Local Government (Sanitary Services) Act, 1964
|
Abstraction of water by sanitary authorities from reservoirs of the Electricity Supply Board. |
4.—(1) A sanitary authority and the Board may enter into an agreement (in this section referred to as a water agreement) whereby the sanitary authority may abstract and the Board may permit the authority to abstract from a reservoir, upon such terms and subject to such conditions as may be specified in the agreement, water impounded by the Board in the reservoir. | |
(2) Whenever the Minister, upon the request of a sanitary authority and after consultation with the Minister for Transport and Power and the Minister for Lands, so thinks fit and so directs, the sanitary authority and the Board shall enter into a water agreement containing such terms and conditions as may be determined by the Minister after consultation with the Minister for Transport and Power and the Minister for Lands. | ||
(3) A water agreement shall be deemed, for the purposes of the Public Health (Ireland) Act, 1878 , to be a contract for the supply of water made by the sanitary authority concerned with the Board under section 61 of that Act and, accordingly, the provisions of that Act (other than sections 35 and 36) relating to the supply of water by a sanitary authority and the purchase of land by a sanitary authority shall apply and have effect (subject to the modifications mentioned in this section) in relation to the execution of the necessary waterworks and the carrying out of the agreement by the sanitary authority. | ||
(4) For the purposes of the application of the provisions aforesaid of the Public Health (Ireland) Act, 1878 , to the execution of the waterworks required for the carrying out of a water agreement and to the carrying out in other respects of the agreement, the following modifications of the said provisions shall have effect, that is to say: | ||
(a) the period of one month shall be substituted for the period of two months mentioned in section 63 of the said Act, and | ||
(b) “water mains” shall be construed in section 64 of the said Act as including aqueducts, conduits, culverts and tunnels for conveying water for the purposes of a water supply. | ||
(5) (a) A sanitary authority shall not enter into a water agreement without the consent of the Minister. | ||
(b) Before deciding whether to grant or withhold his consent to the entry by a sanitary authority into a water agreement, the Minister shall consult with the Minister for Lands, and in so deciding, the Minister shall have regard to any liability of the Board to discharge water from the reservoir to which the agreement relates into the river on which the reservoir stands down stream of the reservoir. | ||
(6) Where a sanitary authority propose to enter into a water agreement, the authority shall, at least one month before doing so, publish in a newspaper circulating in their sanitary district and in a newspaper circulating in the sanitary district in which is situate the reservoir to which the proposed agreement relates a notice stating— | ||
(a) their intention to enter into the agreement, | ||
(b) the place at which it is proposed to abstract water from the reservoir, | ||
(c) the maximum amount of water which it is proposed to abstract in a day, | ||
(d) the purpose for which it is proposed to abstract water, and | ||
(e) the nature of any works proposed to be carried out in pursuance of the agreement. | ||
(7) Where a water agreement has been entered into, section 13 of the Water Supplies Act, 1942 , in so far as it enables a sanitary authority to take in accordance with a proposal under section 2 of that Act a supply of water from the source of water to which the proposal relates, section 14 (other than subsections (2) and (3)) and sections 15 and 16 of that Act shall apply and have effect as if the water agreement were a proposal under the said section 2 subject to the modifications that an application under the said section 14 shall not be made after the expiration of two years from the date on which the water agreement comes into force and that compensation for damage shall not be paid by a sanitary authority under that Act if compensation for such damage has been paid by the Board. | ||
(8) Compensation for damage shall not be paid by the Board if compensation for such damage has been paid by a sanitary authority under the Water Supplies Act, 1942 . | ||
(9) Subject to subsection (7) of this section, the Water Supplies Act, 1942 , shall not apply in relation to the abstraction by a sanitary authority of water impounded in a reservoir by the Board. | ||
(10) In this section “the Board” means the Electricity Supply Board. |