S.I. No. 78/1999 - Local Government Act, 1994 (Bye-Laws) Regulations, 1999.

1. (

a

) These Regulations may be cited as the Local Government Act, 1994 (Bye-Laws) Regulations, 1999.

(

b

) These Regulations and the Local Government Act, 1994 (Bye-Laws) Regulations, 1995 (

S.I. No. 360 of 1995

) shall be construed as one and may be cited together as the Local Government Act, 1994 (Bye-Laws) Regulations, 1995 and 1999.

2. In these Regulations —

“the Act of 1990” means the

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

(No. 21 of 1990), and

“the Act of 1994” means the

Local Government Act, 1994

(No. 8 of 1994) as amended by the

Litter Pollution Act, 1997

(No. 12 of 1997).

3. Subsections (4) to (9) of section 37 (other than paragraph (i) of subsection (4)), sections 38, 40 (other than subsection (1)), 41 and 42 of the Act of 1994 shall apply to section 21 of the Act of 1990.

4. The Minister for the Environment and Local Government shall be the appropriate Minister for the purposes of Part VII of the Act of 1994 in relation to bye-laws under section 21 of the Act of 1990.

5. Section 21(3) of the Act of 1990 is hereby modified by the substitution of “£1,500” for “£1,000” in paragraph (

b

).

6. Subsections (2)(

e

) and (4) of section 21, sections 26 and 27(

c

) of the Act of 1990 shall, on the commencement of these Regulations, cease to apply in relation to bye-laws made under section 21 of that Act.

7. Where, prior to the making of these Regulations, notice of a proposal to make bye-laws was published by a local authority in accordance with section 21(4) of the Act of 1990 and the same had not been made prior to the making of these Regulations, the proposal shall cease to have effect.

8. Article 7 of the Local Government Act, 1994 (Bye-Laws) Regulations, 1995 is hereby amended by the substitution of “£50” for “£25”.

GIVEN under the Official Seal of the Minister for the Environment and Local Government this 6th day of April, 1999.

NOEL DEMPSEY,

Minister for the Environment and Local Government

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations apply certain provisions of Part VII (Bye-Laws) of the Local Government Act, 1994 to

section 21

of the

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

. The purpose is to extend and strengthen the powers of local authorities in relation to the making of bye-laws under the 1990 Act in relation to agricultural activities.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by

sections 3

,

37

(8),

41

and

43

of the

Local Government Act, 1994

(No. 8 of 1994), hereby makes the following Regulations:—