Local Government (Dublin) Act, 1993

Transfer of responsibility for supply of water in certain areas.

34.—(1) On and from the establishment day Dun Laoghaire-Rathdown County Council shall become and be responsible for the local water supply network in, and for the supply of water to consumers in, such districts as are designated and referred to as extra-municipal districts by section 10 of the Dublin Corporation Waterworks Act, 1861 and which are situate in its administrative county.

(2) (a) The city manager and the Dun Laoghaire-Rathdown county manager shall jointly make a scheme setting out proposals (including financial arrangements so far as considered appropriate) to provide for the transfer from the Corporation to the said county council of the local water supply network (including land, pipes, equipment and structures and other things and interests and rights associated therewith) in or related to such districts and in relation to the supply of water to the said network.

(b) The preparation of such scheme shall be commenced as soon as may be after the enactment of this Act by the city manager and the area manager so as to ensure that the scheme can be made as soon as possible thereafter and in any event not later than 6 months after the establishment day or such longer period as the Minister may allow.

(c) Such scheme shall be submitted to the Minister, who may having considered it, by regulations make appropriate provisions to give effect to or to facilitate the transfer.

(3) Without prejudice to the generality of subsection (2) (c), such regulations may include provisions—

(a) similar to any of those in the Third Schedule ,

(b) in relation to any matter related to, connected with or arising by reason of the transfer, and

(c) to adapt with appropriate modifications any provision of the Dublin Corporation Waterworks Act, 1861, the Local Government (Sanitary Services) Acts, 1878 to 1964 and any other enactment relating to the supply of water.

(4) Pending the coming into effect of a transfer pursuant to subsection (2) the Corporation shall continue to supply water to the said network and to maintain it on behalf of the said county council.

(5) For the avoidance of doubt it is hereby declared that the local water supply network (including land, pipes, equipment and structures and other things and rights associated therewith) in such districts of the county of South Dublin as are designated and referred to as extra municipal districts by section 10 of the Dublin Corporation Waterworks Act, 1861, and for which prior to the establishment day the county council had operational responsibility shall on that day vest in and become the responsibility of South Dublin County Council.