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

Regulation and prohibition of certain agricultural activities.

21.—(1) In this section “activity” means any one or more of the following:

(a) the collection, storage, treatment and disposal of any polluting matter used in connection with, or arising from any operation, activity, practice or use of land or other premises carried on for the purposes of agriculture, horticulture or forestry;

(b) any activity that involves the application to land or to growing crops, or the injection into land, of any silage effluent, animal slurry, manure, fertiliser, pesticide or other polluting matter;

(c) any other operation, activity, practice or use of land or other premises for the purposes of agriculture, horticulture or forestry.

(2) (a) Whenever a local authority considers that, for the purpose of preventing or eliminating the entry of polluting matter to waters, it is necessary to do so, it may make bye-laws prohibiting the carrying on of a specified activity in the whole or a specified part of its functional area or providing for the regulation of the carrying on of a specified activity in the whole or a specified part of its functional area.

(b) Whenever the Minister considers that, for the purpose of preventing or eliminating the entry of polluting matter to waters, it is necessary to do so, the Minister may direct a local authority to make bye-laws prohibiting the carrying on of a specified activity in the functional area of the authority or in a specified part of that area or providing for the regulation in such manner as the Minister may specify of the carrying on of a specified activity in the functional area of the authority or in a specified part of that functional area and the local authority shall comply with the direction.

(c) Without prejudice to the generality of paragraphs (a) and (b), bye-laws under this subsection may specify the manner in which, the conditions subject to which, the times at which and the circumstances in which an activity may be carried on and may impose restrictions, controls and requirements in relation to the carrying on of the activity and the bye-laws may make different provisions in relation to different areas, different parts of areas, different activities and different circumstances.

(d) Bye-laws under this subsection may make provision for such incidental, supplementary and consequential provisions as appear to the local authority making the bye-laws to be necessary or expedient for the purposes of the bye-laws or the functions of the authority under this section.

(e) Bye-laws under this subsection shall be subject to the approval of the Minister.

(3) (a) A person who contravenes or fails to comply with bye-laws under subsection (2) shall be guilty of an offence.

(b) A person guilty of an offence under this subsection shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(ii) if the offence is a contravention of or failure to comply with a bye-law prohibiting the carrying on of a specified activity or a bye-law relating to a matter referred to in subsection (2) (c), on conviction on indictment, to a fine not exceeding £25,000 or to imprisonment for a term not exceeding 5 years or to both.

(4) Where a local authority proposes to make bye-laws under paragraph (a) or (b) of subsection (2)

(a) it shall publish notice of the proposal, of the area to which the proposed bye-laws will apply and of the place where and period during which copies of the proposed bye-laws may be inspected and purchased in at least one newspaper circulating in that area,

(b) the notice published pursuant to paragraph (a) shall contain a statement to the effect that any person aggrieved by the proposed bye-laws may make representations in writing to the Minister in relation to them during the period specified in the notice,

(c) it shall deposit copies of the proposed bye-laws at its offices, and they shall be made available there for inspection and purchase by members of the public at all reasonable times during the period specified in the notice under paragraph (a),

(d) any person aggrieved by the proposed bye-laws may make representations in writing to the Minister in relation to them during such period as may be specified in the notice (not being less than 30 days from the latest date on which the notice is published pursuant to paragraph (a)),

(e) the Minister shall consider any representations duly made under paragraph (d) before deciding whether to give or refuse to give his approval to the proposed bye-laws,

(f) the Minister may direct the authority to make specified amendments to the proposed bye-laws and, if he does so, paragraphs (a) to (e) shall be deemed to have been complied with in relation to the bye-laws as amended in accordance with the direction,

(g) if, upon the expiration of the period of 6 months from the latest date upon which representations may be made to the Minister under paragraph (d) in relation to the proposed bye-laws, the Minister has not given a decision under paragraph (e) and has not given a direction in relation to them under paragraph (f), the Minister shall be deemed to have given his approval to the proposed bye-laws under paragraph (e),

(h) the bye-laws shall, as soon as may be after they are made, be published in Iris Oifigiúil and notice of their making, of the area to which they apply and of the place where copies of them may be purchased or inspected shall be published in at least one newspaper circulating in the area to which they relate.

(5) For the purposes of the application of section 28 of the Principal Act in relation to this section, the reference in subsection (1) (c) of that section to regulations under the Principal Act shall be construed as including a reference to bye-laws under this section.