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30 2007

Water Services Act 2007

PART 3

Water Supply

Misuse of water supplies.

53.— (1) A person who—

(a) makes or causes or permits a connection to be made to a water supply provided by a water services authority, otherwise than with the agreement of the relevant water services authority and in compliance with any conditions attaching to that agreement, or

(b) dishonestly uses, or causes to be diverted for dishonest use, or permits the dishonest use of any water supplied by a water services authority, or

(c) wilfully wastes or permits wastage of any water supplied by a water services authority to a material extent,

commits an offence.

(2) For the purposes of subsection (1) an act is done by a person dishonestly if the person does the act without claim of legal right.

(3) In this section “water services authority” includes also an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.

General duties of an owner.

54.— (1) The owner of a premises shall ensure that the internal distribution system of the premises is sufficient for, and maintained in such condition, as to ensure that water intended for human consumption meets prescribed quality requirements at the tap or taps used for such purposes.

(2) The owner of a premises shall ensure that the distribution system of the premises, and all taps connected to it are maintained in such condition as to ensure that water does not leak from the distribution system or any taps connected to it, and shall be responsible for its repair and renewal, save in the circumstances provided for in subsection (4).

(3) A water services authority may, and shall on request from an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services in relation to a matter affecting a waterworks under his or her control, by notice direct the owner of a premises to undertake such remedial action as may be specified in the notice, for the purpose of his or her compliance with subsection (1) or (2).

(4) A water services authority may—

(a) in lieu of issuing a notice under subsection (3), or

(b) in the event of failure by a person to whom a notice has been served under subsection (3), to comply with that notice,

execute such works as it considers necessary in the first instance, for the purpose of facilitating compliance with subsection (1) or (2), and may recover the costs of such works, or the costs of any investigations or enforcement undertaken by it for the purposes of this section, from the owner of a relevant premises.

(5) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, such regulations may include provisions in relation to—

(a) the action to be carried out under a notice under subsection (3),

(b) the time limit by which action directed to be carried out under a notice must be completed,

(c) the quality of materials and workmanship to be employed in any remedial action under a notice issued under subsection (3),

(d) powers of entry and investigation by authorised persons,

(e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with subsection (1) or (2) or enforcement of a notice issued under subsection (3),

(f) work standards and specifications for materials and fittings to be used in connection with work to which this section applies, or

(g) any incidental and ancillary matters.

(6) A person who—

(a) contravenes subsection (1) or (2),

(b) fails to comply with a notice under subsection (3), or

(c) contravenes a regulation made under this section,

commits an offence.

Connection to a water supply.

55 .— (1) (a) A person who—

(i) causes or permits the connection of a premises to a water supply of a water services provider, either directly or indirectly, or

(ii) otherwise takes such a supply,

without the agreement of the water services provider, commits an offence.

(b) For the purposes of paragraph (a), and without prejudice to subsection (5), the agreement of a water services authority under this subsection may be made the subject of such conditions as the water services authority may specify.

(c) In considering whether to agree to a connection under this section, a water services authority shall be entitled to take into account the matters referred to in paragraph 1 of the Fourth Schedule to the Act of 2000 in so far as they may apply to the provision of water supplies by it or another person acting jointly with it or on its behalf.

(2) It is a defence to a prosecution for an offence committed under subsection (1) to prove that the connection was made in accordance with a direction under section 92 .

(3) Without prejudice to subsection (5), where a notice under section 42 (2) takes effect in relation to any premises, agreement to a subsequent connection to a related waterworks shall be deemed to have been given for the purposes of compliance with subsection (1).

(4) Without prejudice to subsection (5), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waterworks for the purposes of this section, subject to such conditions as the water services authority may require, consistent with its functions under this section.

(5) (a) As a condition to the agreement of a water services authority to the connection of a premises to water supplies which are provided, or to be provided, by the water services authority or any person providing water services jointly with it or on its behalf, the water services authority may, in its absolute discretion and for the purposes of this section, require—

(i) that the length or overall capacity of the service connection, or such related pipes or accessories as it considers necessary, be increased to such extent beyond technical requirements as it may specify so as to enable adjoining or other premises to be connected to a waterworks, but subject to the water services authority—

(I) paying for any consequential increase in the cost of providing and installing the service connection or related pipes or accessories, and

(II) taking the service connection or related pipes or accessories into its charge or otherwise entering into an agreement in relation to their future use with the person seeking its agreement to connect the premises to the said water services,

as if the requirement was a requirement under section 34(4)(m) of the Act of 2000, or

(ii) that the service connection, or such related pipes or accessories as it considers necessary, be opened for inspection or testing, or otherwise inspected or tested, by an authorised person.

(b) For the purposes of the application of section 34(4)(m) of the Act of 2000 to this subsection, a reference to a planning authority shall be deemed to include a reference to a water services authority.

(6) A connection to water services referred to in subsection (5) shall not be made until the authorised person is satisfied that—

(a) the service connection or related pipes or accessories are—

(i) of a proper standard,

(ii) have been installed correctly,

and

(b) a connection to the water services in question may be properly made.

(7) For the purposes of subsection (6), and subject to any regulations under subsection (9), an authorised person may—

(a) give such direction in relation to—

(i) standards of workmanship or working practices generally,

(ii) technical specifications, including levels, for the service connection or related pipes or accessories, or their installation, or

(iii) the completion of the connection,

as appears to him or her to be necessary to comply with relevant prescribed standards, and

(b) carry out such inspection or testing as he or she considers necessary to verify compliance with a direction under paragraph (a).

(8) A water services authority, or any person providing water services jointly with it or on its behalf, may—

(a) close a connection to its water services made in contravention of subsection (1), or a connection to water services referred to in subsection (5) which is made in contravention of subsection (6) or a direction under subsection (7), or

(b) without prejudice to any power to prosecute provided for under this section—

(i) agree to the retention of a connection referred to in paragraph (a) subject to such conditions as it may specify, and

(ii) carry out such work on the connection (including associated pipes and fittings) as it considers necessary to bring it up to a proper standard, or direct that such work be carried out by a specified person,

and may recover any expenses incurred under this subsection from the person who made or caused the connection to be made, or on whose behalf it was made, or such other person who derives benefit from the connection.

(9) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, the regulations may include provisions in relation to—

(a) standards of workmanship or working practices,

(b) specifications for relevant materials and fittings, or

(c) any incidental and related matters.

(10) A water services authority may recover any expenses incurred by it in relation to its functions under this section from the person who is making or has made the relevant connection, or on whose behalf it is being or was made.

(11) A person who—

(a) makes a connection referred to in subsection (5) in contravention of subsection (6) or a direction under subsection (7), or

(b) contravenes a regulation under subsection (9),

commits an offence.

Conservation of water.

56 .— (1) For the purposes of conserving water, where an authorised person has reason to believe that the management, consumption or other use of water on a premises allows water to be wasted or fails to prevent water from being wasted or consumed in excessive amounts, he or she may by notice direct the owner or occupier of the premises to take such corrective action (including installation, repair or replacement of specified pipes, valves or meters and other accessories, or change in operating practice in relation to the management or use of water) as the authorised person considers necessary.

(2) An authorised person may by notice direct the owner or occupier of a premises to limit consumption of water supplied by a water services authority to the premises to such rate or quantity as may be specified in the notice.

(3) Where an authorised person is of the opinion that an immediate risk to human health or the environment or to the integrity of a water service necessitates a reduction in consumption of water supplied, he or she may issue a notice (in this section referred to as an “emergency notice”), having immediate effect, directing the owner or occupier of a premises to limit consumption of water supplied by a water services authority to the premises to such rate or quantity as may be specified in the notice.

(4) A person who fails to comply with a notice under subsection (1), (2) or (3) commits an offence.

(5) A notice under subsection (1) or (2) or an emergency notice under subsection (3) may issue to such owners or occupiers of a premises, such classes of owners or occupiers of such classes of premises as the case may be, as the authorised person considers necessary for the purposes of this section.

(6) An emergency notice under subsection (3) may, notwithstanding section 19 , also be issued by—

(a) advertisement in a newspaper circulating in the area concerned,

(b) broadcast on a radio or television channel generally available in the area, or

(c) such other means as the Minister may direct.

(7) A person to whom a notice under subsection (1) or (2) applies may, within one month from the date of the notice, appeal to the District Court in relation to the notice, or any condition of the notice.

(8) On the hearing of any appeal under subsection (7), the District Court may make an order upholding the notice or giving such directions to the water services authority concerned as the Court thinks proper in relation to the notice, including its amendment or withdrawal.

(9) A notice under subsection (1) or (2) shall become enforceable—

(a) in case an objection is not made against it, upon the expiration of one month from the date of the notice,

(b) in case an appeal is brought against it and the determination of the appeal does not set the notice aside, upon and in accordance with such determination, or

(c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal or on expiration of one month from the date of the notice, whichever is the later.

(10) An emergency notice under subsection (3) shall become enforceable on the date for compliance specified in the notice.

(11) (a) Where there is a failure to comply with a notice under subsection (1) or (2) or an emergency notice under subsection (3) the authorised person who issued such a notice may, on the issue of a further notice to the owner or occupier of a premises, restrict or cut off the supply of water to some or all of the premises referred to in the notice until he or she is satisfied that the notice under subsection (1) or (2) or the emergency notice under subsection (3) has been complied with.

(b) Paragraph (a) applies—

(i) in addition to and not in substitution for other penalties or provisions applying to non-compliance with a notice under subsection (1) or (2) or an emergency notice under subsection (3),

(ii) without prejudice to any other of the functions of the authorised person, and

(iii) at the discretion of the authorised person.

(12) Liability shall not accrue to a water services authority arising from any consequence of the restriction or cutting off of a supply of water in accordance with subsection (11).

(13) The Minister may make regulations for any of the following purposes, namely:

(a) the form and method of serving of a notice or emergency notice;

(b) the duration of a notice or emergency notice;

(c) review of an emergency notice;

(d) the action to be carried out under a notice or emergency notice;

(e) the time limit by which action directed to be carried out under a notice or emergency notice must be completed;

(f) the minimum period of notice and other procedures to be followed before a water supply is restricted or cut off;

(g) the quality of materials and workmanship to be employed in any remedial action under a notice;

(h) the prevention of waste, undue consumption, misuse or contamination of water; or

(i) such incidental provisions as are necessary to ensure the effective application of this section.

(14) The Minister may make regulations for the purposes of water conservation and, without prejudice to the generality of the foregoing, such regulations may provide for 1 or more of the following:

(a) the specification of devices or systems to reduce demand for water in premises, and of obligations in relation to the design, installation or use of such devices or systems;

(b) the specification of obligations or technical requirements in relation to—

(i) the design, installation and use of devices or systems for collection, treatment or distribution of storm water or grey water,

(ii) the introduction of storm water or grey water into the distribution system of premises,

(iii) the redistribution of storm water or grey water for use for purposes other than human consumption;

(c) the specification of treatment standards for storm water or grey water, including different standards for different applications;

(d) the duties of owners or occupiers of premises in relation to conservation of water or waste water in the premises;

(e) the duties of water services providers in relation to conservation of water or waste water.

(15) (a) A person who contravenes a regulation under subsection (13) which is stated to be a penal regulation commits an offence.

(b) A person who contravenes a regulation under subsection (14) commits an offence.

(16) Where a water services authority is of the opinion that a serious deficiency of water available for distribution exists or is likely to exist in all or part of its functional area, either by itself or by another provider of water services, then it may by order, for a specified period, prohibit or restrict such class or classes of use, including use at specified times of the day, of any water supplied by it or the other provider of water services. Without prejudice to the generality of the foregoing, an order under this subsection may so prohibit or restrict the use of water—

(a) drawn through a hosepipe or similar apparatus for the purpose of—

(i) watering a garden,

(ii) watering recreational parks or sports grounds, either generally or any particular type of such park or ground,

(iii) irrigating or spraying crops, either generally or any particular type of crop, or

(iv) washing a mechanically propelled vehicle or a trailer,

(b) used for the provision of a commercial washing service for a vehicle or trailer, or

(c) used for filling or replenishing a swimming pool, artificial pond, lake or similar application.

(17) Before making an order under subsection (16) the relevant water services authority shall give public notice of its intention to make such order and the period for which the order will remain in force by—

(a) causing an advertisement to be published in a newspaper circulating in the area,

(b) causing notification of the proposed order to be broadcast on a radio or television channel available in the area, or

(c) such other means as the Minister may direct.

(18) A person who contravenes an order under subsection (16) commits an offence.

(19) An authorised person or a member of the Garda Síochána who has reasonable grounds for believing that a person is committing or has committed an offence under subsection (18), may request that person to furnish his or her name and address to such authorised person or member.

(20) A person who, when requested to furnish his or her name or address to an authorised person or member of the Garda Síochána under subsection (19), fails to do so, or when so requested furnishes a name and address which is false or misleading commits an offence.

(21) Where a member of the Garda Síochána is of the opinion that an offence under subsection (20) is being or has been committed, then the member may arrest that person without warrant.

(22) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under subsection (18), he or she may give to such person a notice in the prescribed form stating that—

(a) the person is alleged to have committed the offence,

(b) the person may during the period of 21 days beginning on the date of the notice make to the water services authority specified in the notice a payment, accompanied by the notice, of an amount, being a fixed amount of €125, and

(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(23) Where a notice is given under subsection (22), then—

(a) a person to whom the notice applies may, during the period specified in the notice, make to the water services authority specified in the notice the payment specified in the notice, accompanied by the notice,

(b) the water services authority shall receive the payment and issue a receipt for it and may retain the money so paid to offset costs incurred by it in the course of performing its functions under this Act, and no payment so received shall in any circumstances be recoverable by the person who made it, and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(24) In a prosecution of an offence referred to in subsection (18), the onus of showing that a payment pursuant to a notice under subsection (22) has been made shall lie with the accused.

(25) In this section—

“ grey water ” means domestic waste water excluding that which is flushed from a toilet bowl or urinal;

“ water services authority ”, other than in subsections (16), (17) and (23), includes—

(a) an authorised provider of water services, and

(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.

Pollution of water.

57.— A person who causes or permits water in any waterworks or service connection to become polluted commits an offence.

Taking samples of water.

58.— (1) A water services authority may, for the purposes of analysis, take samples from—

(a) any water supply, whether public or private, serving any part of its functional area, and

(b) a water supply referred to in section 32 (10).

(2) Where, on analysis of samples of water taken by a water services authority, it is found that the water constitutes a potential danger to human health, the water services authority shall, as soon as possible—

(a) ensure that—

(i) the supply of affected water is prohibited, or

(ii) the use of affected water is restricted,

or

(b) ensure that—

(i) subject to regulations under section 32 , such other necessary action, including remedial action, is taken to protect human health and to restore the quality of the supply to such prescribed standards as apply to the water supply concerned,

(ii) users are promptly informed of the potential danger and given any necessary advice, and

(iii) except where the extent of non-compliance with prescribed quality standards is considered by the water services authority not to be material in the circumstances, users are notified promptly of any remedial action taken.

(3) A water services authority may issue a notice for the purposes of this section, which, where it is addressed to users, may also—

(a) be given to such classes of users as the authority considers necessary, and

(b) notwithstanding section 19 , be issued by—

(i) advertisement in a newspaper circulating in the area,

(ii) being broadcast on a radio or television channel generally available in the area,

(iii) being made available on the internet, or

(iv) such other manner as the Minister may direct.

(4) A person who contravenes a requirement of a notice under this section commits an offence.

Power to order the closure of a polluted water source.

59.— (1) Where a water services authority becomes aware that water from any source, whether surface water or groundwater or treated water, which is intended for human consumption constitutes a potential danger to human health, it may serve a notice, either on the owner or person having charge of that supply of water, requiring that person, as appropriate, to—

(a) shut down the water source in question,

(b) cease supplying water from that source, or

(c) take specified remedial action to restore water quality to the satisfaction of the water services authority before continuing to take or provide a supply of water from that source.

(2) A person who fails to comply with a requirement of a notice under subsection (1) commits an offence.