Local Government (Water Pollution) (Amendment) Act, 1990

Appeals in relation to sections 4 and 7 of Principal Act.

6.—(1) The following section shall be substituted for section 8 of the Principal Act:

“8.—(1) (a) A person may, before the expiration of such period as may be prescribed, appeal to An Bord Pleanála in relation to—

(i) the grant, refusal to grant or revocation of a licence under section 4,

(ii) the attachment of conditions or additional conditions to such a licence, or

(iii) the amendment or deletion of any condition attached to such a licence,

by a local authority.

(b) An act of a local authority referred to in paragraph (a) shall have effect—

(i) in case an appeal is not brought against it, upon the expiration of the period referred to in paragraph (a),

(ii) in case an appeal is brought against it and the final determination of the appeal does not set the act aside, in accordance with such final determination,

(iii) in case an appeal or appeals is or are brought against it and the appeal or appeals is or are withdrawn—

(I) if the period referred to in paragraph (a) has expired, upon such withdrawal, and

(II) if the period aforesaid has not expired, upon its expiry.

(2) An Bord Pleanála, after consideration of an appeal under this section, shall (as it thinks proper) allow or refuse the appeal and may give any direction consequent on its decision that it considers appropriate to the local authority concerned (including a direction that a specified condition be attached to the licence concerned or be amended or deleted) and a local authority shall comply with any such direction.”.

(2) Appeals brought under section 8 of the Principal Act and not finally determined upon the commencement of this section shall be continued and determined as if so brought after such commencement.