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

Amendment of section 6 of Principal Act.

4.—Section 6 of the Principal Act is hereby amended by the insertion of the following subsections after subsection (2):

“(2A) Regulations under this section may make provision for—

(a) the payment to a local authority of a fee of such amount as may be specified in respect of an application to it for a licence under section 4, and

(b) the payment to An Bord Pleanála of a fee of such amount as may be specified in respect of an appeal to it under section 8,

and any such regulations may make provision for—

(i) the payment of fees of different amounts in respect of different classes of such applications and appeals as aforesaid,

(ii) exemption from the payment of fees provided for under paragraph (a) or (b) in such circumstances as may be specified,

(iii) the waiver, remission or refund (in whole or in part) of any such fees as aforesaid in such circumstances as may be specified, and

(iv) the manner in which such fees may be disposed of.

(2B) Where, pursuant to regulations under this section, a fee is payable to a local authority in respect of an application for a licence under section 4, the local authority shall not entertain the application unless the fee is received by the local authority.

(2C) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of an appeal under section 8, the appeal shall not be entertained unless the fee is received by An Bord Pleanála before the expiration of the prescribed period referred to in subsection (1) of that section.

(2D) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of an appeal under section 8 and the person by whom the fee is payable is neither the applicant for the licence to which the appeal relates nor the person or one of the persons who brought the appeal, An Bord Pleanála shall not entertain submissions or observations in relation to the appeal made by or on behalf of the person by whom the fee is payable unless the fee is received by An Bord Pleanála.

(2E) Where, pursuant to regulations under this section, a fee is payable to An Bord Pleanála in respect of a request for the oral hearing of an appeal, An Bord Pleanála shall not consider the request unless the fee is received by An Bord Pleanála.”.