Liffey Reservoir Act, 1936

Making of bye-laws by the Corporation.

26.—(1) The Corporation may make bye-laws for all or any of the following purposes, that is to say:—

(a) preventing the pollution, fouling, or contamination of the water in the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement or in any service reservoir, conduit, aqueduct, or pipe constructed by the Corporation for containing or carrying water drawn by the Corporation from the said reservoir to be constructed by the Board;

(b) prohibiting the discharge of any poisonous, noxious or deleterious matter into any stream which flows, directly or indirectly, into the said reservoir to be constructed by the Board and prohibiting the discharge of any such matter into any lake or pond from or through which any such stream issues or flows;

(c) for the purpose of the prevention of contamination of the water in the said reservoir to be constructed by the Board, requiring the construction, use and maintenance of proper sewers and drains and prescribing the materials, size, and construction generally of such sewers and drains.

(2) Sections 219 to 223 of the Public Health (Ireland) Act, 1878 , shall apply to all bye-laws made by the Corporation under this section.

(3) Bye-laws made by the Corporation under this section shall apply to and be in force in the catchment area of the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement, but any such bye-law may be made applicable to a specified part only of such catchment area.

(4) A copy of every bye-law made by the Corporation under this section shall, before such bye-law is submitted to the Minister for Local Government and Public Health for confirmation, be served on the Board and on the sanitary authority of every sanitary district to which or to any part of which such bye-law is intended to apply, and the said Minister shall, before confirming such bye-laws, consider all (if any) representations which may be made by the Board or any such sanitary authority in regard thereto.

(5) Whenever the rights of the owner or the occupier of or any other person interested in any lands or premises in the area of application of a bye-law made by the Corporation under this section are injuriously affected by the restrictions imposed by such bye-law, the Corporation shall pay compensation to such owner, occupier, or other person (as the case may be) and the right to and amount of such compensation shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired.