Local Government (Water Pollution) Act, 1977

Water quality management plans.

15.—(1) A local authority may and, if so directed by the Minister, shall make a water quality management plan for any waters situated in its functional area or which adjoin that area.

(2) A plan under this section shall contain such objectives for the prevention and abatement of pollution of the waters the subject of the plan and such other provisions as appear to the local authority to be necessary.

(3) A plan under this section may be revised or replaced from time to time.

(4) A plan under this section may relate to the sea to such extent as the Minister, after consultation with the Minister for Fisheries, may approve.

(5) A plan under this section shall not contain any provision inconsistent with regulations under section 26.

(6) As soon as practicable after a plan under this section is made, revised or replaced, a copy of the plan as so made, revised or replaced shall be furnished by the local authority concerned to the Minister, to the Minister for Fisheries, to local authorities whose functional areas adjoin that of the authority making, revising or replacing the plan, to sanitary authorities and to boards of conservators in the functional area of that authority.

(7) The Minister may—

(a) require plans under this section by two or more local authorities to be co-ordinated in relation to matters and in a manner specified by him,

(b) require a local authority to revise a plan under this section in relation to matters and in a manner specified by him and at such intervals as he may direct, or to replace such a plan,

(c) direct two or more local authorities jointly to make, revise or replace a plan under this section,

and local authorities shall comply with any such requisition or direction.

(8) The making, revision or replacement of a plan under this section shall be a reserved function.

(9) Any dispute between two or more local authorities as to which of them shall make a plan under this section for any waters shall be determined by the Minister.

(10) The Minister may make regulations for the purpose of this section and, without prejudice to the generality of the foregoing, such regulations may provide for all or any of the following:

(a) the publication in newspapers circulating in the functional area of a local authority of notice that a plan under this section is proposed to be made, revised or replaced,

(b) a statement in such a notice indicating where and when a copy of the proposed plan may be inspected and that representations relating to the plan may be made to the local authority within a specified period.

(11) Any person may, in accordance with regulations under subsection (10), make representations to a local authority in relation to a plan proposed to be made, revised or replaced under this section, and every such representation shall be considered by the local authority, which may then, as it thinks fit, make, revise or replace the plan with or without amendment.