(LRC Revised)

Number 1 of 1977

LOCAL GOVERNMENT (WATER POLLUTION) ACT 1977

REVISED

Updated to 28 August 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Local Government (Water Pollution) Act 1977

.

It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to

undertake revision and consolidation of statute law.

All Acts up to and including the

Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act

2024

(30/2024), enacted 23 July 2024, and all

statutory instruments up to and including the

Water Environment (Abstractions and Associated Impoundments) Act 2022 (Commencement)

Order 2024

(S.I. No. 417 of 2024), made 28 August 2024, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

1

of

1977

LOCAL GOVERNMENT (WATER POLLUTION) ACT 1977

REVISED

Updated to 28 August 2024

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Water Pollution Advisory Council.

3.

General prohibition on entry of polluting matter to waters.

4.

Licensing of trade and sewage effluents.

5.

Provisions consequential on section 4.

6.

Regulations for the purpose of section 4 and 8.

7.

Review of licence under section 4.

8.

Appeals in relation to sections 4 and 7.

9.

Registers of licences under sections 4 and 16 and of water abstractions.

10.

Provisions relating to certain contraventions under Act.

11.

High Court's power to prohibit continuance of contravention of section 3 (1) or 4

(1).

12.

Local authority's power to require measures to be taken to prevent water pollution.

13.

Local authority's power to prevent and abate pollution in certain circumstances.

14.

Notification of accidental discharges.

15.

Water quality management plans.

16.

Licensing of discharges to sewers.

17.

Review of licence under section 16.

18.

Provisions consequential on section 16.

19.

Regulations for the purpose of sections 16 and 20.

20.

Appeals in relation to sections 16 and 17.

21.

Transfer of certain appeals to An Bord Pleanála.

22.

Monitoring, etc. by local authorities and sanitary authorities.

23.

Obligation to give information to local authorities and sanitary authorities.

24.

Consultation by local authorities, sanitary authorities and boards of conservators.

25.

Establishment of water quality control authorities.

26.

Quality standards, etc.

26A.

Regulations for the prevention or limitation of water pollution.

27.

Regulations restricting use of certain vessels.

28.

Powers of entry, inspection, etc.

29.

Research, etc. into water pollution.

30.

Regulations generally.

31.

Local authority's power to prosecute.

32.

Service of notices under Act.

33.

Commencement.

34.

Repeals.

35.

Expenses.

36.

Short title.

Acts Referred to

Foreshore Act, 1933

1933, No. 12.

Harbours Act, 1946

1946, No. 9.

Shannon Electricity Act, 1925

.

1925, No. 26.

Liffey Reservoir Act, 1936

.

1936, No. 54.

Arterial Drainage Act, 1945

.

1945, No. 3.

Electricity (Supply) (Amendment) Act, 1945

.

1945, No. 12.

Turf Development Act, 1946

.

1946, No. 10.

Local Authorities (Works) Act, 1949

.

1949, No. 17.

Local Authorities (Combined Purchasing) Act, 1939

1939, No. 14.

Local Government (Superannuation) Act, 1956

1956, No. 10.

Companies Act, 1963

1963, No. 33.

Rivers Pollution Prevention Act, 1876

1876, c.75.

Rivers Pollution Prevention Act, 1893

1893, c.31.

Fisheries (Consolidation) Act, 1959

1959, No. 14.

Number

1

of

1977

LOCAL GOVERNMENT (WATER POLLUTION) ACT 1977

REVISED

Updated to 28 August 2024

AN ACT TO PROVIDE FOR THE CONTROL OF WATER POLLUTION AND FOR OTHER MATTERS CONNECTED

WITH WATER POLLUTION. [15

th March,

1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of

collectively cited

Local Government (Water Pollution) Acts

restricted

(21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations

2011

(S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3). The

collectively cited

Local Government (Water Pollution) Acts

are listed in

sch. 2.

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

42. ...

(22) Notwithstanding any provision

of any statute listed in the Second Schedule that provides for the consent for a

plan or project to which this Regulation applies to be obtained by default on the

failure of the public authority to provide a response within a specified timescale

or otherwise, that provision shall not have effect in respect of any plan or

project to which this Regulation applies.

...

C2

Certain requirements

applied to future authorisations to discharge into surface waters under Act

(30.07.2009) by

European Communities Environmental Objectives (Surface Waters)

Regulations 2009

(S.I. No. 272 of 2009), reg. 9, in effect as per reg.

1(2), subject to transitional provision in reg. 11.

9. Requirements under Article 7

shall apply to all new authorisations to discharge into surface waters and to

reviews of existing authorisations, granted under the Dumping at Sea Acts

1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003, the Act of

1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose under

the Act of 1972, or any other enactment, from the date of coming into force of

these Regulations.

...

C3

Power of public authority

to stipulate emission limit values in certain circumstances provided (27.07.2009)

by

European Communities Environmental Objectives (Freshwater Pearl Mussel)

Regulations 2009

(S.I. No. 296 of 2009), reg. 12.

12. Without prejudice to the

generality of Regulation 9 or any requirement arising under the European

Communities Environmental Objectives (Surface Water) Regulations 2009, a public

authority considering an application for authorisation of a discharge to waters

draining to the surface water bodies identified under the First Schedule to these

Regulations, under the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992,

the Act of 1996 or Regulations made for that purpose under the European

Communities Act of 1972 shall, where it is satisfied that the proposed discharge

would not contravene Article 6(3) and 6(4) of the Habitats Directive, set down in

the authorisation, emission limit values that aim to achieve the ecological

quality objectives set out in the Fourth Schedule to these Regulations.

C4

References in the collectively cited

Local Government (Water

Pollution) Acts

construed (2.12.1999) by

British-Irish Agreement Act

1999

(1/1999), s. 34(5), S.I. No. 377 of 1999, art. 3(1).

Transfer of functions etc., to

Body.

34.

— ...

(5) References in the Local

Government (Water Pollution) Acts, 1977 and 1990, to the Foyle Area shall be

construed as including references to the Carlingford Area.

Editorial Notes

E1

Minister granted power to

adapt or modify collectively cited

Local Government (Water Pollution) Acts

for purposes of transfer of functions from a town sanitary authority to a county

council (1.01.2004) by

Local Government Act 2001

(37/2001), s. 83(7), S.I.

No. 250 of 2002.

E2

Minister granted power by

order to extend certain powers under Act to the Environmental Protection Agency

(22.01.1996) by

Environmental Protection Agency Act 1992

(7/1992), s. 100,

S.I. No. 13 of 1996.

E3

Previous affecting

provision: transitional provision for authorisations under collectively cited

Local Government (Water Pollution) Acts

made (27.01.2010) by

European

Communities Environmental Objectives (Groundwater) Regulations 2010

(S.I.

No. 9 of 2010), reg. 60, in effect as per reg. 1(b); transitional period concluded

22.12.2013.

Annotations

Modifications (not altering text)

C1

Application of

collectively cited

Local Government (Water Pollution) Acts

restricted

(21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations

2011

(S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3). The

collectively cited

Local Government (Water Pollution) Acts

are listed in

sch. 2.

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

42. ...

(22) Notwithstanding any provision

of any statute listed in the Second Schedule that provides for the consent for a

plan or project to which this Regulation applies to be obtained by default on the

failure of the public authority to provide a response within a specified timescale

or otherwise, that provision shall not have effect in respect of any plan or

project to which this Regulation applies.

...

C2

Certain requirements

applied to future authorisations to discharge into surface waters under Act

(30.07.2009) by

European Communities Environmental Objectives (Surface Waters)

Regulations 2009

(S.I. No. 272 of 2009), reg. 9, in effect as per reg.

1(2), subject to transitional provision in reg. 11.

9. Requirements under Article 7

shall apply to all new authorisations to discharge into surface waters and to

reviews of existing authorisations, granted under the Dumping at Sea Acts

1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003, the Act of

1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose under

the Act of 1972, or any other enactment, from the date of coming into force of

these Regulations.

...

C3

Power of public authority

to stipulate emission limit values in certain circumstances provided (27.07.2009)

by

European Communities Environmental Objectives (Freshwater Pearl Mussel)

Regulations 2009

(S.I. No. 296 of 2009), reg. 12.

12. Without prejudice to the

generality of Regulation 9 or any requirement arising under the European

Communities Environmental Objectives (Surface Water) Regulations 2009, a public

authority considering an application for authorisation of a discharge to waters

draining to the surface water bodies identified under the First Schedule to these

Regulations, under the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992,

the Act of 1996 or Regulations made for that purpose under the European

Communities Act of 1972 shall, where it is satisfied that the proposed discharge

would not contravene Article 6(3) and 6(4) of the Habitats Directive, set down in

the authorisation, emission limit values that aim to achieve the ecological

quality objectives set out in the Fourth Schedule to these Regulations.

C4

References in the collectively cited

Local Government (Water

Pollution) Acts

construed (2.12.1999) by

British-Irish Agreement Act

1999

(1/1999), s. 34(5), S.I. No. 377 of 1999, art. 3(1).

Transfer of functions etc., to

Body.

34.

— ...

(5) References in the Local

Government (Water Pollution) Acts, 1977 and 1990, to the Foyle Area shall be

construed as including references to the Carlingford Area.

Editorial Notes

E1

Minister granted power to

adapt or modify collectively cited

Local Government (Water Pollution) Acts

for purposes of transfer of functions from a town sanitary authority to a county

council (1.01.2004) by

Local Government Act 2001

(37/2001), s. 83(7), S.I.

No. 250 of 2002.

E2

Minister granted power by

order to extend certain powers under Act to the Environmental Protection Agency

(22.01.1996) by

Environmental Protection Agency Act 1992

(7/1992), s. 100,

S.I. No. 13 of 1996.

E3

Previous affecting

provision: transitional provision for authorisations under collectively cited

Local Government (Water Pollution) Acts

made (27.01.2010) by

European

Communities Environmental Objectives (Groundwater) Regulations 2010

(S.I.

No. 9 of 2010), reg. 60, in effect as per reg. 1(b); transitional period concluded

22.12.2013.

Section

1.

Interpretation.

2.

Water Pollution Advisory Council.

3.

General prohibition on entry of polluting matter to waters.

4.

Licensing of trade and sewage effluents.

5.

Provisions consequential on section 4.

6.

Regulations for the purpose of section 4 and 8.

7.

Review of licence under section 4.

8.

Appeals in relation to sections 4 and 7.

9.

Registers of licences under sections 4 and 16 and of water abstractions.

10.

Provisions relating to certain contraventions under Act.

11.

High Court's power to prohibit continuance of contravention of section 3 (1) or 4

(1).

12.

Local authority's power to require measures to be taken to prevent water pollution.

13.

Local authority's power to prevent and abate pollution in certain circumstances.

14.

Notification of accidental discharges.

15.

Water quality management plans.

16.

Licensing of discharges to sewers.

17.

Review of licence under section 16.

18.

Provisions consequential on section 16.

19.

Regulations for the purpose of sections 16 and 20.

20.

Appeals in relation to sections 16 and 17.

21.

Transfer of certain appeals to An Bord Pleanála.

22.

Monitoring, etc. by local authorities and sanitary authorities.

23.

Obligation to give information to local authorities and sanitary authorities.

24.

Consultation by local authorities, sanitary authorities and boards of conservators.

25.

Establishment of water quality control authorities.

26.

Quality standards, etc.

26A.

Regulations for the prevention or limitation of water pollution.

27.

Regulations restricting use of certain vessels.

28.

Powers of entry, inspection, etc.

29.

Research, etc. into water pollution.

30.

Regulations generally.

31.

Local authority's power to prosecute.

32.

Service of notices under Act.

33.

Commencement.

34.

Repeals.

35.

Expenses.

36.

Short title.

Number

1

of

1977