Water Services Act 2007

Abattoirs Act 1988	1988, No. 8
Air Pollution Act 1987	1987, No. 6
Air-raid Precautions Acts 1939 and 1946
Animals Act 1985	1985, No. 11
Arbitration Acts 1954 to 1998
Arterial Drainage Acts 1945 and 1995
Arts Act 2003	2003, No. 24
Bray Township Act 1866	29 & 30 Vic., c. 261
Building Control Act 1990	1990, No. 3
Canals Acts 1986 and 2005
Casual Trading Act 1995	1995, No. 19
Civil Defence Acts 1939 to 2002
Civil Liability Act 1961	1961, No. 41
Coast Protection Act 1963	1963, No. 12
Communications Regulation Act 2002	2002, No. 20
Control of Dogs Acts 1986 and 1992
Control of Horses Act 1996	1996, No. 37
Coroners Acts 1962 and 2005
Dangerous Substances Acts 1972 and 1979
Derelict Sites Act 1990	1990, No. 14
Dublin Corporation Waterworks Act 1861	24 & 25 Vic., c. 172
Dublin Corporation Waterworks Act 1874	37 & 38 Vic., c. 142
Dublin Docklands Development Authority Act 1997	1997, No. 7
Dublin Transport Authority (Dissolution) Act 1987	1987, No. 34
Electoral Acts 1992 to 2004
Environmental Protection Agency Act 1992	1992, No. 7
Environmental Protection Agency Acts 1992 and 2003
Equal Status Act 2000	2000, No. 8
European Communities Act 1972	1972, No. 27
Finance (Excise Duties) (Vehicles) Acts 1952 and 1960
Fire Services Acts 1981 and 2003
Fisheries Acts 1959 to 2006
Fisheries (Amendment) Act 1997	1997, No. 23
Fisheries (Consolidation) Act 1959	1959, No. 14
Food Safety Authority of Ireland Act 1998	1998, No. 29
Foreshore Acts 1933 to 2005
Gaming and Lotteries Acts 1956 to 2003
Harbours Acts 1946 to 2005
Harbours Acts 1996 to 2005
Health Acts 1947 to 2006
Health (Fluoridation of Water Supplies) Act 1960	1960, No. 46
Housing Acts 1966 to 2004
Housing Finance Agency Act 1981	1981, No. 37
Housing Finance Agency Acts 1981 to 1992
Housing (Miscellaneous Provisions) Act 2002	2002, No. 9
Housing of the Working Classes Act 1885	53 & 54 Vic., c. 70
Housing (Private Rented Dwellings) Acts 1982 and 1983
Intoxicating Liquor Act 2003	2003, No. 31
Licensing of Indoor Events Act 2003	2003, No. 15
Litter Pollution Acts 1997 to 2003
Local Authorities (Higher Education Grants) Acts 1968 to 1992
Local Authorities (Miscellaneous Provisions) Act 1936	1936, No. 55
Local Authorities (Mutual Assurance) Acts 1926 to 1935
Local Authorities (Officers and Employees) Acts 1926 to 1983
Local Authorities (Traffic Wardens) Acts 1975 and 1987
Local Authorities (Works) Act 1949	1949, No. 17
Local Elections Acts 1974 to 2004
Local Government Act 2001	2001, No. 37
Local Government Acts 1925 to 2006
Local Government (Collection of Rates) Act 1924	1924, No. 11
Local Government (Dublin) Act 1993	1993, No. 31
Local Government (Financial Provisions) Act 2000	2000, No. 6
Local Government (Financial Provisions) (No. 2) Act 1983	1983, No. 21
Local Government (Multi-Storey Buildings) Act 1988	1988, No. 29
Local Government (Rates) Act 1970	1970, No. 2
Local Government (Sanitary Services) Act 1948	1948, No. 3
Local Government (Sanitary Services) Act 1962	1962, No. 26
Local Government (Sanitary Services) Acts 1878 to 2001
Local Government (Superannuation) Act 1980	1980, No. 8
Local Government (Water Pollution) Act 1977	1977, No. 1
Local Government (Water Pollution) Acts 1977 and 1990
Local Government (Water Pollution) (Amendment) Act 1990	1990, No. 21
Malicious Injuries Acts 1981 and 1986
Metrology Acts 1980 to 1998
Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003	2003, No. 39
National Monuments Acts 1930 to 2004
Organisation of Working Time Act 1997	1997, No. 20
Petty Sessions (Ireland) Act 1851	14 & 15 Vic., c. 93
Planning and Development Act 2000	2000, No. 30
Planning and Development Acts 2000 to 2006
Pounds (Provision and Maintenance) Act 1935	1935, No. 17
Presidential Elections Acts 1992 to 2004
Protection of the Environment Act 2003	2003, No. 27
Public Health Acts Amendment Act 1890	53 & 54 Vic., c. 59
Public Health Acts Amendment Act 1907	7 Edw. 7, c. 53
Public Health (Ireland) Act 1878	41 & 42 Vic., c. 52
Public Health (Ireland) Act 1896	59 & 60 Vic., c. 54
Roads Act 1993	1993, No. 14
Roads Acts 1993 to 2001
Road Traffic Acts 1961 to 2006
Safety, Health and Welfare at Work Act 2005	2005, No. 10
Seanad Electoral (Panel Members) Acts 1947 to 2001
State Authorities (Public Private Partnership Arrangements) Act 2002	2002, No. 1
Town Renewal Act 2000	2000, No. 18
Údarás na Gaeltachta Acts 1979 to 1999
Universities Acts 1997 and 1999
Urban Renewal Act 1998	1998, No. 27
Urban Renewal Acts 1986 and 1987
Valuation Act 2001	2001, No. 13
Vocational Education Acts 1930 to 2001
Waste Management Act 1996	1996, No. 10
Waste Management Acts 1996 to 2003
Water Rate Definition Act 1885	48 & 49 Vic., c. 34
Water Supplies Act 1942	1942, No. 1
Waterworks Clauses Act 1847	10 & 11 Vic., c. 17
Waterworks Clauses Act 1863	26 & 27 Vic., c. 93

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Number 30 of 2007

WATER SERVICES ACT 2007

AN ACT TO PROVIDE, IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROVISION OF WATER SERVICES; TO GIVE EFFECT TO CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES IN RESPECT OF THOSE SERVICES AND, IN ADDITION, TO MAKE PROVISION FOR MISCELLANEOUS AMENDMENTS TO THE LOCAL GOVERNMENT (WATER POLLUTION) ACTS 1977 AND 1990 AND THE FISHERIES (CONSOLIDATION) ACT 1959 AND THE ENVIRONMENTAL PROTECTION AGENCY ACT 1992 AND CERTAIN OTHER ENACTMENTS RELATING GENERALLY TO THE PROVISION OF WATER SERVICES AND TO PROVIDE FOR RELATED MATTERS.

[14th May, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Short title, collective citations and construction.

1.— (1) This Act may be cited as the Water Services Act 2007.

(2) The Environmental Protection Agency Acts 1992 and 2003, section 107 and this subsection may be cited together as the Environmental Protection Agency Acts 1992 to 2007, and shall be read together as one.

(3) The Housing Finance Agency Acts 1981 to 1992, section 108 and this subsection may be cited together as the Housing Finance Agency Acts 1981 to 2007, and shall be read together as one.

(4) The Local Government (Water Pollution) Acts 1977 and 1990, sections 109 and 110 and this subsection may be cited together as the Local Government (Water Pollution) Acts 1977 to 2007, and shall be read together as one.

(5) The Fisheries Acts 1959 to 2006, section 111 and this subsection may be cited together as the Fisheries Acts 1959 to 2007, and shall be read together as one.

(6) The Planning and Development Acts 2000 to 2006, section 114 and this subsection may be cited together as the Planning and Development Acts 2000 to 2007, and shall be read together as one.

(7) The Local Government Acts 1925 to 2006, sections 13 and 115 and this subsection may be cited together as the Local Government Acts 1925 to 2007, and shall be read together as one.

Interpretation.

2.— (1) In this Act, except where the context otherwise requires—

“ abstraction ”, in relation to water contained in any source of water, means the doing of anything whereby any of that water is removed from that source of water, whether temporarily or permanently, including anything whereby the water is so removed for the purpose of being transferred to another source of water;

“Act of 1962” means Local Government (Sanitary Services) Act 1962 ;

“ Act of 1977” means Local Government (Water Pollution) Act 1977 ;

“ Act of 1990 ” means Local Government (Water Pollution) (Amendment) Act 1990 ;

“ Act of 1992 ” means Environmental Protection Agency Act 1992 ;

“ Act of 1996 ” means Waste Management Act 1996 ;

“ Act of 2000 ” means Planning and Development Act 2000 ;

“ Act of 2001 ” means Local Government Act 2001 ;

“ accessories ”, in relation to a waterworks, waste water works, water main, sewer or other pipe, includes any manholes, ventilating shafts, inspection chambers, overflow weirs or chambers, valves, tanks, sluices, culverts, wash-out pipes or stopcocks for them, or any machinery or other apparatus which is designed or adapted for use in connection with the use or maintenance of the waterworks, waste water works, main, sewer or other pipe or of another accessory;

“ Agency ” means the Environmental Protection Agency;

“ agriculture ” includes horticulture, apiculture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including pigs, poultry and any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the training of horses and the rearing of bloodstock, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds and the making and storage of silage;

“ aquaculture ” has the same meaning as it has in the Fisheries (Amendment) Act 1997 ;

“ authorised person ” means a person who is—

(a) appointed in writing by the Minister, a water services authority or such other person as may be prescribed to be an authorised person for the purposes of this Act or any part or section of it, or

(b) appointed in writing to be an authorised person by regulations under this Act by a person specified in those regulations;

“ authorised provider of water services ”, or any similar construction, means a holder of a licence under Part 6 , Chapter 2 or a person to whom section 79 (4) applies;

“ Board ” means An Bord Pleanála;

“ charge ”, except where the context otherwise requires, includes fee;

“ development ” has the meaning assigned to it by section 3 of the Act of 2000;

“ development plan ” means a development plan adopted under section 9(1) of the Act of 2000;

“ distribution system ” means a pipe and its related fittings, that is used, or to be used as the case may be, to convey water into or through one or more premises (including any related internal or external taps), other than—

(a) a service connection,

(b) where it is owned by, vested in or controlled by—

(i) a water services authority,

(ii) an authorised provider of water services, or

(iii) a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services,

and in the case of water used in manufacturing, including food or drinks production, includes the point where water is used in the undertaking;

“ domestic waste water ” means waste water of a composition and concentration (biological and chemical) normally discharged by a household, and which originates predominantly from the human metabolism or from day to day domestic type human activities, including washing and sanitation, but does not include fats, oils, grease or food particles discharged from a premises in the course of, or in preparation for, providing a related service or carrying on a related trade;

“ drain ” means a drainage pipe, or system of such pipes and related fittings for collection of waste water, that is not owned by, vested in or controlled by a water services authority, an authorised provider of water services, or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, and that is not a service connection, which is used, or to be used as the case may be, to convey waste water from one or more premises or to any waste water treatment system on a premises where the waste water is generated;

“ enactment ” means an Act, Statute or Statutory Instrument or any portion of an Act, Statute or Statutory Instrument;

“ EU Water Framework Directive ” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for community action in the field of water policy 1 ;

“ groundwater ” means all water below the land surface that is not in a pipe or similarly contained;

“ internal distribution system ” means that part of a distribution system, within the curtilage of a premises, which is used for the provision of water for human consumption or food or drinks production;

“ land ” includes any structure and any land covered with water (whether inland or coastal), any substratum of land and, in relation to the acquisition of land, any pipe running through, under or over land, or any interest or right in or over land (including an interest or right granted by or held from the person acquiring the land);

“ Minister ” means Minister for the Environment, Heritage and Local Government;

“ monitoring ” includes inspection, measurement, sampling or analysis, whether periodically or continuously;

“ network ” means the works forming the system for the distribution of water supply or for the collection of waste water;

“ occupier ” includes any person entitled to occupy a premises and any other person having, for the time being, control of the premises;

“ owner ” means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in his or her own right or as a trustee or agent for any other person, is entitled to receive the rent of the premises or, where the premises are not let at a rent, would be so entitled if they were so let;

“ parametric values ” has the same meaning as it has in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption 2 ;

“ pipe ” includes—

(a) any sewer, water main, service connection, drain, channel, culvert, drainage pipe, and

(b) any system of such pipes, accessories and related fittings, including meters,

that is used, designed or intended to be used to collect, store, distribute or measure water, waste water, domestic waste water or trade effluent;

“ polluter pays principle ” means the principle set out in Council Recommendation 75/436/Euratom, ECSC, EEC of 3 March, 1975 3 regarding cost allocation and action by public authorities on environmental matters;

“ premises ” includes any building, vessel, vehicle, structure or land (whether or not there are structures on the land and whether or not the land is covered with water), and any plant or related accessories on or under such land, or any hereditament of tenure, together with any out-buildings and curtilage;

“ prescribe ” means prescribe by regulations made by the Minister under this Act, and cognate words shall be construed accordingly;

“ public authority ” means:

(a) a Minister of the Government;

(b) a local authority within the meaning of the Act of 2001;

(d) a harbour authority within the meaning of the Harbours Acts 1946 to 2005;

(e) a harbour company under the Harbours Acts 1996 to 2005;

(f) the Health Service Executive;

(g) a board or other body (but not including a company under the Companies Acts) established by or under statute;

(h) a company under the Companies Acts, in which all the shares are held—

(i) by or on behalf of or jointly with a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board, company or other body referred to in paragraph (g) or subparagraph (i) or (ii),

(i) any other person as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act;

“ service connection ” means a water supply pipe or drainage pipe, together with any accessories and related fittings, extending from a waterworks or waste water works to the outer edge of the boundary to the curtilage of a premises, and used, or to be used as the case may be, for the purpose of connecting one or more premises with a waterworks or waste water works, and, where used or to be used for connecting more than one such premises it shall extend to the outer edge of the boundary to the curtilage of the premises which is furthermost from the said waterworks or waste water works;

“ sewage ” and “sewage effluent” have the meanings assigned to them by the Act of 1977;

“ sewer ” means drainage pipes and sewers of every description, including storm water sewers, owned by, vested in or controlled by a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, but does not include a drain or service connection;

“ source ” means any lake, pool, river, pond, stream, impoundment, spring or aquifer from which water is or at any time may be obtained;

“ storm water ” means run-off rainwater that enters any pipe;

“ structure ” means any building, erection, structure, excavation, or other thing constructed, erected, or made on, in or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situated;

“ surface water ” means all rainwater or other water that is not in a pipe, but is on the surface of the land;

“ technical requirements ”, in relation to a pipe and its fittings, means the appropriate capacity for the anticipated level of usage of the pipe, taking account of the standard sizes in which pipes and fittings are generally manufactured;

“ trade ” includes agriculture, aquaculture and any scientific research or experiment;

“ trade effluent ” means effluent from any works, apparatus, plant or drainage pipe used for the disposal to a waste water works of any liquid (whether treated or untreated), either with or without particles of matter in suspension therein, which is discharged from premises used for carrying on any trade or industry (including mining), but does not include domestic waste water or storm water;

“ treatment systems ” includes systems involving physical, chemical, biological or thermal processes, or combinations of processes, utilised for treatment of water or waste water, or the sludge derived therefrom;

“ urban waste water ” means domestic waste water or the mixture of domestic waste water with industrial waste water;

“ waste water ” means sewage, storm water or other effluent discharged, or to be discharged, to a drain, service connection or sewer;

“ waste water works ” means sewers and their accessories, and all other associated physical elements used for collection, storage or treatment of waste water, and any related land, which are owned by, vested in, controlled or used by any person providing or intending to provide water services;

“ water main ” means water supply pipes owned by, vested in or controlled by a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, but does not include pipes, fittings and appliances to which the words “distribution system” or “service connection” interpreted in this section apply;

“ water services ” means all services, including the provision of water intended for human consumption, which provide storage, treatment or distribution of surface water, groundwater or water supplied by a water services authority, or waste water collection, storage, treatment or disposal, but does not include—

(a) provision by a person of pipes and related accessories for the distribution of water, or collection of waste water, to facilitate the subsequent connection by a provider of water services of another person to a water supply or waste water collection service, and

(b) such other exemptions as the Minister may prescribe, for the purposes of the application of licensing provisions under Part 6 ;

“ water services authority ” means a County Council or a City Council as defined in the Act of 2001, and, subject to such exceptions as may be prescribed, and where the context permits, any references to a sanitary authority or local authority in any legislation, in so far as it relates to functions of that authority in relation to water services, shall be regarded as a reference to a water services authority;

“ waters ” has the meaning assigned to it by the Act of 1977;

“ waterworks ” means water sources, water mains and their accessories, and all other associated physical elements used for the abstraction, treatment, storage or distribution of water, and any related land, which are owned by, vested in, controlled or used by any person providing or intending to provide water services;

“ works ” except where the context otherwise requires includes waterworks and waste water works.

(2) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.

(3) A reference in this Act to the provision of a service shall be construed as including references to the rendering, the supply, the grant, the issue or provision otherwise of the service, and kindred words shall be construed accordingly.

Commencement.

3.— This Act comes into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Repeals and revocation.

4.— (1) The Acts specified in Schedule 1 are repealed to the extent specified in column 3 of that Schedule opposite the mention of the Act concerned.

(2) Article 9 of the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001 ) is revoked.

Directives.

5.— The purpose for which this Act is enacted includes giving effect to so much of the following as relates to water services:

(a) Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments 4 ;

(b) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment 5 ;

(c) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 6 ;

(d) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption 7 ;

(e) Commission Directive 98/15/EC of 27 February 1998 amending Council Directive 91/271/EEC with respect to certain requirements established in Annex 1 thereof 8 ;

(f) Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources 9 ;

(g) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment 10 ;

(h) Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture 11 ;

(i) Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances 12 ;

(j) Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community 13 .

Provision of information.

6.— (1) The Minister, a water services authority or any prescribed person may, for the purposes of discharging his or her or its functions under this Act, by notice in writing given to or served on a person who is—

(a) providing water services,

(b) making, causing or permitting a discharge to a drain, service connection or waste water works, or

require the person to keep such records or to give to the Minister, a water services authority or other prescribed person, in writing or otherwise as may be specified, within such period (being not less than 14 days) beginning on the date of the giving or serving of the notice as may be specified in the notice, such particulars as may be so specified in relation to any of those activities or practices, and such other information (if any) as he or she or it may consider necessary for the purposes of those functions.

(2) A person who—

(a) fails or refuses to comply with a requirement in a notice under this section,

(b) in purported compliance with such a requirement gives to the Minister, a water services authority or other prescribed body information that, to his or her knowledge, is false or is misleading in a material respect, or

(c) in relation to an application for a licence or consent, or to an application for financial assistance, or to the provision of any information required under this Act or any regulations thereunder provides information which is to his or her knowledge false or misleading,

commits an offence.

(3) Where a person is convicted of an offence under this section in relation to the provision of false or misleading information in connection with an application for a licence under this Act, any licence issued to that person consequent on the application to which the information was furnished shall stand revoked from the date of the conviction.

(4) Without prejudice to section 19 (1)(f), the Minister may make regulations in relation to the provision of information or documents in electronic form by any person for the purposes of this Act.

(5) Without prejudice to the generality of subsection (4), regulations under this section may—

(a) provide for—

(i) specification of the circumstances in which information or documents may be provided in electronic form,

(ii) related technical and procedural requirements,

(iii) consent to the giving or receipt of information in electronic form,

(iv) retention and reproduction of information or documents given in electronic form, or

(v) related and ancillary matters, and

(b) apply to a particular class or classes of information or document, or for a particular period.

(6) Subsection (4) applies without prejudice to any other enactment requiring or permitting documents or other information to be given, retained or produced, as the case may be, in accordance with specified procedural requirements or particular information technology.

(7) In this section, “electronic form” means information that is generated, communicated, processed, sent, received, recorded, stored or displayed by electronic means and is capable of being used to make a legible copy or reproduction of that communicated information, but does not include information communicated in the form of speech and such electronic means includes electrical, digital, magnetic, optical, electro-magnetic, biometric, photonic and any other form of related technology.

Obligation to give information on ownership.

7.— (1) A water services authority or other prescribed person may for any purposes connected with this Act, by notice in writing, require the occupier of any land or any person receiving, whether for himself or herself or for another, rent from any land to inform it or him or her within a specified period ending not less than 14 days after being so required, of particulars of—

(a) the estate,

(b) interest or right by virtue of which he or she occupies such land or receives such rent, as the case may be, and

(c) the name and address (so far as known to him or her) of every person who to his or her knowledge has an estate or interest in or right over or in respect of such land.

(2) A person who is required to provide any particulars under subsection (1) who—

(a) fails to provide those particulars within the specified period, or

(b) when stating such particulars makes a statement which to his or her knowledge is false or misleading in a material respect,

commits an offence.

Offences and penalties.

8.— (1) A person who commits an offence under section 19 (4) or 56 (20) is liable on summary conviction to a fine not exceeding €100.

(2) A person who commits an offence under section 7 (2), 30 (7)(b), 30 (10), 42 (9)(a), 43 (17), 45 , 49 (6), 56 (4), 56 (15), 56 (18), 62 (8), 72 (6), 74 (4)(b), 80 (6) or 104 (12) is liable on summary conviction to a fine not exceeding €5,000.

(3) A person who commits an offence under section 6 (2), 33 (3), 53 (1), 55 (1)(a), 55 (11), 61 (1)(a), 61 (2), 61 (12), 63 (12)(a), 74 (1) or 74 (3) is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both.

(4) A person who commits an offence under section 12 (1), 22 (7), 31 (15), 31 (20), 32 (5), 54 (6), 57 , 58 (4), 59 (2), 60 (2), 63 (11), 63 (17), 69 (7), 70 (10) or 79 (5) is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.

(5) In imposing any penalty under subsection (2), (3) or (4), the court shall, in particular, have regard to the risk or extent of injury to human health or the environment arising from the act or omission constituting the offence, and to the polluter pays principle.

(6) Subject to subsection (7), a court of competent jurisdiction may order up to the limit of its jurisdiction that a person guilty of an offence under this Act, in addition to any penalty imposed by the court in accordance with this section, shall carry out all necessary remedial works directed by the court to be necessary towards making good any damage caused by the offence.

(7) If the person who brought the prosecution is willing to undertake some or all of the necessary remedial work, and indicates this to the court, the court may order that the person may do that work, or arrange for it to be carried out on behalf of or jointly with that person, in lieu of the convicted party, and that the cost of the work, undertaken by the person who brought the prosecution, and agreed by the court to have been necessary work towards making good the damage caused by the offence, shall be payable by the convicted party.

Prosecution of offences.

9.— (1) Summary proceedings for an offence under this Act may be brought by a water services authority (whether or not the offence is committed in its functional area).

(2) Notwithstanding subsection (1), the Minister may, by regulations, provide that summary proceedings for an offence specified in the regulations may be brought by such person (including the Minister) as is so specified.

(3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for any offence under this Act may be commenced—

(a) at any time within 12 months from the date on which the offence was committed,

(b) if, at the expiry of that period, the person against whom the proceedings are to be brought is outside the State, within 6 months of the date on which he or she next enters the State, or

(c) at any time within 6 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings, comes to that person’s knowledge,

whichever is the later, provided that no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed.

(4) For the purpose of this section, a certificate signed by or on behalf of or jointly with the person bringing the proceedings as to the date on which evidence relating to the offence concerned came to his or her knowledge shall be prima facie evidence and in any legal proceedings a document purporting to be a certificate issued for the purpose of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate.

(5) Where two or more persons are liable by virtue of this Act for the same damage, they shall be liable jointly and severally as concurrent wrongdoers within the meaning of Part III of the Civil Liability Act 1961 .

Cost of prosecutions.

10.— (1) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to—

(a) a water services authority, or

(b) another person,

the costs and expenses, measured by the court, incurred by the water services authority or other person in relation to the investigation, detection or prosecution of the offence.

(2) Costs and expenses referred to in subsection (1) may include costs and expenses incurred in relation to any one or more of the following:

(a) the taking of samples;

(b) the carrying out of tests;

(d) the remuneration and other expenses of directors, employees, consultants and advisers.

Payment of certain fines to prosecuting authorities.

11.— (1) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, it shall, on the application of the water services authority which brought the prosecution, or person specified under regulations made under section 9 (2) as the case may be (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the water services authority or other person.

(2) Payment to be paid under subsection (1) may be enforced by the water services authority or person specified under regulations made under section 9 (2) as if it were due on foot of a decree or order made by the court in civil proceedings.

Obstruction.

12.— (1) A person who obstructs or interferes with—

(a) the exercise by a water services authority or any other prescribed person of powers vested in it or him or her under, or by virtue of, this Act, or

(b) the compliance by any person, including the owner or occupier of a premises, with the provisions of this Act or of any notice, direction or order issued under it,

commits an offence.

(2) The owner or occupier of a premises to which subsection (1)(b) applies may apply to a court of competent jurisdiction for an order against the person who is causing the obstruction or interference referred to in subsection (1) directing that person to cease the obstruction or interference complained of.

(3) An order under subsection (2), or the refusal of an order under that subsection, shall not affect any requirement or obligation under this Act on an owner or occupier or other relevant person.

Onus of proof.

13.— In any prosecution for an offence under this Act the onus of proving the existence of any licence or exemption shall be on the person seeking to avail of it.

Offences by bodies corporate.

14.— (1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

Expenses of Minister.

15.— The expenses incurred by the Minister in administering this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Grants by Minister.

16.— The Minister may, for the purposes of this Act, as he or she sees fit and in accordance with such conditions as he or she may determine, make grants out of moneys provided by the Oireachtas to—

(a) a water services authority,

(b) any person providing or intending to provide water services,

(d) an organisation which conducts research or provides information, advice or training related to water services, or

(e) any other person.

Schemes of financial assistance.

17.— (1) The Minister may, for the purposes of this Act, as he or she sees fit and in accordance with any regulations made under this section, make schemes of financial assistance to any person.

(2) The Minister may make regulations for the purposes of this section and, without prejudice to the generality of the foregoing, regulations under this section may provide for—

(a) the objective or purpose of a scheme,

(b) the appointment of an administrator of a scheme,

(d) the methods of determining financial assistance,

(e) the monitoring, reporting and accounting arrangements,

(f) application procedures,

(g) eligibility criteria,

(h) compliance with relevant taxation requirements,

(i) general administrative procedures,

(j) the recovery of payments of financial assistance, or

(k) any consequential or ancillary matters necessary for the proper functioning of a scheme.

(3) The Minister may make a scheme amending or revoking a scheme under this section.

Regulations, orders and directions.

18.— (1) The Minister may make regulations for the purposes of this Act, including regulations for prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.

(2) Regulations made under this Act may make different provisions, including provision for different requirements or exemptions, in relation to different areas, different circumstances, different classes of persons or water services or other activities.

(3) Without prejudice to any other provision of this Act, a regulation or order under this Act may provide for such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this Act with any provision of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any regulation or order made under it) as may appear to the Minister to be appropriate for the purposes of this Act or any regulations or order made under it.

(4) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Service of notices.

19.— (1) Any notice, or other document or thing, required to be served or given by, or under, this Act shall be addressed to the person concerned and served or given in any of the following ways:

(a) by addressing it to the person by name and delivering it to him or her;

(b) by leaving it at the address at which the person ordinarily resides or carries on business;

(c) by sending it by post in a prepaid registered letter addressed to him or her at the address at which he or she ordinarily resides or carries on business;

(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address;

(e) where the address at which the person ordinarily resides or carries on business cannot be ascertained by reasonable inquiry and the notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over 16 years of age resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises; or

(f) where there is a facility for receiving a copy of the notice by electronic mail or a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a copy of the notice by electronic mail or a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this subsection other than this paragraph.

(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge” as the case may be.

(3) For the purpose of this section a company registered under the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) A person who, at any time during the period of 3 months after a notice is affixed under subsection (1)(e) removes, damages or defaces the notice without lawful authority, commits an offence.

(5) Without prejudice to section 20 and for the purpose of a notice under section 43 (13), 92 (2) or 97 (1)—

(a) where the name of the person concerned cannot be ascertained by reasonable inquiry, the notice may be addressed (however expressed) to—

(i) the person who owns or has control over the land or pipe referred to in the notice, or

(ii) the person who is responsible for the maintenance, repair or renewal of the land or pipe referred to in the notice,

(b) where the address of any person to whom a notice under section 43 (13), 92 (2) or 97 (1) is directed cannot be ascertained by reasonable inquiry, then service of the notice may be effected by—

(i) publication of the notice in Iris Oifigiúil,

(ii) affixing a copy of the notice in a conspicuous position at or near the location at which the work referred to in the notice is to be carried out, and

(iii) publication of the notice in a newspaper circulating in the area in which the land or pipe referred to in the notice is located.

Owners, occupiers, etc.

20.— Whenever in any proceedings under this Act it is necessary to mention the occupier or owner of any premises it shall be sufficient to designate him or her as “occupier” or “owner” of the premises without further description.

Powers of examination, investigation and survey.

21.— A water services authority, and any other person who may be prescribed functions under the Act, shall have all such powers of examination, investigation and survey as may be necessary for the performance of their functions in relation to this Act.

Powers of authorised persons.

22.— (1) The Minister, or a water services authority, or such other person as may be prescribed, may appoint a person to be an authorised person for the purposes of this Act.

(2) An authorised person may, for any purpose connected with this Act—

(a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there is or may be a risk to human health or the environment arising from the carrying on of a water services activity at a premises, enter any premises and bring onto those premises such other persons (including a member of the Garda Síochána) or equipment as he or she may consider necessary, or

(b) at any time if he or she has reasonable grounds for suspecting there may be a risk to human health or the environment, or that an offence under this Act is being or is about to be committed, halt and board any vehicle and require the driver of the vehicle to take it to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person for such period as he or she may consider necessary, or

(c) enter and inspect any premises for the purposes of obtaining any information which the Minister, the water services authority or other prescribed person, as the case may be, may require, or of performing a function under this Act.

(3) An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this section unless he or she has obtained a warrant from the District Court under subsection (8) authorising such entry.

(4) Every authorised person shall be furnished with a certificate of his or her appointment and, when exercising any power conferred on him or her by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(5) Whenever an authorised person enters any premises or boards any vehicle, under this section, he or she may—

(a) take photographs and carry out inspections,

(b) carry out tests and take samples,

(d) carry out surveys, take levels, make excavations and carry out examinations of depth and nature of subsoil,

(e) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period of time as may be specified by the authorised person, which period—

(i) shall be no greater than reasonably necessary, and

(ii) may be extended from time to time by an authorised person where necessary for the purposes of subparagraph (i),

(f) require information from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises,

(g) require the production of, or inspect, records or documents, or take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any records or documents,

(h) examine works,

(i) carry out repairs or remedial works,

(j) replace or renew equipment,

(k) install or ascertain the course or condition of any sewer, drain, water main, distribution system, service connection or related accessories, or carry out maintenance, repairs or renewal on them, or

(l) carry out examinations to ascertain whether water supplied to the premises is being wasted, or consumed in excessive amounts relative to the purpose provided or used for purposes other than for which supplied,

which the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any function under this Act.

(6) (a) An authorised person who, having carried out enquiries in accordance with the powers provided under this section, considers that a water supply or waste water or any associated infrastructure at a premises constitutes a risk, or permits a risk to human health or the environment, may direct the owner or occupier of the premises to take such measures as are considered by that authorised person to be necessary to remove that risk.

(b) If the owner or occupier referred to in paragraph (a) fails to comply with a direction of an authorised person under this subsection, the authorised person may do all things as are necessary to ensure that the measures required under the direction are carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the owner or occupier by him or her, or the person by whom he or she was appointed.

(7) Any person who—

(a) refuses to allow an authorised person to enter any premises or board any vehicle or to bring any person or equipment with him or her in the exercise of his or her powers,

(b) obstructs or impedes an authorised person in the exercise of any of his or her powers,

(c) gives either to an authorised person, a relevant water services authority or the Board, information which is to his or her knowledge false or misleading in a material respect, or

(d) fails or refuses to comply with any direction or requirement of an authorised person,

commits an offence.

(8) (a) Where an authorised person in the exercise of his or her powers under this section is prevented from entering any premises, or if he or she has reason to believe that evidence related to a suspected offence under this Act may be present in any premises and that the evidence may be removed therefrom or destroyed, or if the authorised person has reason to believe that there is a significant immediate risk to human health or the environment, the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant under this subsection authorising the entry by the authorised person onto or into the premises.

(b) If, on application being made to the District Court under this subsection, the District Court is satisfied, on the sworn information of the authorised person that he or she has been prevented from entering a premises, the Court may issue a warrant authorising that person, accompanied, if the Court deems it appropriate by another authorised person or a member of the Garda Síochána, as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in subsection (5) or (6).

(9) An authorised person may, in the exercise of any power conferred on him or her by this Act involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Act, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána to whom he or she makes such a request shall comply with that request.

(10) An authorised person may enter on land for the purpose of assessing the suitability of the land for any activity, or for use in connection with any activity, authorised under this Act and that entry shall be subject to the relevant provisions of section 252 of the Act of 2000 as if it were an entry made under that section.

(11) The Minister may make regulations for the purpose of this section to provide for all or any of the following matters:

(a) the taking of samples and the carrying out of tests, examinations and analyses;

(b) the specification of the classes of persons to be responsible for taking samples and for the carrying out of tests, examinations and analyses;

(c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given; or

(d) any consequential or ancillary matters.

(12) Any certificate or other evidence given, or to be given, in respect of any test, examination or analysis of any sample shall, in relation to that sample, be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

Time limits.

23.— (1) Where a provision of this Act, or of any regulation made under this Act, or of any notice served under this Act, enables representations to be made, or requires documents, particulars or other information to be furnished, before the expiration of a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Organisation of Working Time Act 1997 ) or any other day on which the principal office of the water services authority concerned, or other prescribed person (as the case may be), is closed, the representations, documents, particulars or other information (as the case may be), shall be regarded as having been received before the expiration of that period if received by the water services authority or other prescribed person on the next following day on which the principal office of the water services authority, or other prescribed person, is open.

(2) In this section “representations” includes objections, submissions and observations.

Records.

24.— (1) A water services authority or any other person prescribed shall establish and maintain records for the purposes of this Act.

(2) The records referred to in subsection (1) may be established and maintained in a form that is not legible if they are capable of being converted into a legible form.

(3) In any proceedings taken under this Act a certificate signed by an authorised person and containing information stated to be taken from records maintained under this section by a water services authority or any other person prescribed shall be admissible as evidence of the facts stated in the certificate.

(4) In any proceedings a document purporting to be a certificate under subsection (3) shall be deemed to be such a certificate and to have been signed by an authorised person unless the contrary is shown.

(5) In any proceedings a document purporting to be a copy of a notice, order, licence or other record and to be certified by an authorised person to be a true copy of the notice, order, licence or other record shall be admissible as evidence of that notice, order, licence or record.

(6) The Minister may make regulations for the purposes of this section, including regulations to impose requirements to keep specified records made under this section and to provide for the format of those records.

25.— (1) A water services authority and any other person prescribed shall, as soon as may be after the commencement of this section, establish and maintain a register for the purposes of this Act, and shall enter in the register the entries and additions as may, from time to time, be prescribed.

(2) A register under this section shall be kept at the principal office of the water services authority concerned, or any other person prescribed, and shall be made available for inspection by any person during office hours.

(3) Where a request is made to a water services authority, or any other person prescribed, for a copy of an entry in the register maintained by it or him or her under this section, the water services authority, or other person prescribed, shall issue such a copy to the applicant on, if so required, the payment by the applicant of a fee of such an amount (not exceeding the reasonable cost of making the copy) as may be determined.

(4) Every document purporting to be a copy of an entry in a register maintained under this section by a water services authority, or other person prescribed, and purporting to be certified by an officer of the water services authority, or other person prescribed, to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was that officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(5) Evidence of an entry in a register under this section may be given by production of a copy of it certified under this section and it shall not be necessary to produce the register itself.

(6) A water services authority, or other person prescribed shall notify the Minister, or other person prescribed, in such manner and at such times as may be prescribed, of such particulars entered in a register maintained under this section as may be prescribed.

(7) (a) A water services authority or other person prescribed may keep a register under this section otherwise than in legible form so that the register is capable of being used to make a legible copy or reproduction of any entry in the register.

(b) References in this section to a copy of an entry in a register under this section shall be construed as including references to such a legible copy or reproduction.

(8) The Minister may make regulations to impose a requirement to record specified information for the purposes of this section and may prescribe the format of those records.

Provision of services.

26.— (1) For the purpose of enabling a water services authority or other person prescribed to perform their functions, the Minister may provide services (including services of staff) to the water services authority, or other person prescribed, on such terms and conditions (including payment for such services) as may be agreed and the water services authority or other person prescribed may avail of such services.

(2) A water services authority may provide services (including services of staff) to the Minister, another water services authority, or any other person, on such terms and conditions (including payment for such services) as may be agreed, and the Minister, the other water services authority or other person may avail of such services.

(3) A public authority may provide to the Minister, a water services authority, or any person prescribed, any services (including services of staff) required by the Minister or the water services authority, or other person prescribed, for the performance of any of his or her or its functions under this Act and on such terms and conditions (including payment for such services) as may be agreed and the Minister, water services authority or other person prescribed may avail of such services.

Transfer or extension of functions.

27.— (1) Subject to subsection (2), and provided that the Minister is satisfied that democratic accountability for the function concerned will be ensured, where the Minister is satisfied that—

(a) any function conferred on a water services authority by this Act could be effectively performed in lieu or in addition by the Minister, or other prescribed person,

(b) any function conferred on the Minister could be performed in lieu or in addition by a water services authority or other prescribed person,

the Minister may prescribe that the Minister, a water services authority or other person prescribed may perform the function with effect from a prescribed date.

(2) The Minister shall consult with the water services authority and any person prescribed for the purposes of this section before he or she makes regulations under subsection (1).

(3) Whenever regulations under subsection (1) are in operation in relation to a particular function, a reference in this Act or any other enactment to a water services authority shall, where appropriate, be construed as a reference to the Minister, or the person prescribed, as the case may be, and the function to which the regulations relate shall be a function of the Minister, or the person prescribed, as the case may be.

(4) Whenever regulations under subsection (1) are in operation in relation to a particular function, a reference in this Act, or any other enactment, to the Minister, shall, where appropriate, be construed as a reference to a water services authority, or other prescribed person, and the function to which the regulations relate shall be a function of the water services authority, or the person prescribed, as the case may be.

Injunctive relief.

28.— (1) Where, on application by a water services authority to the High Court, the Court is satisfied that a person has failed to comply with a requirement of or under this Act, and the failure has caused, or is likely to cause, a risk to human health or the environment, it may by order—

(a) direct the person to comply with the requirement, and

(b) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.

(2) An application for an order under this section shall be by motion, and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.

(3) An application for an order under this section may be made whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned and shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.

Immunity.

29.— (1) No action or other proceeding shall lie or be maintained against the Minister, a water services authority or other prescribed person for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused by—

(a) a failure to exercise any power conferred on the Minister, a water services authority or other prescribed person, by or under this Act or any regulations made under it, or

(b) a restriction of the provision of water services in a manner which is reasonable for the performance of any functions under the Act.

(2) Where the Minister, a water services authority or other person prescribed is satisfied that—

(a) an authorised person appointed by the Minister, that water services authority or that other person,

(b) an officer or employee of the Minister, of that water services authority or that other person, or

(c) a member of a committee or consultative group established by the Minister, that water services authority or that other person,

has carried out his or her duties in relation to the performance by the Minister, that water services authority or that other person of his or her or its functions under this Act in good faith—

(i) the Minister,

(ii) the water services authority, or

(iii) that other person,

as the case may be, shall indemnify the authorised person, officer or employee, or member of a committee or consultative group against all actions or claims howsoever arising in respect of the carrying out by him or her of his or her said duties.

PART 2

General Functions

General functions of Minister.

30.— (1) It shall be the general duty of the Minister to facilitate the provision of safe and efficient—

(a) water services, and

(b) water services infrastructure,

in accordance with relevant requirements of the Directives specified in section 5 in order to contribute to sustainable social and economic development and for that purpose the Minister shall have overall responsibility for the following:

(i) subject to section 58A (inserted by the Water Services Act 2007) of the Act of 1992, the supervision and monitoring of the performance by water services authorities of their functions under this Act;

(ii) the planning and supervision of investment programmes for the provision of water services; and

(iii) such other functions in relation to water services as may be prescribed.

(2) The Minister may make regulations for the purposes of subsection (1).

(3) When carrying out his or her functions under this Act, the Minister shall have regard to and take full account of:

(a) the principle of recovery of the costs of water services as provided for in Article 9 of the EU Water Framework Directive;

(b) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders made under the Act of 2000;

(d) relevant information or advice given, or recommendations or reports made or criteria, procedures or codes of practice specified or published or licences, permits or authorisations granted by the Agency;

(e) relevant waste management plans under the Act of 1996;

(f) relevant water quality management plans made under the Local Government (Water Pollution) Acts 1977 to 2007;

(g) relevant river basin management plans or programmes of measures under the EU Water Framework Directive;

(h) water services strategic plans under section 36 ;

(i) rural water services strategic plans under section 77 ; and

(j) such other plans, strategies, guidelines or any other thing which may be prescribed.

(4) For the purposes of subsection (1), the Minister may—

(a) provide guidance to water services authorities in relation to—

(i) the performance generally by water services authorities of their functions under this Act, including their functions in relation to drinking water quality,

(ii) the preparation, content, or scope of water services strategic plans,

(iii) best practice in the planning, procurement, management or operation of water services infrastructure,

(iv) the management and control of agreements entered into by water services authorities for the design, provision or operation of waterworks or waste water works, or for the provision of water services either jointly or on their behalf,

(b) monitor and compare the performance of water services authorities in carrying out their functions,

(c) publish such reports in relation to the provision of water services generally, including reports on the efficiency and effectiveness of investment in water services, as he or she considers appropriate,

(d) specify standards, or issue guidelines, codes of practice or directions in relation to the provision of water services (including in relation to pricing mechanisms and procurement),

(e) give information or advice to a water services authority, water services authorities generally, or any person in relation to water services, including asset management,

(f) assess reports on tenders submitted by water services authorities, whether above a threshold to be prescribed or at the discretion of the Minister, and grant or refuse approval to water services authorities to award contracts,

(g) develop, arrange for the development of, or monitor programmes, information systems and databases in relation to water services,

(h) provide such general support and assistance to water services authorities in relation to the performance of their functions as he or she considers necessary and feasible,

(i) direct a water services authority in relation to the—

(i) drawing up or implementation of programmes to fulfil targets set out in water services strategic plans,

(ii) acquisition of land for the purposes of its functions under this Act,

(iii) preparation of, or arrangement for the preparation of, designs for specified construction or improvement work,

(iv) preparation and submission of tenders for approval,

(v) entering into contracts for, or undertaking of, specified construction or maintenance works,

(vi) preparation or arrangement for the preparation of a programme of maintenance works,

(vii) procurement of water services infrastructure or the management and control of agreements for the design, provision or operation of waterworks or waste water works, or related matters,

(viii) monitoring or inspection of drinking water, waste water discharges or the operations and management of water services providers, including procedures generally for this purpose, follow-up action where monitoring results indicate a failure to meet specified standards, remedial measures to be taken, provision of public information and advice, and such restriction of services as may be necessary for the protection of human health and the environment,

(ix) format and content of records and reports,

(x) licensing of a water services provider,

(xi) management and operational practice, or

(xii) performance of its functions generally,

and this paragraph shall neither be construed nor operate to enable the Minister to direct the provision of water services to an individual household or person,

(j) examine or inspect, as the case may be, such records, plant, equipment, machinery, works, systems and pipes as he or she considers necessary, and examine and assess the management and operational practices of a water services authority, or a licence holder under this Act, or their agent or partner,

(k) seek information or data from any person whom he or she considers to have such information or data, or

(l) do any other thing which arises out of, or is consequential to, or is necessary or expedient for the purposes of the performance of his or her functions or is ancillary thereto.

(5) Each water services authority shall take such measures as are necessary to comply with a direction issued to it by the Minister.

(6) Any person in possession of information or data sought by the Minister under paragraph (k) of subsection (4) shall furnish it to the Minister on request.

(7) (a) If, during the course of his or her investigations for the purposes of this section, the Minister is satisfied that—

(i) a water services authority, or a person acting on its behalf, is not in compliance with a prescribed performance or quality standard, or its management and operational standards are inadequate, or

(ii) a water services authority or any prescribed person is not performing any of its functions in relation to water services in a satisfactory manner,

then the Minister may issue a notice (in this section referred to as a “compliance notice”) specifying corrective action required to be taken by the water services authority or prescribed person in a specified period. The water services authority or prescribed person shall take the action specified in the compliance notice within the period specified in the compliance notice.

(b) A person who fails to comply with a compliance notice within the specified period, commits an offence.

(8) The Minister may make regulations for the purposes of subsection (7), without prejudice to the generality of which, may provide for public notification and consultation procedures and general requirements in relation to the service of a compliance notice.

(9) (a) The Minister may from time to time—

(i) appoint such and so many committees as he or she thinks proper, and may, subject to retaining overall responsibility and accountability, delegate to such committees any functions under this section which, in his or her opinion, can more conveniently be performed by that committee,

(ii) appoint one or more consultative groups to provide advice in relation to any of his or her functions,

(iii) provide such resources for a committee or consultative group as may be approved by the Minister for Finance, or

(iv) at his or her discretion, dissolve a committee or consultative group, or vary its membership.

(b) A committee or consultative group appointed under paragraph (a) shall consist of such persons as the Minister thinks proper, and may include persons employed, or engaged as consultants or advisers by, the Minister.

(10) A person who fails to comply with a request under subsection (6) commits an offence.

Powers of a water services authority.

31.— (1) For the purposes of this section “agglomeration” means an area where there is a population or there are economic activities that are sufficiently concentrated in order for—

(a) urban waste water to be collected and conducted to an urban waste water treatment plant or to a final discharge point, or

(b) treated water to be supplied.

(2) Subject to regulations made under subsection (3), a water services authority may provide water services or supervise the provision of water services by other persons, in accordance with any prescribed standards, for domestic and non-domestic requirements in its functional area, taking full account of the following aspects of public policy, namely:

(a) proper planning and sustainable development in its functional area;

(b) protection of human health and the environment;

(c) relevant regulations and other statutory provisions made by the Minister or the Parliament and Council of the European Union;

(d) relevant regulations made by the Minister for Health and Children;

(e) relevant policy directions issued by the Minister under this Act or any other enactment;

(f) guidance provided or direction made by the Agency;

(g) sustainable management of water resources;

(h) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders, as appropriate, made under the Act of 2000;

(i) a water quality management plan or a programme of measures made under the Local Government (Water Pollution) Acts 1977 to 2007 for the area to be covered by the water services strategic plan;

(j) a waste management plan under the Act of 1996;

(k) a river basin management plan or a programme of measures under the EU Water Framework Directive; or

(l) such other criteria, standards or procedures as may be prescribed in relation to matters to which paragraphs (a) to (k) apply or as may be directed by the Minister.

(3) The Minister may make regulations to require water services authorities to provide specified water services to specified classes of agglomerations, areas or consumers and these regulations may include provision for—

(a) provision of collection systems for urban waste water,

(b) provision of waste water treatment facilities for urban waste water entering collection facilities,

(d) specification of levels of treatment to be applied, and

(e) specification of exceptions to the application of the regulations.

(4) A water services authority may not provide water services or supervise the provision of water services if doing so is inconsistent with any of the public policy issues specified in subsection (2)(a) to (l).

(5) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , for the purposes of fulfilling all or any of its functions under subsection (2), a water services authority may make arrangements with another person, including entering into an agreement or arrangement with another person in relation to the provision of water services by another person or jointly with it in part or all of its functional area.

(6) Any plant, works, machinery or pipe provided under any arrangement under subsection (5) will be subject to the same obligations and duty of care by owners or occupiers of premises as if it was provided directly by a water services authority.

(7) The Minister may request a water services authority, whether by itself or jointly with another water services authority to provide a particular class of water services to a particular area, and the water services authority, shall comply with such a request.

(8) Notwithstanding subsection (7), a water services authority may require that the provision of water services to any person (other than in the case of water services provided to a household for domestic purposes) shall be subject to that person entering into an agreement with the water services authority under section 32 (1)(k) in relation to reserving or assigning capacity for the provision of water services to that person.

(9) The obligation on a water services authority to comply with a request from the Minister under subsection (7) shall not apply where the water services in question cannot be provided due to climatic conditions or other circumstances beyond the reasonable control of the water services authority.

(10) A water services authority may provide assistance to any water services provider to facilitate the provision of water services.

(11) A water services authority may provide water services outside of its functional area, and for that purpose shall have all the powers and be subject to the same obligations under this Act, as if the services were provided within its functional area.

(12) (a) Notwithstanding any provision of this or any other enactment, a water services authority shall not enter into any agreement or arrangement with another person, other than with a group water services scheme or another water services authority, for the provision of water services jointly with or on behalf of the authority which—

(i) involves or may involve the transfer of the water services authority’s assets or infrastructure, or any part of such assets or infrastructure, to that person, or

(ii) prohibits the transfer to the water services authority of assets or infrastructure, or any part of such assets or infrastructure, provided by the person as part of such agreement.

(b) In this subsection “group water services scheme” means a scheme which provides a private supply of water, or a private waste water collection, treatment or disposal service, to the members of the scheme by means of a common or shared source of supply, or related distribution or collection network.

(13) Subject to any regulations made under section 79 (2) or (3) a person shall not provide water services in the functional area of a water services authority without the agreement of that water services authority.

(14) A water services authority shall take the necessary measures to ensure that, whether through its own actions or the actions of other persons in accordance with its directions or other obligations under this Act, water intended for human consumption in its functional area meets such requirements relating to quality as may be specified in regulations made under section 32 (2).

(15) A water services authority may prohibit or restrict a supply of water, or direct that such supply be restricted or cease to be provided, for the purpose of protecting human health or the environment, and it is an offence not to comply with such a prohibition, restriction or direction.

(16) Two or more water services authorities may, and shall at the request of the Minister, jointly provide, or arrange for the provision of, water services in all or part of their joint or respective areas.

(17) The Minister may make regulations to provide for—

(a) criteria, procedures and standards, including standards in relation to economy, effectiveness and efficiency in the provision of water services,

(b) environmental protection and environmentally sustainable practices in relation to the provision of water services, and

(c) the avoidance of risk to public health, in relation to the operation, management and supervision of water services by water services authorities or such other person as may be prescribed.

(18) The Minister may issue guidelines to a water services authority for the purpose of the performance of its functions under this Act, and the water services authority shall be obliged to comply with them.

(19) A right to water services, which is provided for under, or may be construed from, this section, or any other section under this Act or any other enactment, whether enacted before or after this Act, shall not apply in relation to a premises which is an unauthorised structure, or the use of which constitutes an unauthorised use, under the Act of 2000.

(20) A person who contravenes a regulation made under subsection (17) commits an offence.

General functions of water services authorities in relation to provision of water services.

32.— (1) A water services authority may, and shall when directed by the Minister, take all necessary measures to ensure compliance with its obligations under section 31 and for the purposes of carrying out its functions under section 31 , whether within or outside its functional area, including—

(a) the abstraction, impoundment, treatment, purchase or supply of water for drinking or any other purpose, in accordance with relevant provisions of this Act or any other enactment, or regulations made under this or any other enactment,

(b) the provision, operation or maintenance of sewers and waste water collection and treatment facilities, in accordance with relevant provisions of this Act or any other enactment, or regulations made under this or any other enactment,

(c) the construction or maintenance, or arrangement for the construction and maintenance of, waterworks or waste water works,

(d) the undertaking of such work as is necessary to provide such waterworks or waste water works as may be required,

(e) purchasing or obtaining premises or wayleaves,

(f) the installation and maintenance of meters, or otherwise measuring the volume or rate of flow of water supplies or discharges to waste water works,

(g) monitoring the quality of water supplies at any point or points,

(h) monitoring the quality of waste water at any point or points,

(i) treatment, reuse or disposal of by-products arising from the treatment of water or waste water,

(j) without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , entering into an agreement with any person in relation to or for the provision of, whether by that person or jointly with that person, water services in part or all of its functional area or elsewhere as appropriate,

(k) without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , entering into an agreement or arrangement with any person for the provision of water services to that person, including in relation to assigning capacity in a waterworks or reserving capacity in a waste water works for the provision of water services to that person,

(l) authorising, controlling, monitoring or supervising the provision of water services by any other person within its functional area,

(m) carrying out all such surveys, research, analysis, monitoring or undertaking any other action which may be necessary for the purposes of its functions under this section,

(n) the provision of guidance, advice or information to other persons in relation to water services,

(o) entering into such contracts or other arrangements as it considers necessary or expedient for the use, purchase, or lease of any buildings, premises, materials, services, machinery or other apparatus, or

(p) taking waterworks or waste water works provided by other persons in charge.

(2) The Minister may make regulations in relation to the undertaking by a water services authority of any of the functions in subsection (1), or for the provision of water services by an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.

(3) Without prejudice to the generality of subsection (2), regulations under this section may make provision for any or all of the following:

(a) drinking water quality and waste water quality standards, including as the case may be, exemption or derogation from such standards in specified circumstances and subject to specified conditions;

(b) duties of persons providing water services;

(c) specifying the points at which compliance with standards under paragraph (a) will be measured, and limiting the obligations placed on any person by regulations under paragraph (a) in relation to the provision of drinking water to a specified quality standard in cases where non-compliance is as a result of defects in the internal distribution system of a premises, or specified classes of premises;

(d) provision of information or advice for the purpose of protecting human health or the environment;

(e) performance standards for the provision of water services;

(f) operational procedures;

(g) asset management planning;

(h) training requirements for staff;

(i) requirements in relation to the monitoring and supervision of water services to establish compliance with prescribed standards, including frequency of monitoring, monitoring standards and monitoring procedures, additional monitoring in specified circumstances, and, appropriate action where monitoring results indicate a failure to meet specified standards, and such action may include the immediate investigation of the cause of the failure, remedial measures to be taken, the provision of public information and advice, such restriction of services as may be necessary for the protection of human health and the environment, and the timescale for undertaking such action;

(j) standard methods of analysis;

(k) laboratory requirements;

(l) record keeping;

(m) supervision and control of the provision of water services and water services infrastructure;

(n) control of the supply of water;

(o) source protection;

(p) water conservation;

(q) the nature and form of any agreement entered into by a water services authority under subsection (1);

(r) measures to facilitate the provision of water supplies for fire-fighting or other public health and safety purposes including the provision of notices to assist in the location of fire hydrants;

(s) requirements to prevent risk to human health from contamination of water intended for human consumption by substances or materials, or associated impurities, in new installations for the treatment or distribution of water;

(t) requirements to ensure the efficiency or effectiveness of treatment systems or disinfection procedures for water, and to limit any residual effects on the quality of water intended for human consumption to specified limits consistent with ensuring fitness for human consumption without compromising the disinfection;

(u) requirements to ensure the efficiency and effectiveness of treatment systems or disinfection procedures for waste water;

(v) provision of adequate and up-to-date information on the quality of water intended for human consumption;

(w) procedures for dealing with consumer complaints;

(x) measures to protect public health or the environment; or

(y) related and ancillary matters.

(4) Measures taken to implement regulations under subsection (2) shall not have the effect of allowing, directly or indirectly, any—

(a) deterioration in the existing quality of water intended for human consumption, or

(b) increase in pollution of waters used for the production of water intended for human consumption.

(5) It is an offence to contravene a regulation made under subsection (2).

(6) Measures taken in relation to failure to meet prescribed drinking water quality standards shall—

(a) be prioritised having regard, amongst other matters, to the extent to which the relevant parametric values have been exceeded and to the potential danger to human health arising, and

(b) in any event, be taken as soon as possible.

(7) Regulations under subsection (2) which provide for exemption of specified supplies from prescribed drinking water quality standards shall provide to the effect that—

(a) the population concerned shall be informed of the exemption, and of any action that can be taken to protect human health from adverse effects resulting from any contamination of the water supply, and

(b) where a potential danger to human health arising from the quality of a relevant water supply is apparent, the population concerned shall be given appropriate advice promptly,

and such regulations may provide for such measures as may be necessary to give full effect to those requirements.

(8) Regulations under subsection (2) which provide for a derogation from prescribed drinking water quality standards shall provide to the effect that—

(a) the population affected shall be informed promptly in an appropriate manner of the derogation and the conditions which govern it, and

(b) where necessary, advice is given to particular population groups for which a derogation could present a special risk,

and such regulations may provide for such measures as may be necessary to give full effect to those requirements.

(9) In so far as regulations under subsection (2) limit the obligation placed on any person in relation to the provision of water for human consumption which meets specified quality standards, such regulations shall provide that where there is nevertheless non-compliance or a risk of non-compliance with such standards, then—

(a) either—

(i) appropriate measures shall be taken to ensure compliance or reduce or eliminate the risk of non-compliance, including advising premises owners affected of any possible remedial action they could take, or

(ii) other measures shall be taken, including appropriate additional treatment in order to change the nature or properties of the water prior to its supply so as to reduce or eliminate the risk of the water not complying with the specified quality standards,

and

(b) the consumers concerned shall be duly informed and advised of any possible additional remedial action which they should take,

and such regulations may provide for such measures as may be necessary to give full effect to those requirements.

(10) Regulations under subsection (2) may provide for their application to any person who, although not providing water services is nevertheless supplying water for human consumption as part of a commercial or public activity in circumstances where that water is from that person’s own private supply and has not been supplied to him or her in the first instance—

(a) by a water services authority,

(b) by an authorised provider of water services,

(c) by a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, or

(d) in bottles or containers,

and references to “water services” in this section may, where the context permits, include such water supplied for human consumption by such persons.

(11) For the purposes of subsections (7) and (8), and notwithstanding section 19 , the population concerned may also be informed by means of—

(a) an advertisement in a newspaper circulating in the area,

(b) an announcement broadcast on a radio or television channel generally available in the area,

(d) such other manner as the Minister may direct.

(12) In this section “ derogation ” and “ population ” have the same meaning as they have in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption 14 .

Connections to waterworks or waste water works.

33.— (1) In respect of any connection by a user to a waterworks or waste water works operated by or on behalf of or jointly with a water services authority, the water services authority may, subject to any regulations made under this section, specify any technical requirements necessary to minimise the risk of leakage or to protect the integrity of the waterworks or waste water works.

(2) The Minister may make regulations for the purposes of subsection (1) specifying technical standards.

(3) A person who fails to comply with a technical requirement specified under this section commits an offence.

Guidelines and codes of practice.

34.— The Minister may issue guidelines or codes of practice in relation to the performance of the functions of water services authorities under this Act, or in relation to the provision of water services by any person or in relation to the general duties of other persons to which this Act or regulations under it apply.

Guidelines and codes of practice in criminal proceedings.

35.— (1) Subject to subsection (2), failure on the part of any person to observe any provision of a guideline or a code of practice issued under section 34 shall not of itself render that person liable to any civil or criminal proceedings.

(2) Where in any criminal proceedings a party is alleged to have committed an offence under this Act, being a provision for which there was a guideline or a code of practice at the time of the alleged contravention, subsection (3) shall have effect with respect to that guideline or code of practice in relation to those proceedings.

(3) Any provision of a guideline or code of practice which appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened shall be admissible in evidence; and if it is proved that any act or omission of the defendant alleged to constitute the contravention is a failure to observe such provision of the guideline or code of practice, or if it is proved that any act or omission of the defendant is in compliance with such provision of the guideline or code of practice, then such failure or compliance shall be admissible in evidence.

Water services strategic plan.

36.— (1) In this section and in sections 37 and 38 —

“ development plan ” has the same meaning as in section 2 of the Act of 2000;

“ joint plan ” shall be construed in accordance with subsection (4)(a);

“ manager ” has the same meaning as in section 2 of the Act of 2001;

“ prescribed date ” means the date prescribed by the Minister by regulations under subsection (9), on or before which a water services authority is required to make a water services strategic plan;

“ water services strategic plan ” includes, where the context admits, a replacement or revised water services strategic plan, a joint plan, or a sub-plan referred to in subsection (4)(b), and any replacement or revision of such joint plan or sub-plan.

(2) Subject to subsection (4) and any regulations made under this section, each water services authority shall, not later than the prescribed date, make a water services strategic plan with regard to the provision of water services in its functional area.

(3) Subject to subsections (13) and (14), the making, replacement or revision of a water services strategic plan is a reserved function of the members of the authority.

(4) For the purposes of subsection (2)—

(a) two or more water services authorities may jointly make a water services strategic plan in relation to all of their combined functional areas, or parts thereof, and

(b) a water services strategic plan may consist of separate sub-plans for the provision of specified water services in all or part of the functional area of the water services authority, or in the case of a joint plan referred to in paragraph (a), the water services authorities concerned,

and the making, review, revision or replacement of such a joint plan or sub-plan shall be subject to the same procedures as if it was a water services strategic plan referred to in subsection (2).

(5) (a) A water services authority, or in the case of a joint plan under subsection (4), the water services authorities concerned, shall review a water services strategic plan made by it or them from time to time as the occasion may require and at least once in every period of 6 years from the date the plan was made by the authority, or such lesser interval as the Minister may direct and, consequent on such a review, make a replacement plan.

(b) A local authority (whether or not acting as a water services authority) shall not, by resolution, under section 139 or 140 of the Act of 2001 or section 179 of the Act of 2000—

(i) give a direction that works not be proceeded with, or

(ii) require any act, matter or thing to be done or effected,

where the effect of such direction or requirement would be contrary to, or inconsistent with, any provision (including any objective contained therein) of a water services strategic plan made by the water services authority, or would limit or restrict the proper implementation of such a provision and any resolution purporting to be passed under the said section 139, 140 or 179, as the case may be, which contravenes this paragraph is void.

(6) In drafting or reviewing a water services strategic plan, the water services authority or water services authorities concerned shall have regard to the proper planning and sustainable development of its or their functional area or areas and in particular shall have regard to the provisions of—

(a) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders, as appropriate, made under the Act of 2000,

(b) a water quality management plan or a programme of measures made under the Local Government (Water Pollution) Acts 1977 and 1990 for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,

(c) a waste management plan under the Waste Management Acts 1996 to 2003 for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,

(d) a river basin management plan or a programme of measures under the EU Water Framework Directive for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,

(e) such other plans, strategies or guidelines as may be prescribed, and

(f) any other matter as may be directed by the Minister.

(7) A water services strategic plan shall contain such objectives as seem to the water services authority or water services authorities concerned to be reasonable and necessary—

(a) to protect human health and the environment,

(b) to facilitate the provision of sufficient water services for domestic and non-domestic requirements in the area to which the plan relates, and

and shall specify such measures or arrangements to be taken or entered into by the water services authority or water services authorities concerned, with a view to securing the objectives of the plan.

(8) Without prejudice to the generality of subsection (7), a water services strategic plan shall, subject to such regulations as may be made by the Minister for the purposes of this section, include information on or otherwise have regard to—

(a) drinking water quality,

(b) prevention or abatement of risk to human health or the environment,

(d) arrangements in place or planned for the provision of water services,

(e) shortfalls in the provision of water services,

(f) water conservation measures in place or planned,

(g) monitoring arrangements, including laboratory facilities,

(h) asset management planning,

(i) income and expenditure, and

(j) any incidental or ancillary matters.

(9) (a) The Minister may make regulations prescribing the manner in which any matter is to be set out or addressed in a water services strategic plan, notification or consultation requirements and procedures or associated time limits, prior to and after its making.

(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may specify different dates for different water services authorities or classes of water services authorities.

(10) (a) To enable further consideration to be given to the making of a water services strategic plan, a water services authority may apply to the Minister for an extension of not more than 3 months after the latest date for the making of a water services strategic plan.

(b) Where an application is made under paragraph (a), the Minister may, based on the reasonable prospect of the authority concerned making a plan by the proposed extended date, grant or refuse the application.

(d) This subsection shall not apply in the case of the making of a revised or replacement plan by the members of a water services authority in accordance with a requirement by the Minister under section 37 (c).

(11) Where a water services authority proposes to make a water services strategic plan which, in the opinion of the manager of the water services authority, would not be appropriate for the reasons stated by him or her, then the manager shall—

(a) inform the members of the water services authority accordingly, giving his or her reasons for forming such opinion, and advise the members that, should the authority proceed to make that plan, the Minister may invoke his or her powers under section 37 (c) to require the authority to revise the plan in such manner as may be specified by the Minister or to replace the plan by a new plan, and

(b) inform the members of the right of the authority to apply to the Minister for an extension under subsection (10) of the prescribed date.

(12) Where it appears to the manager of a water services authority that it is likely that the members of the authority may fail to make a plan by the prescribed date, the prescribed date as extended or the date specified in a requirement by the Minister under section 37 (c), as the case may be, then the manager shall—

(a) advise the members of the authority that if the authority fails to make a plan by—

(i) the prescribed date,

(ii) the prescribed date as extended, or

(iii) the date specified in a requirement by the Minister under section 37 (c),

as the case may be, the members’ functions under this section in relation to the making of the plan will be deemed to have been transferred to the manager in accordance with subsection (13), and

(b) where paragraph (a)(i) applies, inform the members of the right of the authority to apply to the Minister for an extension of the prescribed date under subsection (10).

(13) Subject to subsection (12), where a water services authority—

(a) fails to make a water services strategic plan by the latest date for the making of the plan or the date specified by the Minister under paragraph (c) of section 37 in accordance with the requirements of the Minister under that paragraph, as the case may be, or

(b) having applied to the Minister for an extension of the latest date for the making of the water services plan concerned in accordance with subsection (10), and

(i) the application having been refused, a plan is not made by that date, or

(ii) the application having been granted, the authority fails to make a plan by that date, as so extended,

then the functions of the members of the authority under this section shall be deemed to be transferred to the manager of the authority who shall, by order, approve the making of a plan subject to any modifications which he or she considers appropriate and, where section 37 (c) applies, in accordance with any requirement specified by the Minister under that section.

(14) Without prejudice to subsection (13), the making of a revised or replacement plan by a water services authority in accordance with a requirement by the Minister under section 37 (c) shall—

(a) where the plan was made by the members of the authority in the first instance, be a reserved function of the members of the authority, and

(b) where the plan was not so made, be a function of the manager of the authority.

(15) (a) Notwithstanding any other provision of this Act, where subsection (13) applies, the manager shall make the plan.

(b) In making the plan, the manager shall, subject to such requirements (if any) of the Minister under section 37 (c), include as part of the plan such provisions (if any) as have been agreed by the members of the authority which are consistent with the plan.

(16) Section 140 of the Act of 2001 shall not apply to the exercise by the manager of a water services authority of his or her functions under subsection (13) and any resolution purporting to be passed under the said section 140 in relation to the performance by the manager of his or her functions under subsection (13) which contravenes this subsection is void.

(17) A water services strategic plan made under this section comes into force—

(a) in the case of a plan other than a joint plan—

(i) upon the passing of a resolution approving the plan by the members of the authority concerned, or

(ii) in a case to which subsection (13) relates, on the date of the order of the manager approving the making of the plan,

or,

(b) in the case of a joint plan—

(i) where resolutions approving the joint plan have been passed by the members of each water services authority, when the last such resolution is passed by the members of a water services authority concerned, or

(ii) where one or more of the water services authorities have failed to approve the making of the joint plan and the functions under this section of all of the water services authorities concerned with the making of the plan are transferred to their respective managers, when the last order approving the making of the plan has been made by the manager concerned.

(18) Nothing in this Act shall entitle a water services authority to discontinue providing water services which it provided before the commencement of this section, save as may be provided in a relevant water services strategic plan made by the authority.

(19) (a) The development plan in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in any water services strategic plan in force in relation to that area or any part of that area.

(b) In the event of there being a conflict between an objective deemed to be included in a development plan by virtue of paragraph (a) (the “first-mentioned objective”) and an objective otherwise included in the development plan (the “second-mentioned objective”), the first-mentioned objective shall override the second-mentioned objective, irrespective of whether or not the development plan is subsequent to the water services strategic plan referred to in that paragraph, and the first-mentioned objective shall be deemed to be an integral part of the development plan.

(20) An application for permission under Part III of the Planning and Development Act 2000 shall not be refused by a planning authority or the Board solely on the ground that the development to which the application relates is not specifically referred to in the water services strategic plan in force in relation to the functional area of the planning authority if the planning authority or the Board, as the case may be, considers the development will facilitate the achievement of the objectives of that water services strategic plan.

(21) In considering a proposed development under section 179 of the Act of 2000 a local authority shall not decide that the development should not be proceeded with solely on the grounds that the said development is not specifically referred to in the water services strategic plan in force in relation to the functional area of the authority if the authority considers the development will facilitate the achievement of the objectives of that water services strategic plan.

Functions of Minister in relation to water services strategic plans.

37.— The Minister, after consultation with the relevant water services authorities concerned, may—

(a) require 2 or more water services authorities to make a joint water services strategic plan under section 36 in respect of all or a specified part of their functional areas,

(b) require that the making of a water services strategic plan under section 36 by 2 or more water services authorities be co-ordinated in such manner in relation to such matters as the Minister may specify, and

(c) for stated reasons, require a water services authority or, as the case may be, 2 or more water services authorities, to revise (whether by addition or deletion) a water services strategic plan made by the authority or authorities concerned, or to replace the plan by a new water services strategic plan, by such date and in such a manner as the Minister may specify, which shall be not less than 3 months from the date of the issue of the requirement by the Minister,

and the water services authority or authorities concerned shall comply with any such requirement of the Minister.

Implementation of a water services strategic plan or any revision thereof.

38.— (1) As soon as may be after a water services strategic plan has come into force, the water services authority concerned, or in the case of a joint plan, such water services authority as has been agreed by the relevant water services authorities, shall—

(a) transmit a copy of it to the Minister and to such persons as may be prescribed, in the prescribed manner, and

(b) publish, in the prescribed manner, notification of the making of the plan.

(2) A water services authority shall take such steps, including carrying out necessary works, as are appropriate and practicable to attain, in relation to its functional area, the objectives and provisions set out in a water services strategic plan in which it is concerned, which has been made by the authority.

(3) (a) A water services authority shall furnish to a person, on request and, if the authority so requires, on payment to it by the person of such reasonable fee as it may charge, a copy of, or extract from, the plan, within a period of 21 days of receipt by the authority of such request, or of payment of such fee as the authority may charge, whichever shall be the later.

(b) A document purporting to be a copy of a plan, or to be an extract from a plan, and to be certified under this subsection by an officer of a water services authority which made the plan as a true copy, shall be prima facie evidence of the plan or extract, as the case may be, and it shall not be necessary to prove the signature of such officer or that he or she was in fact an officer of the water services authority concerned.

(c) Evidence of a plan or of an extract from such plan may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.

Transfer of functions from sanitary authorities.

39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.

Joint provision of water services.

40.— (1) Two or more water services authorities may enter into an agreement or arrangement for the purpose of jointly, or of one or more of them as the case may be, carrying out any or all of their functions under this Act, in any or all of their respective areas or any part of them, or in the functional area or areas of another water services authority or authorities, or any part of them.

(2) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , two or more water services authorities may jointly enter into an agreement or arrangement with any person for the provision, whether jointly with or on behalf of one or more of them, of water services in all or part of their respective functional areas.

(3) Whenever it appears to the Minister that an agreement or arrangement under subsection (1) or (2) should be made by water services authorities for the purpose of carrying out any or all of their functions, he or she may direct them to enter into an agreement or arrangement, and they shall comply with such direction.

(4) A direction under subsection (3) shall only be made by the Minister after giving each water services authority concerned an opportunity to make representations to him or her and after considering any representations so made.

(5) The Minister may direct that any agreement entered into under this section contains such terms and conditions as he or she may specify and the authorities concerned shall comply with any such direction.

(6) An agreement or arrangement entered into under subsection (3) shall not be revoked except with the approval of the Minister.

(7) Whenever a water services authority enters into an agreement or arrangement with another water services authority or another person under subsection (1) or (2) or section 32 (1)(j) for the provision of water services on its behalf, the first-mentioned water services authority shall, notwithstanding the agreement or arrangement, continue to be responsible for the compliance of those services with the requirements of this Act.

(8) Subsection (7) shall not be construed so as to nullify or otherwise affect the application of any provision in an agreement or arrangement under subsection (1) or (2) or section 32 (1)(j) in relation to public or civil liability arising from the provision of water services under that agreement or arrangement.

Installation of pipes.

41.— (1) In this section—

“ local road ”, “national road” , “public road” , “regional road” and “road” have the same meaning as in section 2 of the Roads Act 1993 ;

“ pipes ” includes sewers, drains, water mains, distribution systems, service connections or their accessories;

“ road authority ” means—

(a) in the case of a national road, the National Roads Authority, and

(b) in the case of a regional road or local road, a local authority as defined in the Act of 2001, other than a local authority referred to in Part 2 of Schedule 6 to that Act.

(2) A water services authority, or other person acting jointly with it or on its behalf, may, for the purpose of providing or assisting in the provision of water services, carry pipes through, across, over, under or along any public road, or place intended for a public road, or under or over any cellar or vault which may be under the pavement or carriageway of any public road, or from time to time repair, alter, remove or replace the same, subject to the consent of the relevant road authority where the water services authority is not the road authority for that road or place intended for a road.

(3) Any person authorised by a water services authority to provide water services or any person providing water services jointly with or on behalf of that person, may, in respect of the provision of those services, carry pipes through, across, over, under or along a public road, or place intended for a public road, or under or over any cellar or vault which may be under the pavement or carriageway of any public road, or from time to time repair, alter, remove or replace the same, subject to the consent of the road authority for that road.

(4) Subject to any regulations that the Minister may make under subsection (6), a road authority may attach conditions to the granting of any consent under subsection (2) or (3), which shall be binding on the said water services authority or authorised provider of water services or person providing water services jointly with or on behalf of the water services authority or authorised provider of water services as the case may be.

(5) Without prejudice to the generality of subsection (4), conditions attaching to any consent may include—

(a) the periods during which and times at which works shall be or shall not be carried out,

(b) the period within which works shall be completed,

(d) requirements and standards in relation to the temporary or permanent reinstatement of a public road following the carrying out of works,

(e) requirements in relation to giving security, including refundable deposits, as the case may be, for the satisfactory reinstatement of a public road following the carrying out of works,

(f) requirements in relation to the co-ordination of work with other work being undertaken or proposed by other persons,

(g) requirements in relation to the control of traffic in the vicinity of works,

(h) requirements in relation to the supervision and inspection of works by the road authority,

(i) requirements in relation to the carrying out of additional works,

(j) requirements in relation to the provision of information to the public as to the extent or nature of the works or the period within which they shall be completed, and

(k) any other measures considered necessary by the road authority for the protection of human health or the environment, and to facilitate sustainable development.

(6) The Minister may, with the consent of the Minister for Transport, make regulations for the purposes of this section.

(7) Without prejudice to the generality of subsection (6), regulations under this section may include provision for—

(a) procedures for the administration of the consent process, including in relation to refusal or withdrawal of a consent,

(b) charges for administration of the consent process,

(d) conditions attaching to a consent,

(e) waiving or substitution of consent procedures in an emergency for the purposes of protecting human health and the environment,

(f) requirements and standards in relation to the reinstatement of roads,

(g) notification and public consultation requirements, or

(h) procedures when consent is refused or withdrawn, or an applicant for consent wishes to make representations in relation to conditions attaching to a consent.

(8) Regulations under this section may make different provisions for applications for consent for different classes of roads.

(9) A requirement to hold a licence under section 254 of the Act of 2000 in respect of works on, under, over or along a public road shall not apply to a person who has obtained the consent of a road authority under this section, in respect of the works to which the consent relates.

(10) A road authority shall have a right of action for relief by way of injunction or declaration from the High Court against any person to restrain any non-compliance or direct any compliance with a requirement of this section, and the Court may grant such order as it sees fit.

(11) For the purposes of this Act, where a person (other than a road authority) claims an interest in or under any road—

(a) it shall be for the person concerned to prove such interest, and

(b) the value of such interest shall be taken to be nil unless it is shown to be otherwise by the person.

(12) Section 182 of the Act of 2000 shall apply to a water services authority for the purposes of this Act, and any references to a local authority in the said section or in Part XIV or related Parts of the Act of 2000 shall be deemed to be a reference to a water services authority for the purposes of this Act.

(13) A water services authority may, by agreement with the water services authority of any adjoining area, cause its pipes to connect with the pipes of that authority in such manner and on such terms and subject to such conditions as may be agreed between the water services authorities.

(14) A water services authority may exercise its powers under this section either within or without its functional area, but where they are exercised in the functional area of another water services authority, the prior agreement of that authority must be obtained.

Requirement to connect to waterworks or waste water works.

42.— (1) Where—

(a) a water services authority has provided, arranged for the provision of or taken in charge a waste water works, and

(b) in the opinion of the authority, any premises in the functional area of the authority—

(i) is not drained in a satisfactory manner, or

(ii) constitutes, or is likely to constitute, a risk to human health or the environment, and

(iii) is capable of being served by means of a service connection of a reasonable length to the waste water works,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waste water works.

(2) Where—

(a) a water services authority has provided, arranged for the provision of or taken in charge a waterworks, and

(b) in the opinion of the authority, any premises in the functional area of the authority is—

(i) not provided with a satisfactory supply of water, and

(ii) capable of being served by means of a service connection of a reasonable length to the waterworks,

(3) A notice under this section shall specify separately any portion of the works required thereby which is to be executed under subsection (11) of this section by the water services authority, or under its supervision.

(4) (a) Subsection (1) and (2) shall also apply where a water services authority has authorised or entered into an agreement with another person, or where an authorised provider of water services has entered into such an agreement for the provision of the waterworks or waste water works in question, provided that the agreement of that person to the additional connection is, unless otherwise provided for in any aforementioned agreement, also obtained by the water services authority.

(b) Where paragraph (a) applies, the water services authority may also require the owner of the premises concerned to take a supply of water through a meter or other instrument provided for measuring the supply of water to that premises or to discharge water through a waste water discharge meter in accordance with Part 5 .

(5) The person on whom a notice under this section has been served may, within one month from the date of the service of the notice on him or her, appeal against the terms of notice to the District Court and a decision from the District Court under this subsection shall be final, save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(6) Notice of appeal under this section shall be given to the water services authority, and that authority shall be entitled to appear and be heard on the hearing of the appeal.

(7) On the hearing of an appeal under this section the District Court may—

(a) confirm the notice unconditionally,

(b) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or

(8) A notice under this section shall take effect—

(a) in case no appeal is taken, or an appeal is taken and is withdrawn within one month from the service of the notice, on the expiration of one month from the service of the notice,

(b) in case an appeal is taken and is not so withdrawn, when the appeal is withdrawn or determined.

(9) (a) Subject to the provisions of this subsection, where a notice under this section has been served on the person who was, when the notice was served on him or her, the owner of the premises to which the notice relates and within the period specified in the notice, or within such extended period as the water services authority may allow, the works required by the notice have not been begun or, if begun, have not been completed, that person commits an offence.

(b) If a person against whom proceedings are brought under this subsection has at some time before the end of the said period specified in the notice for compliance therewith (or of such extended period as the water services authority may allow for such compliance) ceased to be the owner of the premises, he or she shall, upon complaint duly made by him or her and on giving to the prosecution not less than 3 clear days’ notice of his or her intention, be entitled to have the person who then became the owner of the premises brought before the Court in the proceedings.

(c) If, after it has been proved that the works required by the notice have not been begun or completed as aforesaid, the original defendant proves that the failure was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he or she took all reasonable steps to secure compliance with the notice, he or she shall be acquitted of the offence.

(d) In paragraph (a) and (c) of this subsection, the reference to the works required by the notice shall, in a case in which the relevant notice specifies separately any portion of the works required thereby which is to be executed under subsection (11) by the water services authority, be construed as referring to so much of the works required by that notice as is not so specified.

(e) For the purposes of this subsection, a person who, apart from this paragraph, would be the owner of a premises by reason of receiving rent shall, if he or she receives the rent as agent for another person, be regarded as not being such owner.

(10) If, on a complaint made by the owner of any premises, it appears to the District Court that a person having an interest in the premises, other than the owner of the premises, prevents the owner from executing works required to be executed by a notice under this section, the Court may order the person to permit the execution of those works.

(11) (a) Where a notice under this section requires the execution of works which include the installation of a pipe passing through land of which the owner is not the owner of the premises to which the notice relates, the water services authority which served the notice shall itself install, or arrange for the installation of, so much of the pipe as lies within that land and may recover the costs involved from the person to whom the notice is addressed.

(b) For the purpose of installing a pipe under this subsection or subsection (12), a water services authority shall have the powers and duties specified in section 41 and, where appropriate, Part 7 or 8 , and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under those provisions.

(12) Without prejudice to section 92 , where works to facilitate drainage of a premises in accordance with a notice under section 92 (2), or to connect a premises to a waterworks or waste water works require the installation of a pipe passing through another premises which is not owned by or under the control of the owner of the premises to be drained or connected, a water services authority may, on request of the owner of the premises to be drained or connected, itself install or connect, or arrange for the installation or connection of, so much of the pipe or related accessories as lie within that premises, and may recover the costs involved from the owner of the premises to be drained or connected.

(13) Responsibility for the subsequent maintenance and renewal of any pipe installed under the powers provided in subsection (11) or (12) shall lie in the first instance with the person on whose behalf the work is carried out, and his or her successors in title, but a water services authority may, at its absolute discretion, take any such pipe in charge in accordance with section 43 (12).

Connections.

43.— (1) In this section—

“ connection ” means a drain, a distribution system or a service connection and includes part of such drain, distribution system or service connection;

“ public road ” and “ road authority ” have the same meanings respectively as in section 41 .

(2) A water services authority may, at its absolute discretion, subject to such conditions as it may decide, provide, repair or replace, or contribute to the cost of providing, repairing or replacing a connection.

(3) Subject to subsection (4), a person who owns or controls a connection, or in whom it is vested, or who has taken it in charge, shall be responsible for its maintenance and renewal, and shall ensure that it is kept in good order and repair, so as to—

(a) prevent a risk to human health or the environment,

(b) facilitate the reasonable conservation of water and the proper and effective management of water services, and

(4) Where a person cannot be identified for the purposes of subsection (3), responsibility under that subsection shall lie with the owner or owners of any premises using the connection, in direct proportion to the level of use of the connection to supply water to or convey waste water from the premises or respective premises, as the case may be.

(5) A water services authority may enter any relevant land and carry out all necessary investigations or works for the purposes of providing, ascertaining the condition of or taking in charge, a connection, or for the purposes of subsection (6).

(6) If, in the opinion of a water services authority, a connection is so defective, foul or neglected as to present a risk to human health, the environment, the reasonable conservation of water or the proper and effective management of water services, or, to permit the infiltration or exfiltration of water or waste water, the water services authority may, at its absolute discretion—

(a) direct by notice the person or persons responsible for its maintenance or renewal to carry out such works as it considers necessary, or

(b) carry out in the first instance, or in the event of failure to comply with a notice under paragraph (a), such works as it considers necessary, and recover the cost of such works from the person or persons responsible for maintenance or renewal of the connection.

(7) If a connection is found on investigation not to be so defective, foul or neglected as to present a risk to human health, the environment, the reasonable conservation of water or the proper and effective management of water services, or, to permit the infiltration or exfiltration of water or waste water, the water services authority which carried out the investigation shall cause such connection to be restored and any opening or excavation made in the course of the investigation to be closed or filled up and any damage done to be made good.

(8) Where—

(a) a person wishes to install a connection, or

(b) a person responsible for the maintenance or renewal of a connection wishes, or has been directed under subsection (6)(a), either by himself or herself or by arrangement with a third party to undertake maintenance or renewal works on a connection,

which runs, or is intended to run through, across, under, over or along any public road or place intended for a public road, then he or she may do so, subject to the consent of the road authority in whose functional area the road is situated.

(9) A road authority may attach conditions to the granting of any consent under subsection (8) as if the person concerned was a person to whom section 41 (3) applies, which shall be binding on that person or his or her agents as the case may be.

(10) For the purposes of providing any pipe under this section a water services authority shall have the powers mentioned in section 41 .

(11) The Minister may make regulations in relation to notices under subsection (6)(a), and without prejudice to the generality of such regulations, they may include provisions in relation to—

(a) the action to be carried out under a notice,

(b) the time limit by which action directed to be carried out under a notice must be completed,

(d) powers of entry and investigation by authorised persons, and

(e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with, or enforcement of, a notice.

(12) A water services authority may, at its discretion and subject to such conditions as it may decide, take in charge a connection, which shall thereafter come under the sole control and responsibility of the water services authority.

(13) (a) Without prejudice to section 180 of the Act of 2000, where a water services authority proposes to take in charge a connection under subsection (12), then it shall by notice inform any person who owns or controls the connection, of its intention to take it in charge, and where the identity of that person cannot be ascertained by reasonable enquiry, a notice for the purposes of this subsection may issue in accordance with section 19 (5).

(b) Where, for the purposes of paragraph (a), the identity of the person or persons who owns or controls a connection cannot be ascertained after reasonable enquiry, then the water services authority shall also by notice inform any person who is responsible, in accordance with subsection (4), for the maintenance or renewal of that connection, and notwithstanding section 19 such notice may be issued by publication in a newspaper circulating in the area where the connection is located.

(14) A notice under subsection (13) may be appealed in accordance with section 92 (8) by the person to whom it is addressed as if it was a notice issued under section 92 (2), and shall be enforceable as if it was issued under that section.

(15) A person to whom a notice under subsection (13) is addressed shall, unless he or she waives that right, be entitled to reimbursement, from the water services authority which issued the notice, for the costs of the materials and labour expended by him or her in providing the connection, together with any additional compensation arising from a reduction in the value of his or her interest in the connection concerned.

(16) Where a dispute arises between a person to whom a notice under subsection (13) is addressed and the water services authority which issued it, then the matter may be referred by either of them to arbitration as if it was a referral for arbitration under section 92 (15) but only to the extent that it relates to reimbursement or compensation under subsection (15) of this section.

(17) A person who—

(a) damages a connection, or

(b) fails to comply with a notice under subsection (6)(a),

commits an offence.

Repairs to service connections.

44.— (1) Where any premises in the functional area of a water services authority is connected to a water supply or sewer which is either the property of a water services authority or an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, by means of a service connection passing through land, the owner of which is not the owner of the premises, the water services authority of that area may—

(a) on the request of the owner of the premises, carry out on such land, any necessary repair or renewal of such service connection,

(b) after 7 days’ notice in writing to the owner of such land or in case of emergency without notice enter on such land and do all things reasonably necessary for the purpose of the repair or renewal.

(2) Any expenses incurred by a water services authority under this section at the request of the owner of a premises may be recovered from that person by the authority.

Damage to pipes.

45.— A person who causes any damage to a water main, distribution system, sewer, drain, service connection or their accessories used for the purpose of providing water services belonging to or in the charge of a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, commits an offence.

Obligations under other enactments.

46.— No provision in this Act shall be construed as relieving a water services authority of any obligation under another enactment, including enactments brought into operation after the commencement of this section, to consult with or obtain the agreement of another public authority with an interest in any premises affected before undertaking works in relation to any of its functions under this Act.

Monitoring and inspection.

47.— (1) Each water services authority, the Minister or other person prescribed shall—

(a) carry out, or cause to be carried out, such monitoring or inspection of water services operations as it, he or she considers to be necessary for the performance of their functions under this Act, and

(b) keep and maintain or cause to be kept and maintained, such records of any monitoring or inspections carried out under paragraph (a) as it, he or she considers reasonable and necessary.

(2) Where it appears necessary to do so for any purpose of this Act, a water services authority, the Minister or other person prescribed may require any person who is in control of a water service—

(a) to carry out or arrange to have carried out such monitoring, at such frequency (including continuous monitoring by electronic means or otherwise) in relation to the activity concerned as it, he or she may specify,

(b) to keep and to supply to the water services authority, the Minister or other person prescribed such records of said monitoring or inspection as it, he or she may specify, or

(3) Each water services authority or other person prescribed shall, if so requested by the Minister, supply to the Minister or to any person specified by the Minister, at such intervals and in such manner as the Minister may require, records of any monitoring or inspection carried out under this section that are in its, his or her possession or control.

(4) Each water services authority, the Minister or other prescribed person, shall carry out or take or cause to be carried out or taken such monitoring or other measures as it, he or she considers necessary to verify that any monitoring, or records of such monitoring, required under subsection (2) are being properly carried out or retained, as the case may be.

(5) Without prejudice to any other provision of this Act, the Minister may make regulations requiring the making of payments by any person for the purpose of defraying costs which may be incurred by a water services authority, the Minister or other prescribed person in carrying out any monitoring or inspection or taking other measures under this section in relation to the activities of that person.

(6) A payment which is required under regulations under this section, shall be payable on demand by the person concerned.

Consultation.

48.— The Minister may, having consulted with any Minister of the Government that he or she considers ought to be consulted having regard to their functions, make regulations requiring water services authorities or other persons prescribed, to consult with such other persons and in such manner in relation to the exercise of such powers and duties under this Act as may be prescribed.

Map of works.

49.— (1) A water services authority shall provide a record, in the form of a map or other diagrammatic or electronic representation, of the location and extent of service connections, waterworks and waste water works in its functional area, whether they are the property of the water services authority or the property of any other person, who shall provide the information necessary for this purpose, and for the purpose of subsection (2), to the water services authority.

(2) A water services authority shall, within 6 weeks of a service connection, waterworks or waste water works in its functional area being provided, altered or added to, bring the record provided under subsection(1) up to date.

(3) The record provided under subsection (1) shall be available for inspection at the principal office of the water services authority during normal business hours.

(4) The Minister may make regulations specifying the details to be recorded in records to be kept under subsection (1).

(5) For the purposes of subsection (1) or (2), a water services authority may by notice require a person who owns or is otherwise in charge of a service connection, waterworks or waste water works to which this section refers to keep such records or to provide to it such particulars as it may specify in relation to that service connection, waterworks or waste water works, within such time as may be specified in the notice.

(6) A person who contravenes the requirement under subsection (1) to provide information to a water services authority, or who fails to comply with a notice under subsection (5), commits an offence.

Agreement to take over proposed waterworks or waste water works.

50.— (1) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , a water services authority, subject to any conditions of a related planning permission under the Act of 2000, may enter into an agreement.

(2) Subject to subsection (3), the agreement referred to in subsection (1) is an agreement with any person proposing to construct any waterworks or waste water works, or any part of a waterworks or waste water works, in its functional area for the purpose of that waterworks or waste water works, or part of it being constructed by that person in accordance with the agreement.

(3) The agreement referred to in subsection (1) shall be entered into with a view to the water services authority, upon its completion and at a specified date, declaring by order the waterworks or waste water works, or such part of the waterworks or waste water works covered by the agreement, to be vested in the water services authority.

Temporary interruption to water services.

51.— (1) In this section “ an authority ” means a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.

(2) An authority may temporarily interrupt service from a waterworks or a waste water works—

(a) for the purposes of executing any necessary works,

(b) in an emergency, including where an immediate risk to human health or the environment exists, or

(3) An interruption of service under this Act, other than an interruption of service made in circumstances provided for in subsection (2)(b), shall only be effected after the user or users concerned have been given reasonable notice.

(4) In the case of an interruption of service made under subsection (2) an authority shall, subject to any agreement in force under section 32 (1)(k)—

(a) ensure the restoration of the service as soon as possible, and

(b) arrange for the provision to the user or users concerned of an appropriate alternative supply of drinking water for domestic purposes where the service interruption exceeds 24 hours.

(5) Notwithstanding section 19 , a notice under subsection (3) shall be deemed to have been served on all users concerned if it is—

(a) advertised in a newspaper circulating in the area in which an interruption of service is scheduled to take place,

(b) broadcast on a radio or television channel generally available in the area in which an interruption of service is scheduled to take place, or

(6) The Minister may issue guidance in relation to what constitutes an appropriate alternative supply for the purposes of subsection (4)(b), and the exercise of its powers under this section by an authority shall be subject to any such guidance.

Recovery of sums due.

52.— (1) Where a sum is due to a County Council or a City Council, acting as a water services authority, the water services authority, or any other person acting jointly with it or on its behalf, may recover the sum, and any expenses incurred in its recovery by the water services authority, or any other person acting jointly with it or on its behalf, as a simple contract debt in a court of competent jurisdiction.

(2) Where the sum referred to in subsection (1) is recoverable from the owner of a premises by a County Council or City Council acting as a water services authority any outstanding amount of the sum and any expenses incurred by the water services authority, or any other person acting jointly with it or on its behalf, in its recovery may be made a charge on the premises.

(3) A County Council or a City Council acting as a water services authority to whom money is due under this Act may as an alternative to recovering the sum as a contract debt or making a charge on a premises offset the sum due against any grant or other payment due by the County Council or City Council in any capacity to the person concerned.

(4) The Minister may make regulations for the administrative procedures to be followed for the purposes of this section.

(5) Without prejudice to the generality of subsection (4), regulations under this section may include provision for—

(a) the issue of notices,

(b) notice periods, or

(6) The Minister may prescribe another person to which the power under subsection (1), (2) or (3) to recover costs shall apply in relation to the recovery of sums due to them.

PART 3

Water Supply

Misuse of water supplies.

53.— (1) A person who—

(a) makes or causes or permits a connection to be made to a water supply provided by a water services authority, otherwise than with the agreement of the relevant water services authority and in compliance with any conditions attaching to that agreement, or

(b) dishonestly uses, or causes to be diverted for dishonest use, or permits the dishonest use of any water supplied by a water services authority, or

commits an offence.

(2) For the purposes of subsection (1) an act is done by a person dishonestly if the person does the act without claim of legal right.

(3) In this section “water services authority” includes also an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.

General duties of an owner.

54.— (1) The owner of a premises shall ensure that the internal distribution system of the premises is sufficient for, and maintained in such condition, as to ensure that water intended for human consumption meets prescribed quality requirements at the tap or taps used for such purposes.

(2) The owner of a premises shall ensure that the distribution system of the premises, and all taps connected to it are maintained in such condition as to ensure that water does not leak from the distribution system or any taps connected to it, and shall be responsible for its repair and renewal, save in the circumstances provided for in subsection (4).

(3) A water services authority may, and shall on request from an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services in relation to a matter affecting a waterworks under his or her control, by notice direct the owner of a premises to undertake such remedial action as may be specified in the notice, for the purpose of his or her compliance with subsection (1) or (2).

(4) A water services authority may—

(a) in lieu of issuing a notice under subsection (3), or

(b) in the event of failure by a person to whom a notice has been served under subsection (3), to comply with that notice,

execute such works as it considers necessary in the first instance, for the purpose of facilitating compliance with subsection (1) or (2), and may recover the costs of such works, or the costs of any investigations or enforcement undertaken by it for the purposes of this section, from the owner of a relevant premises.

(5) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, such regulations may include provisions in relation to—

(a) the action to be carried out under a notice under subsection (3),

(b) the time limit by which action directed to be carried out under a notice must be completed,

(c) the quality of materials and workmanship to be employed in any remedial action under a notice issued under subsection (3),

(d) powers of entry and investigation by authorised persons,

(e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with subsection (1) or (2) or enforcement of a notice issued under subsection (3),

(f) work standards and specifications for materials and fittings to be used in connection with work to which this section applies, or

(g) any incidental and ancillary matters.

(6) A person who—

(a) contravenes subsection (1) or (2),

(b) fails to comply with a notice under subsection (3), or

commits an offence.

Connection to a water supply.

55.— (1) (a) A person who—

(i) causes or permits the connection of a premises to a water supply of a water services provider, either directly or indirectly, or

(ii) otherwise takes such a supply,

without the agreement of the water services provider, commits an offence.

(b) For the purposes of paragraph (a), and without prejudice to subsection (5), the agreement of a water services authority under this subsection may be made the subject of such conditions as the water services authority may specify.

(c) In considering whether to agree to a connection under this section, a water services authority shall be entitled to take into account the matters referred to in paragraph 1 of the Fourth Schedule to the Act of 2000 in so far as they may apply to the provision of water supplies by it or another person acting jointly with it or on its behalf.

(2) It is a defence to a prosecution for an offence committed under subsection (1) to prove that the connection was made in accordance with a direction under section 92 .

(3) Without prejudice to subsection (5), where a notice under section 42 (2) takes effect in relation to any premises, agreement to a subsequent connection to a related waterworks shall be deemed to have been given for the purposes of compliance with subsection (1).

(4) Without prejudice to subsection (5), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waterworks for the purposes of this section, subject to such conditions as the water services authority may require, consistent with its functions under this section.

(5) (a) As a condition to the agreement of a water services authority to the connection of a premises to water supplies which are provided, or to be provided, by the water services authority or any person providing water services jointly with it or on its behalf, the water services authority may, in its absolute discretion and for the purposes of this section, require—

(i) that the length or overall capacity of the service connection, or such related pipes or accessories as it considers necessary, be increased to such extent beyond technical requirements as it may specify so as to enable adjoining or other premises to be connected to a waterworks, but subject to the water services authority—

(I) paying for any consequential increase in the cost of providing and installing the service connection or related pipes or accessories, and

(II) taking the service connection or related pipes or accessories into its charge or otherwise entering into an agreement in relation to their future use with the person seeking its agreement to connect the premises to the said water services,

as if the requirement was a requirement under section 34(4)(m) of the Act of 2000, or

(ii) that the service connection, or such related pipes or accessories as it considers necessary, be opened for inspection or testing, or otherwise inspected or tested, by an authorised person.

(b) For the purposes of the application of section 34(4)(m) of the Act of 2000 to this subsection, a reference to a planning authority shall be deemed to include a reference to a water services authority.

(6) A connection to water services referred to in subsection (5) shall not be made until the authorised person is satisfied that—

(a) the service connection or related pipes or accessories are—

(i) of a proper standard,

(ii) have been installed correctly,

and

(b) a connection to the water services in question may be properly made.

(7) For the purposes of subsection (6), and subject to any regulations under subsection (9), an authorised person may—

(a) give such direction in relation to—

(i) standards of workmanship or working practices generally,

(ii) technical specifications, including levels, for the service connection or related pipes or accessories, or their installation, or

(iii) the completion of the connection,

as appears to him or her to be necessary to comply with relevant prescribed standards, and

(b) carry out such inspection or testing as he or she considers necessary to verify compliance with a direction under paragraph (a).

(8) A water services authority, or any person providing water services jointly with it or on its behalf, may—

(a) close a connection to its water services made in contravention of subsection (1), or a connection to water services referred to in subsection (5) which is made in contravention of subsection (6) or a direction under subsection (7), or

(b) without prejudice to any power to prosecute provided for under this section—

(i) agree to the retention of a connection referred to in paragraph (a) subject to such conditions as it may specify, and

(ii) carry out such work on the connection (including associated pipes and fittings) as it considers necessary to bring it up to a proper standard, or direct that such work be carried out by a specified person,

and may recover any expenses incurred under this subsection from the person who made or caused the connection to be made, or on whose behalf it was made, or such other person who derives benefit from the connection.

(9) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, the regulations may include provisions in relation to—

(a) standards of workmanship or working practices,

(b) specifications for relevant materials and fittings, or

(10) A water services authority may recover any expenses incurred by it in relation to its functions under this section from the person who is making or has made the relevant connection, or on whose behalf it is being or was made.

(11) A person who—

(a) makes a connection referred to in subsection (5) in contravention of subsection (6) or a direction under subsection (7), or

(b) contravenes a regulation under subsection (9),

commits an offence.

Conservation of water.

56.— (1) For the purposes of conserving water, where an authorised person has reason to believe that the management, consumption or other use of water on a premises allows water to be wasted or fails to prevent water from being wasted or consumed in excessive amounts, he or she may by notice direct the owner or occupier of the premises to take such corrective action (including installation, repair or replacement of specified pipes, valves or meters and other accessories, or change in operating practice in relation to the management or use of water) as the authorised person considers necessary.

(2) An authorised person may by notice direct the owner or occupier of a premises to limit consumption of water supplied by a water services authority to the premises to such rate or quantity as may be specified in the notice.

(3) Where an authorised person is of the opinion that an immediate risk to human health or the environment or to the integrity of a water service necessitates a reduction in consumption of water supplied, he or she may issue a notice (in this section referred to as an “emergency notice”), having immediate effect, directing the owner or occupier of a premises to limit consumption of water supplied by a water services authority to the premises to such rate or quantity as may be specified in the notice.

(4) A person who fails to comply with a notice under subsection (1), (2) or (3) commits an offence.

(5) A notice under subsection (1) or (2) or an emergency notice under subsection (3) may issue to such owners or occupiers of a premises, such classes of owners or occupiers of such classes of premises as the case may be, as the authorised person considers necessary for the purposes of this section.

(6) An emergency notice under subsection (3) may, notwithstanding section 19 , also be issued by—

(a) advertisement in a newspaper circulating in the area concerned,

(b) broadcast on a radio or television channel generally available in the area, or

(7) A person to whom a notice under subsection (1) or (2) applies may, within one month from the date of the notice, appeal to the District Court in relation to the notice, or any condition of the notice.

(8) On the hearing of any appeal under subsection (7), the District Court may make an order upholding the notice or giving such directions to the water services authority concerned as the Court thinks proper in relation to the notice, including its amendment or withdrawal.

(9) A notice under subsection (1) or (2) shall become enforceable—

(a) in case an objection is not made against it, upon the expiration of one month from the date of the notice,

(b) in case an appeal is brought against it and the determination of the appeal does not set the notice aside, upon and in accordance with such determination, or

(c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal or on expiration of one month from the date of the notice, whichever is the later.

(10) An emergency notice under subsection (3) shall become enforceable on the date for compliance specified in the notice.

(11) (a) Where there is a failure to comply with a notice under subsection (1) or (2) or an emergency notice under subsection (3) the authorised person who issued such a notice may, on the issue of a further notice to the owner or occupier of a premises, restrict or cut off the supply of water to some or all of the premises referred to in the notice until he or she is satisfied that the notice under subsection (1) or (2) or the emergency notice under subsection (3) has been complied with.

(b) Paragraph (a) applies—

(i) in addition to and not in substitution for other penalties or provisions applying to non-compliance with a notice under subsection (1) or (2) or an emergency notice under subsection (3),

(ii) without prejudice to any other of the functions of the authorised person, and

(iii) at the discretion of the authorised person.

(12) Liability shall not accrue to a water services authority arising from any consequence of the restriction or cutting off of a supply of water in accordance with subsection (11).

(13) The Minister may make regulations for any of the following purposes, namely:

(a) the form and method of serving of a notice or emergency notice;

(b) the duration of a notice or emergency notice;

(d) the action to be carried out under a notice or emergency notice;

(e) the time limit by which action directed to be carried out under a notice or emergency notice must be completed;

(f) the minimum period of notice and other procedures to be followed before a water supply is restricted or cut off;

(g) the quality of materials and workmanship to be employed in any remedial action under a notice;

(h) the prevention of waste, undue consumption, misuse or contamination of water; or

(i) such incidental provisions as are necessary to ensure the effective application of this section.

(14) The Minister may make regulations for the purposes of water conservation and, without prejudice to the generality of the foregoing, such regulations may provide for 1 or more of the following:

(a) the specification of devices or systems to reduce demand for water in premises, and of obligations in relation to the design, installation or use of such devices or systems;

(b) the specification of obligations or technical requirements in relation to—

(i) the design, installation and use of devices or systems for collection, treatment or distribution of storm water or grey water,

(ii) the introduction of storm water or grey water into the distribution system of premises,

(iii) the redistribution of storm water or grey water for use for purposes other than human consumption;

(c) the specification of treatment standards for storm water or grey water, including different standards for different applications;

(d) the duties of owners or occupiers of premises in relation to conservation of water or waste water in the premises;

(e) the duties of water services providers in relation to conservation of water or waste water.

(15) (a) A person who contravenes a regulation under subsection (13) which is stated to be a penal regulation commits an offence.

(b) A person who contravenes a regulation under subsection (14) commits an offence.

(16) Where a water services authority is of the opinion that a serious deficiency of water available for distribution exists or is likely to exist in all or part of its functional area, either by itself or by another provider of water services, then it may by order, for a specified period, prohibit or restrict such class or classes of use, including use at specified times of the day, of any water supplied by it or the other provider of water services. Without prejudice to the generality of the foregoing, an order under this subsection may so prohibit or restrict the use of water—

(a) drawn through a hosepipe or similar apparatus for the purpose of—

(i) watering a garden,

(ii) watering recreational parks or sports grounds, either generally or any particular type of such park or ground,

(iii) irrigating or spraying crops, either generally or any particular type of crop, or

(iv) washing a mechanically propelled vehicle or a trailer,

(b) used for the provision of a commercial washing service for a vehicle or trailer, or

(17) Before making an order under subsection (16) the relevant water services authority shall give public notice of its intention to make such order and the period for which the order will remain in force by—

(a) causing an advertisement to be published in a newspaper circulating in the area,

(b) causing notification of the proposed order to be broadcast on a radio or television channel available in the area, or

(18) A person who contravenes an order under subsection (16) commits an offence.

(19) An authorised person or a member of the Garda Síochána who has reasonable grounds for believing that a person is committing or has committed an offence under subsection (18), may request that person to furnish his or her name and address to such authorised person or member.

(20) A person who, when requested to furnish his or her name or address to an authorised person or member of the Garda Síochána under subsection (19), fails to do so, or when so requested furnishes a name and address which is false or misleading commits an offence.

(21) Where a member of the Garda Síochána is of the opinion that an offence under subsection (20) is being or has been committed, then the member may arrest that person without warrant.

(22) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under subsection (18), he or she may give to such person a notice in the prescribed form stating that—

(a) the person is alleged to have committed the offence,

(b) the person may during the period of 21 days beginning on the date of the notice make to the water services authority specified in the notice a payment, accompanied by the notice, of an amount, being a fixed amount of €125, and

(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(23) Where a notice is given under subsection (22), then—

(a) a person to whom the notice applies may, during the period specified in the notice, make to the water services authority specified in the notice the payment specified in the notice, accompanied by the notice,

(b) the water services authority shall receive the payment and issue a receipt for it and may retain the money so paid to offset costs incurred by it in the course of performing its functions under this Act, and no payment so received shall in any circumstances be recoverable by the person who made it, and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(24) In a prosecution of an offence referred to in subsection (18), the onus of showing that a payment pursuant to a notice under subsection (22) has been made shall lie with the accused.

(25) In this section—

“ grey water ” means domestic waste water excluding that which is flushed from a toilet bowl or urinal;

“ water services authority ”, other than in subsections (16), (17) and (23), includes—

(a) an authorised provider of water services, and

(b) a person providing water services jointly with or on behalf of—

(i) a water services authority, or

(ii) an authorised provider of water services.

Pollution of water.

57.— A person who causes or permits water in any waterworks or service connection to become polluted commits an offence.

Taking samples of water.

58.— (1) A water services authority may, for the purposes of analysis, take samples from—

(a) any water supply, whether public or private, serving any part of its functional area, and

(b) a water supply referred to in section 32 (10).

(2) Where, on analysis of samples of water taken by a water services authority, it is found that the water constitutes a potential danger to human health, the water services authority shall, as soon as possible—

(a) ensure that—

(i) the supply of affected water is prohibited, or

(ii) the use of affected water is restricted,

(b) ensure that—

(i) subject to regulations under section 32 , such other necessary action, including remedial action, is taken to protect human health and to restore the quality of the supply to such prescribed standards as apply to the water supply concerned,

(ii) users are promptly informed of the potential danger and given any necessary advice, and

(iii) except where the extent of non-compliance with prescribed quality standards is considered by the water services authority not to be material in the circumstances, users are notified promptly of any remedial action taken.

(3) A water services authority may issue a notice for the purposes of this section, which, where it is addressed to users, may also—

(a) be given to such classes of users as the authority considers necessary, and

(b) notwithstanding section 19 , be issued by—

(i) advertisement in a newspaper circulating in the area,

(ii) being broadcast on a radio or television channel generally available in the area,

(iii) being made available on the internet, or

(iv) such other manner as the Minister may direct.

(4) A person who contravenes a requirement of a notice under this section commits an offence.

Power to order the closure of a polluted water source.

59.— (1) Where a water services authority becomes aware that water from any source, whether surface water or groundwater or treated water, which is intended for human consumption constitutes a potential danger to human health, it may serve a notice, either on the owner or person having charge of that supply of water, requiring that person, as appropriate, to—

(a) shut down the water source in question,

(b) cease supplying water from that source, or

(c) take specified remedial action to restore water quality to the satisfaction of the water services authority before continuing to take or provide a supply of water from that source.

(2) A person who fails to comply with a requirement of a notice under subsection (1) commits an offence.

PART 4

Waste Water

Maintenance of waste water works.

60.— (1) A person who owns, has in his or her charge or otherwise has control over a waste water works shall cause it to be properly maintained so as not to—

(a) cause, or be likely to cause a risk to human health or the environment, including risk to waters, the atmosphere, land, soil, plants or animals, or

(b) create a nuisance through odours.

(2) A person who contravenes subsection (1) commits an offence.

Waste water connections.

61.— (1) (a) A person who causes or permits the connection of a premises to waste water services, either directly or indirectly, without the agreement of the provider of those services, commits an offence.

(b) For the purposes of paragraph (a), and without prejudice to subsection (6), the agreement of a water services authority under this subsection may be made the subject of such conditions as the water services authority may specify.

(c) In considering whether to agree to a connection under this section, a water services authority shall be entitled to take into account the matters referred to in paragraph 1 of the Fourth Schedule to the Act of 2000 in so far as they may apply to the provision of waste water services by it or another person acting jointly with it or on its behalf.

(2) A person who causes or permits the discharge of any effluent or other matter to a waste water works, whether directly or indirectly, without the agreement of the relevant water services provider commits an offence.

(3) It is a defence to a prosecution for an offence committed under subsection (1) to prove that the connection was made in accordance with a direction under section 92 .

(4) Without prejudice to subsection (6), where a notice under section 42 (1) takes effect in relation to any premises, agreement to a subsequent connection to a related waste water works shall be deemed to have been given for the purposes of compliance with subsection (1).

(5) Without prejudice to subsection (6), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waste water works for the purposes of this section, subject to such conditions as the water services authority may require consistent with its powers under this section.

(6) (a) As a condition to the agreement of a water services authority to the connection of a premises to waste water services which are provided, or to be provided, by the water services authority or any person providing water services jointly with it or on its behalf, the water services authority may, at its absolute discretion and for the purposes of this section, require—

(i) that the length or overall capacity of the service connection, or such related pipes or accessories as it considers necessary, be increased to such extent beyond technical requirements as it may specify so as to enable adjoining or other premises to be connected to a waste water works, but subject to the water services authority—

(I) paying for any consequential increase in the cost of providing and installing the service connection or related pipes or accessories, and

as if the requirement was a requirement under section 34(4)(m) of the Act of 2000, or

(ii) that the service connection, or such related drainage pipes or accessories as it considers necessary, be opened for inspection or testing, or otherwise inspected or tested, by an authorised person.

(7) A connection to water services referred to in subsection (6) shall not be made until the authorised person is satisfied that—

(a) the service connection or related pipes or accessories are—

(i) of a proper standard,

(ii) have been installed correctly, and

(b) a connection to the water services in question may be properly made.

(8) For the purposes of subsection (7), and subject to any regulations under subsection (10), an authorised person may—

(a) give such direction in relation to—

(i) standards of workmanship or working practices generally,

(ii) technical specifications, including levels, for the service connection or related pipes or accessories, or their installation, or

(iii) the completion of the connection,

as appear to him or her to be necessary to comply with relevant prescribed standards, and

(b) carry out such inspection or testing as he or she considers necessary to verify compliance with a direction under paragraph (a).

(9) A water services authority, or any person providing water services jointly with it or on its behalf, may—

(a) close a connection to its water services made in contravention of subsection (1), or a connection to water services referred to in subsection (6) which is made in contravention of subsection (7) or a direction under subsection (8), or

(b) without prejudice to any power to prosecute provided for under this section—

(i) agree to the retention of a connection referred to in paragraph (a) subject to such conditions as it may specify, and

(10) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, the regulations may include provisions in relation to—

(a) standards of workmanship or working practices,

(b) specifications for relevant materials and fittings, or

(11) A water services authority may recover any costs incurred by it in relation to its functions under this section from the person who is making or has made the relevant connection, or on whose behalf it is being or was made.

(12) A person who—

(a) makes a connection referred to in subsection (6) in contravention of subsection (7) or a direction under subsection (8), or

(b) contravenes a regulation under subsection (10),

commits an offence.

Nuisances in sewers, drainage of premises, etc.

62.— (1) It shall be lawful for a water services authority after 7 days notice in writing to the occupier of the land in which such sewer or part thereof is situated or, in case of emergency, without notice or after shorter notice, to cause such tests to be carried out as it considers necessary, or cause such sewers, or part thereof to be opened and examined, and for those purposes to cause any necessary openings and excavations to be made, where it appears to the water services authority that a sewer or part thereof may—

(a) be, or may be likely to become inadequate, defective, foul or neglected,

(b) cause a risk to human health or the environment, or

(2) If a sewer, or part thereof, is found on an examination or test under subsection (1) of this section not to be inadequate, defective, foul or neglected, or cause a risk to human health or the environment or permit infiltration of water, the water services authority which authorised the examination shall, subject to subsections (4) and (5), cause such sewer to be restored and any openings or excavations made in connection with the examination to be closed or filled up and any damage done to be made good.

(3) If a sewer, or part thereof, is found following test or examination under subsection (1) to be inadequate, defective, foul or neglected and any works are necessary for the abatement or prevention of risk to human health or the environment or the infiltration of water, the following provisions shall have effect:

(a) the water services authority may, at its absolute discretion—

(i) execute such works in the first instance or in the event of failure to comply with a notice under subparagraph (ii), or

(ii) direct the owner of the sewer by notice to execute such works;

(b) the water services authority may recover the cost of such works (including the cost of the test or examination) from the owner of the sewer.

(4) If a drain or related service connection or part thereof is found on investigation by a water services authority not to be inadequate, defective, foul or neglected or to permit the infiltration or exfiltration of water or waste water, but it appears to the water services authority that any separate premises drained by such system or part thereof is not drained satisfactorily, the water services authority may serve notice on the owner in accordance with section 42 , or may provide or contribute to the cost of providing drainage for the premises.

(5) If a drain or related service connection or part thereof is found on investigation by a water services authority to be inadequate, defective, foul or neglected or to permit infiltration or exfiltration of water or waste water, and it appears to the water services authority that after executing the necessary remedial works, any premises would still not be drained satisfactorily, such water services authority may serve on the owner of such premises a notice under section 42 , or may provide or contribute to the cost of providing drainage for the premises.

(6) Where a drain or service connection used for the whole or any part of the drainage of the premises, to which this section refers, is used in common by two or more premises, notice under section 42 may be served on any one or more of the owners, and it shall not be necessary to serve such notice on all such owners.

(7) For the purposes of this section, any drain, toilet or washing facility shall be regarded as part of the drain of the premises which it serves.

(8) A person who fails to comply with a direction under subsection (3)(a)(ii) commits an offence.

Licensing of discharges to sewers.

63.— (1) (a) A person other than a water services authority shall not, after such date as may be fixed for the purpose of this section by order made by the Minister, discharge or cause or permit the discharge, either directly or indirectly, of any trade effluent or other matter (other than domestic waste water or storm water) to a sewer or part thereof which is owned, vested in or otherwise under the control of a water services authority, or a person providing water services under an agreement with a water services authority, except under and in accordance with a licence under this section granted by the water services authority which owns the sewer or in which the sewer is vested or by which it is controlled, or under an agreement with which a person providing water services is providing or otherwise controls such sewer.

(b) Notwithstanding paragraph (a), subject to section 92 , the issue of a licence under this section to discharge to a sewer or part thereof which is owned, vested in or otherwise under the control of a person providing services under an agreement with a water services authority shall be subject to the agreement of that person to the discharge to the sewer.

(c) A licence issued under paragraph (a) to a water services provider in respect of the discharge of trade effluent or other matter (other than domestic waste water or storm water) to a sewer may, where the issuing authority is the same water services authority, be incorporated into the licence issued by that authority to the water services provider under Part 6 of this Act in respect of the provision of that water service which gives rise to the discharge in question to the sewer.

(2) (a) A water services authority may at its discretion—

(i) refuse to grant a licence under this section,

(ii) grant a licence subject to such conditions as it thinks appropriate and specifies in the licence.

(b) In considering whether or not to grant a licence under this section a water services authority shall take full account of—

(i) the objectives contained in any relevant plan under section 15 of the Act of 1977 and under section 36 , and

(ii) whether the grant of such a licence would be prejudicial to the waste water works into which the proposed discharge would be made.

(3) A water services authority shall not grant a licence under this section in respect of the discharge of a trade effluent which would not comply with any relevant standard prescribed under section 26 of the Act of 1977, or would be inconsistent with requirements of subsection (2)(b).

(4) A water services authority shall take all such steps as may be appropriate in the discharge of its functions under this section, and under section 99E of the Act of 1992 as inserted by section 15 of the Protection of the Environment Act 2003 , to ensure that the requirements of Schedule 2 are complied with in respect to the discharge of relevant waste water, and shall review, and if necessary revise, any licence concerned at intervals provided for in section 65 .

(5) Without prejudice to the generality of subsection (2), conditions attached to a licence under this section may—

(a) relate to—

(i) the nature, composition, temperature, volume, rate, method of treatment and location of a discharge and the periods during which a discharge may be made or may not be made,

(ii) the provision and maintenance of meters, gauges, other apparatus, manholes and inspection chambers,

(iii) the taking and analysis of samples, the keeping of records and furnishing of information to the water services authority,

(iv) measuring the intake of water to a premises for the purpose of assessing waste water discharge volumes,

(v) action to be taken in the event of an emergency,

(b) provide for the payment by the holder of the licence to the water services authority concerned of such amount or amounts, as may be determined by the water services authority having regard to the expenditure incurred or to be incurred by it, in relation to its administration of the licensing system provided for in this section, including monitoring the discharge of trade effluent or other matter, and

(6) Any conditions attached to a licence under this section shall be binding on any person discharging, or causing or permitting the discharge of trade effluent or other matter to which the licence relates.

(7) Where, after 3 years from the date on which a licence under this section is granted, no discharge of the type authorised by the licence has been made, or, at any time, where such a discharge has ceased for a period of 3 years, the licence shall cease to have effect.

(8) A water services authority may serve on any person making, causing or permitting a discharge or entry in contravention of any of the provisions of this section, a notice 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.

(9) Where a person does not comply with a notice under subsection (8) within the period specified in the notice, the water services authority which served the notice may take any steps it considers necessary to prevent the discharge or entry 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.

(10) A notice may be served under subsection (8) whether or not there has been a prosecution under this section.

Irish Statute Book

Water Services Act 2007