

Miscellaneous

Chapter 1

Miscellaneous provisions concerning provision of water services

97. Laying of water mains, sewers, service connections and related cables and wires.

98. Alteration of sewers and pipelines by other persons.

99. Policy directions by Minister.

100. Emergency Orders.

101. Non-application of certain statutes.

102. Enabling power.

103. Determination by the Board of fees for certain appeals.

104. Building over pipes.

105. Power to make and fix charges for non-domestic water services.

106. Regulations for the purpose of section 105.

Chapter 2

Miscellaneous amendments

107. Amendment of Act of 1992.

108. Amendment of Housing Finance Agency Act 1981.

109. Amendment of Act of 1977.

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

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

112. Amendment of Water Supplies Act 1942.

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

114. Amendment of Act of 2000.

115. Amendment of Act of 2001.

116. Amendment of Housing of the Working Classes Act 1885.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Discharge Pre-treatment Objectives


Acts Referred to

Abattoirs Act 1988

1988, No. 8

Air Pollution Act 1987

1987, No. 6

Air-raid Precautions Acts 1939 and 1946

Animals Act 1985

1985, No. 11

Arbitration Acts 1954 to 1998

Arterial Drainage Acts 1945 and 1995

Arts Act 2003

2003, No. 24

Bray Township Act 1866

29 & 30 Vic., c. 261

Building Control Act 1990

1990, No. 3

Canals Acts 1986 and 2005

Casual Trading Act 1995

1995, No. 19

Civil Defence Acts 1939 to 2002

Civil Liability Act 1961

1961, No. 41

Coast Protection Act 1963

1963, No. 12

Communications Regulation Act 2002

2002, No. 20

Control of Dogs Acts 1986 and 1992

Control of Horses Act 1996

1996, No. 37

Coroners Acts 1962 and 2005

Dangerous Substances Acts 1972 and 1979

Derelict Sites Act 1990

1990, No. 14

Dublin Corporation Waterworks Act 1861

24 & 25 Vic., c. 172

Dublin Corporation Waterworks Act 1874

37 & 38 Vic., c. 142

Dublin Docklands Development Authority Act 1997

1997, No. 7

Dublin Transport Authority (Dissolution) Act 1987

1987, No. 34

Electoral Acts 1992 to 2004

Environmental Protection Agency Act 1992

1992, No. 7

Environmental Protection Agency Acts 1992 and 2003

Equal Status Act 2000

2000, No. 8

European Communities Act 1972

1972, No. 27

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

Fire Services Acts 1981 and 2003

Fisheries Acts 1959 to 2006

Fisheries (Amendment) Act 1997

1997, No. 23

Fisheries (Consolidation) Act 1959

1959, No. 14

Food Safety Authority of Ireland Act 1998

1998, No. 29

Foreshore Acts 1933 to 2005

Gaming and Lotteries Acts 1956 to 2003

Harbours Acts 1946 to 2005

Harbours Acts 1996 to 2005

Health Acts 1947 to 2006

Health (Fluoridation of Water Supplies) Act 1960

1960, No. 46

Housing Acts 1966 to 2004

Housing Finance Agency Act 1981

1981, No. 37

Housing Finance Agency Acts 1981 to 1992

Housing (Miscellaneous Provisions) Act 2002

2002, No. 9

Housing of the Working Classes Act 1885

53 & 54 Vic., c. 70

Housing (Private Rented Dwellings) Acts 1982 and 1983

Intoxicating Liquor Act 2003

2003, No. 31

Licensing of Indoor Events Act 2003

2003, No. 15

Litter Pollution Acts 1997 to 2003

Local Authorities (Higher Education Grants) Acts 1968 to 1992

Local Authorities (Miscellaneous Provisions) Act 1936

1936, No. 55

Local Authorities (Mutual Assurance) Acts 1926 to 1935

Local Authorities (Officers and Employees) Acts 1926 to 1983

Local Authorities (Traffic Wardens) Acts 1975 and 1987

Local Authorities (Works) Act 1949

1949, No. 17

Local Elections Acts 1974 to 2004

Local Government Act 2001

2001, No. 37

Local Government Acts 1925 to 2006

Local Government (Collection of Rates) Act 1924

1924, No. 11

Local Government (Dublin) Act 1993

1993, No. 31

Local Government (Financial Provisions) Act 2000

2000, No. 6

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

1983, No. 21

Local Government (Multi-Storey Buildings) Act 1988

1988, No. 29

Local Government (Rates) Act 1970

1970, No. 2

Local Government (Sanitary Services) Act 1948

1948, No. 3

Local Government (Sanitary Services) Act 1962

1962, No. 26

Local Government (Sanitary Services) Acts 1878 to 2001

Local Government (Superannuation) Act 1980

1980, No. 8

Local Government (Water Pollution) Act 1977

1977, No. 1

Local Government (Water Pollution) Acts 1977 and 1990

Local Government (Water Pollution) (Amendment) Act 1990

1990, No. 21

Malicious Injuries Acts 1981 and 1986

Metrology Acts 1980 to 1998

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

2003, No. 39

National Monuments Acts 1930 to 2004

Organisation of Working Time Act 1997

1997, No. 20

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Planning and Development Act 2000

2000, No. 30

Planning and Development Acts 2000 to 2006

Pounds (Provision and Maintenance) Act 1935

1935, No. 17

Presidential Elections Acts 1992 to 2004

Protection of the Environment Act 2003

2003, No. 27

Public Health Acts Amendment Act 1890

53 & 54 Vic., c. 59

Public Health Acts Amendment Act 1907

7 Edw. 7, c. 53

Public Health (Ireland) Act 1878

41 & 42 Vic., c. 52

Public Health (Ireland) Act 1896

59 & 60 Vic., c. 54

Roads Act 1993

1993, No. 14

Roads Acts 1993 to 2001

Road Traffic Acts 1961 to 2006

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Seanad Electoral (Panel Members) Acts 1947 to 2001

State Authorities (Public Private Partnership Arrangements) Act 2002

2002, No. 1

Town Renewal Act 2000

2000, No. 18

Údarás na Gaeltachta Acts 1979 to 1999

Universities Acts 1997 and 1999

Urban Renewal Act 1998

1998, No. 27

Urban Renewal Acts 1986 and 1987

Valuation Act 2001

2001, No. 13

Vocational Education Acts 1930 to 2001

Waste Management Act 1996

1996, No. 10

Waste Management Acts 1996 to 2003

Water Rate Definition Act 1885

48 & 49 Vic., c. 34

Water Supplies Act 1942

1942, No. 1

Waterworks Clauses Act 1847

10 & 11 Vic., c. 17

Waterworks Clauses Act 1863

26 & 27 Vic., c. 93

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Number 30 of 2007


WATER SERVICES ACT 2007


AN ACT TO PROVIDE, IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROVISION OF WATER SERVICES; TO GIVE EFFECT TO CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES IN RESPECT OF THOSE SERVICES AND, IN ADDITION, TO MAKE PROVISION FOR MISCELLANEOUS AMENDMENTS TO THE LOCAL GOVERNMENT (WATER POLLUTION) ACTS 1977 AND 1990 AND THE FISHERIES (CONSOLIDATION) ACT 1959 AND THE ENVIRONMENTAL PROTECTION AGENCY ACT 1992 AND CERTAIN OTHER ENACTMENTS RELATING GENERALLY TO THE PROVISION OF WATER SERVICES AND TO PROVIDE FOR RELATED MATTERS.

[14th May, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: