Local Government (Planning and Development) Act, 1990
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PART V Connection of Premises to Public Sewers and Water Supplies | ||
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Connection to sanitary authority sewers. |
25.—(1) This section shall apply to any structure which, at the commencement of this section— | |
(a) is an unauthorised structure or a structure the use of which constitutes an unauthorised use, or | ||
(b) is not connected to a sewer of a sanitary authority, | ||
or to any structure which is constructed, erected or made on or after the commencement of this section. | ||
(2) Section 27 of the Public Health (Ireland) Act, 1878 , shall not apply in relation to a structure to which this section applies. | ||
(3) Notwithstanding section 23 of the Public Health (Ireland) Act, 1878 , or any other enactment, the owner or occupier of a structure to which this section applies shall not be entitled to connect his drains to any sewer of the sanitary authority in whose functional area the premises is situated except with the consent of the sanitary authority, which may be given subject to such conditions as the sanitary authority consider reasonable. | ||
(4) Any person who connects a drain or causes it to be connected to a sewer of a sanitary authority in contravention of subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000. | ||
(5) The sanitary authority may close any connection between a drain and sewer made in contravention of subsection (3) and may recover from the person who made the connection or who caused the connection to be made any expenses incurred by them under this subsection and in default of the said amount being paid to the authority, it shall be recoverable as a simple contract debt in any court of competent jurisdiction. | ||
(6) Where a notice under section 8 (1) of the Local Government (Sanitary Services) Act, 1962 takes effect in relation to any premises, a consent of the sanitary authority by whom the notice has been served shall not be required under subsection (3) for the connection of the said premises to the appropriate sewer of the sanitary authority. | ||
(7) Unless otherwise indicated, the grant of a permission under Part IV of the Principal Act, or of approval under bye-laws made under section 41 of the Public Health (Ireland) Act, 1878 , or section 23 of the Public Health Acts Amendment Act, 1890 , or regulations made under section 86 of the Principal Act in relation to a structure to which this section applies shall be taken to include the consent of the sanitary authority under subsection (3) to the connection of that structure to the appropriate sewer of the sanitary authority. | ||
(8) In considering whether to give consent under subsection (3), a sanitary authority shall be entitled to have regard to the constraints described at paragraph 1 of the Third Schedule in so far as these may apply to the provision of sewerage facilities by them. | ||
(9) In this section, each of the terms “drain”, “sanitary authority” and “sewer” has the meaning assigned to it in the Local Government (Sanitary Services) Acts, 1878 to 1964. |