Local Government (Water Pollution) Regulations, 1992

• Jurisdiction: Ireland

S.I. No. 271 of 1992.
LOCAL GOVERNMENT (WATER POLLUTION) REGULATIONS, 1992.
In exercise of the powers conferred on the Minister for the Environment by sections 9 and 30 of the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977), by sections 6, 7, 17, and 19 of that Act as amended respectively by sections 4 , 5 , 13 and 14 of the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990), by section 26 of the Local Government (Water Pollution) Act, 1977 , as amended by sections 18 and 29 of the Local Government (Water Pollution) (Amendment) Act, 1990 and by sections 8 , 20 and 21 of the Local Government (Water Pollution) Act, 1977 as substituted respectively by sections 6 , 15 and 16 of the Local Government (Water Pollution) (Amendment) Act, 1990 , which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1992 ( S.I. No. 136 of 1992 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:—
PART I PRELIMINARY AND GENERAL
	1. (1) These Regulations may be cited as the Local Government (Water Pollution) Regulations, 1992.
(2) These Regulations and the Local Government (Water Pollution) Regulations, 1978 ( S.I. No. 108 of 1978 ), shall be construed together and may be collectively cited as the Local Government (Water Pollution) Regulations, 1978 and 1992.
	2. These Regulations shall come into operation on the 1st day of November, 1992.
	3. In these Regulations—
any reference to an article which is not otherwise identified is a reference to an article of these Regulations;
any reference to a sub-article or paragraph which is not otherwise identified is a reference to a sub-article or paragraph of the provision in which the reference occurs;
any reference to a provision of the Principal Act which has been amended or substituted by the Act of 1990 is a reference to such provision as so amended or substituted as the case may be;
"the Act of 1990" means the Local Government (Water Pollution) (Amendment) Act, 1990 ;
"the 1978 Regulations" means the Local Government (Water Pollution) Regulations, 1978;
"licence" means a licence under section 4 or 16 of the Principal Act and includes such a licence revised under section 7 or 17 of that Act;
"licence application" means an application to a local authority or a sanitary authority for a licence;
"review" means the review of a licence under section 7 or 17 of the Principal Act.
	4. The Local Government (Water Pollution) (Fees) Regulations, 1985 ( S.I. No. 115 of 1985 ) and Part IV of the 1978 Regulations are hereby revoked.
PART II AMENDMENTS TO THE 1978 REGULATIONS
	5. The 1978 Regulations are hereby amended by—
( a ) the substitution of the words "for the purpose of an appeal" for the words "in article 26" and the substitution of the words "the specified fee" for the words "a deposit of £10" in paragraph (c) of article 11 (1),
( b ) the substitution for article 15 (2) of the following sub-article:
"(2) A notice by a local authority under sub-article (1) shall include a statement that an appeal under section 8 may be made to the Board by any person within the period prescribed and that any such appeal must be accompanied by the specified fee and shall specify—
( a ) whether any condition of the licence the subject of the review has been deleted,
( b ) whether and in what way any condition of the licence has been amended,
( c ) any conditions or additional conditions which have been attached to the licence,
( d ) in the event of the revocation of the licence, the reasons for such revocation, and
( e ) the date of the decision of the local authority.",
( c ) the insertion of the words "within the period prescribed for the purpose of an appeal" after the word "Board" and the substitution of the words "the specified fee" for the words "a deposit of £10" in article 20,
( d ) the substitution for article 24 (2) of the following sub-article:
"(2) A notice by a sanitary authority under sub-article (1) shall include a statement that an appeal under section 20 may be made to the Board within the period prescribed and that any such appeal must be accompanied by the specified fee and shall specify—
( a ) whether any condition of the licence the subject of the review has been deleted,
( b ) whether and in what way any condition of the licence has been amended,
( c ) any conditions or additional conditions which have been attached to the licence,
( d ) in the event of the revocation of the licence, the reasons for such revocation, and
( e ) the date of the decision of the sanitary authority.".
	6. The 1978 Regulations are hereby amended by—
( a ) the addition after article 10 of the following article:
"10A. Where a licence application is made to a local authority in accordance with these Regulations and the relevant requirements of or under these Regulations are complied with, the local authority shall determine the application within a period of two months beginning on the day of the receipt of the application or the day on which all of those requirements are complied with, whichever is the later.",
( b ) the addition after article 19 of the following article:
"19A. Where a licence application is made to a sanitary authority in accordance with these Regulations and the relevant requirements of or under these Regulations are complied with, the sanitary authority shall determine the application within a period of two months beginning on the day of the receipt of the application or the day on which all of those requirements are complied with, whichever is the later.".
PART III LICENCE APPLICATIONS AND REVIEWS
	7. (1) A fee shall be paid to a local authority by an applicant in respect of a licence application under section 4 of the Principal Act and to a sanitary authority in respect of a licence application under section 16 of that Act.
(2) The amount of the fee payable under this article is hereby specified to be £300.
	8. (1) A fee shall be paid by the licensee to a local authority in respect of a review of a licence under section 7 of the Principal Act or to a sanitary authority in respect of a review of a licence under section 17 of that Act where the licensee applies to the local authority or the sanitary authority to review the licence.
(2) The amount of the fee payable under this article is hereby specified to be £300.
	9. An application by a licensee to a local authority or sanitary authority to review a licence shall be made in writing and shall state in full the grounds on which it is made.
PART IV APPEALS
	10. In this Part—
"appeal" means an appeal under section 8 or 20 of the Principal Act;
"the Board" means An Bord Pleanala;
"oral hearing" means an oral hearing of an appeal;
"party to an appeal" means—
( a ) in the case of an appeal under section 8 of the Principal Act—
(i) the appellant,
(ii) the local authority which granted, refused or reviewed a licence in relation to which an appeal is made,
(iii) the applicant for a licence when an appeal is made by another person,
(iv) the person making, causing or permitting a discharge where an appeal is made by another person in relation to a review of a licence for that discharge,
( b ) in the case of an appeal under section 20 of the Principal Act—
(i) the appellant,
(ii) the sanitary authority which granted, refused or reviewed a licence in relation to which an appeal is made;
"relevant persons" means each party to any appeal and any person who has made submissions or observations to the Board in accordance with article 18 of these Regulations;
"State authority" has the meaning assigned to it by section 84 (2) of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963).
	11. Where a requirement of or under these Regulations requires submissions or observations to be made, or documents, particulars or other information to be submitted to the Board within a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, the submissions or observations, or 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 Board on the next following day on which the offices of the Board are open.
	12. (1) The prescribed period for the purpose of an appeal shall be—
( a ) in the case of an appeal relating to the grant or refusal of a licence, the period of one month beginning on the date of the grant or refusal of the licence,
( b ) in the case of an appeal relating to the decision of a local authority or sanitary authority on a review of a licence, the period of one month beginning on the date of the decision.
(2) An appeal received by the Board after the expiration of the appropriate period prescribed in sub-article (1) shall be invalid.
(3) Where the last day of the appropriate period prescribed in sub-article (1) is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, an appeal shall, notwithstanding sub-article (2), be valid as having been made in time if received by the Board on the next following day on which the offices of the Board are open.
(4) Sections 8 (1) (a), 20 (1) (a) and (b) of the Principal Act authorising appeals to be made before the expiration of the period prescribed within the meaning of the said provisions shall be construed as including a provision that an appeal received by the Board after the period prescribed shall be invalid as not having been made in time.
	13. (1) An appeal shall—
( a ) be made in writing,
( b ) state the name and address of the...