Local Government (Water Pollution) Act, 1977

Provisions relating to certain contraventions under Act.

10.—(1) Where it appears to a local authority, the Minister for Fisheries or a board of conservators that a contravention of section 3 (1) or 4 (1) has occurred or is occurring, the authority, the Minister for Fisheries or the board may apply to the District Court for an order directing such person as may be named in the order to mitigate or remedy any effects of the contravention within such period and in such manner as may be specified in the order.

(2) A person who does not comply with an order under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £250 (together with, in the case of a continuing offence, a fine not exceeding £100 for every day on which the contravention is continued) or to imprisonment for a term not exceeding six months or, at the discretion of the court, to both such fine or fines and such imprisonment.

(3) An order under subsection (1) shall not be made without the person proposing to be named in the order being given an opportunity of being heard by the District Court, and may contain any terms and conditions as to the payment of costs as the court considers appropriate.

(4) Where a person does not comply with an order under subsection (1) within the period specified in the order a local authority may take any steps it considers necessary to mitigate or remedy any effects of the contravention and may recover the cost of such steps as a simple contract debt in a court of competent jurisdiction from the person named in the order.

(5) A local authority may serve on any person making, causing or permitting a discharge or entry in contravention of section 3 (1) or 4 (1) a notice in writing requiring the ceasing of the contravention within such period as may be specified in the notice and requiring mitigation or remedying of any effects of the contravention within such period and in such manner as may be so specified.

(6) Where a person does not comply with a notice under subsection (5) within the period specified in the notice, the local authority which served the notice may take any steps it considers necessary to prevent the entry or discharge or to mitigate or remedy any effects of the contravention and may recover the cost of such steps from the person on whom the notice is served as a simple contract debt in a court of competent jurisdiction on satisfying the court that that person is responsible for the contravention.

(7) An application may be made under subsection (1) and a notice served under subsection (5) whether or not there has been a prosecution under section 3 or section 4.

(8) An application under subsection (1) may be made to a justice of the District Court sitting within the District Court District in which the contravention occurs.

(9) A prosecution for an offence under this section may be taken by a local authority, a board of conservators or the Minister for Fisheries.