IE
(LRC Revised)
Statutory Text (1 Articles)
Number 30 of 2007
WATER SERVICES ACT 2007
REVISED
Updated to 31 December 2025
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
Water Services Act 2007
. 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
National Training Fund (Amendment) Act 2025
(21/2025), enacted 23 December 2025, and all statutory instruments up to and including
European Union (Restrictive Measures concerning Iraq) Regulations 2026
(S.I. No. 1 of 2026), made 6 January 2026, 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
30
of
2007
WATER SERVICES ACT 2007
REVISED
Updated to 31 December 2025
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citations and construction.
2. Interpretation.
3. Commencement.
4. Repeals and revocation.
5. Directives.
6. Provision of information.
7. Obligation to give information on ownership.
8. Offences and penalties.
9. Prosecution of offences.
10. Cost of prosecutions.
11. Payment of certain fines to prosecuting authorities.
12. Obstruction.
13. Onus of proof.
14. Offences by bodies corporate.
15. Expenses of Minister.
16. Grants by Minister.
17. Schemes of financial assistance.
18. Regulations, orders and directions.
19. Service of notices.
20. Owners, occupiers, etc.
21. Powers of examination, investigation and survey.
22. Powers of authorised persons.
23. Time limits.
24. Records.
25. Register.
26. Provision of services.
27. Transfer or extension of functions.
28. Injunctive relief.
29. Immunity.
PART 2
General Functions
30. General functions of Minister.
31. Powers of a water services authority.
32. General functions of water services authorities in relation to provision of water
services.
33. Connections to waterworks or waste water works.
34. Guidelines and codes of practice.
35. Guidelines and codes of practice in criminal proceedings.
36. Water services strategic plan.
37. Functions of Minister in relation to water services strategic plans.
38. Implementation of a water services strategic plan or any revision thereof.
39. Transfer of functions from sanitary authorities.
40. Joint provision of water services.
41. Installation of pipes.
42. Requirement to connect to waterworks or waste water works.
43. Connections.
44. Repairs to service connections.
45. Damage to pipes.
46. Obligations under other enactments.
47. Monitoring and inspection.
48. Consultation.
49. Map of works.
50. Agreement to take over proposed waterworks or waste water works.
51. Temporary interruption to water services.
52. Recovery of sums due.
PART 3
Water Supply
53. Misuse of water supplies.
53A. Review by Commission of rate of demand for water services provided to dwellings.
53B. Threshold amount and allowance amount.
53C. Provision of water services exceeding threshold amount.
53D. Notice of provision of water services exceeding threshold amount.
53E. Allowance for household size.
53F. Exemption where certain medical need.
54. General duties of an owner.
55. Connection to a water supply.
56. Conservation of water.
57. Pollution of water.
58. Taking samples of water.
59. Power to order the closure of a polluted water source.
PART 4
Waste Water
60. Maintenance of waste water works.
61. Waste water connections.
62. Nuisances in sewers, drainage of premises, etc.
63. Licensing of discharges to sewers.
64. Transitional arrangements.
65. Review of a licence under
section 63
.
66. Appeals in relation to
sections 63
and
65
.
67. Regulations for purpose of
sections 63
and
66
.
68. Sewage facilities for vessels, etc.
69. Power to declare drains to be sewers for certain purposes.
70. General duties of an owner or occupier.
PART 4A
Domestic Waste Water Treatment
70A. Definitions.
70B. Register of domestic water treatment systems.
70C. Duties of owners premises connected to domestic waster water treatment systems.
70D. Sale of premises connected to domestic waster water treatment systems.
70E. Appointment of Inspectors.
70F. Register of Inspectors.
70G. Powers of Inspectors.
70H. Inspection of domestic waste water treatment systems.
70I. Supervision of water services authorities.
70J. Directions to Inspectors.
70K. National inspection plan.
70L. Regulations.
70M. Offences and penalties.
PART 5
Meters
71. Interpretation(
Part 5
).
72. Provision of meters.
73. Meter performance.
74. Interference with meters.
PART 6
Rural Water Services
Chapter 1
General administrative provisions
75. National
Rural Water Services Committee.
(Repealed)
76. County rural water services committees.
77. Rural water services strategic plans.
Chapter 2
Supervision of water services
78. Responsibility of water services authorities.
79. Water services licences.
80. Determination of an activity as a licensable water services activity.
81. Grant of a water services licence.
82. Water services authority to be licensing authority.
83. Conditions attached to a water services licence.
84. Review of a water services licence.
85. Revocation of a water services licence.
86. Decision by a water services authority in relation to licences or licence applications.
87. Appeals in relation to
sections 81
,
83
,
84
and
85
.
88. Regulations for the purposes of this Chapter.
89. Contravention of a condition of a water services licence.
90. Related licences.
91. Take-over of the operation or management of a waterworks or waste water works
on a temporary basis.
92. Through connection to services, etc.
PART 7
Acquisition Provisions
93. Power to acquire land, etc.
94. Extension of acquisition powers.
95. Taking in charge or acquisition by agreement of waterworks or waste water works
by a water services authority.
96. Compulsory acquisition of waterworks or waste water works by a water services
authority.
PART 8
Miscellaneous
Chapter 1
Miscellaneous provisions concerning provision of water services
97. Laying of water mains, sewers, service connections and related cables and wires.
98. Alteration of sewers and pipelines by other persons.
99. Policy directions by Minister.
100. Emergency Orders.
101. Non-application of certain statutes.
102. Enabling power.
103. Determination by the Board of fees for certain appeals.
104. Building over pipes.
105. Power to make and fix charges for non-domestic water services.
106. Regulations for the purpose of
section 105
.
Chapter 2
Miscellaneous amendments
107. Amendment of Act of 1992.
108. Amendment of Housing Finance Agency Act 1981.
109. Amendment of Act of 1977.
110. Increase of penalties under Local Government (Water Pollution) Acts 1977 and
1990.
111. Increase of penalties under sections 171 and 172 of Fisheries (Consolidation)
Act 1959.
112. Amendment of Water Supplies Act 1942.
113. Amendment of Local Government (Financial Provisions) (No. 2) Act 1983.
114. Amendment of Act of 2000.
115. Amendment of Act of 2001.
116. Amendment of Housing of the Working Classes Act 1885.
SCHEDULE 1
Enactments Repealed
SCHEDULE 2
Discharge Pre-treatment Objectives
Acts Referred to
Abattoirs Act 1988
1988, No. 8
Air Pollution Act 1987
1987, No. 6
Air-raid Precautions Acts 1939 and 1946
Animals Act 1985
1985, No. 11
Arbitration Acts 1954 to 1998
Arterial Drainage Acts 1945 and 1995
Arts Act 2003
2003, No. 24
Bray Township Act 1866
29 & 30 Vic., c. 261
Building Control Act 1990
1990, No. 3
Canals Acts 1986 and 2005
Casual Trading Act 1995
1995, No. 19
Civil Defence Acts 1939 to 2002
Civil Liability Act 1961
1961, No. 41
Coast Protection Act 1963
1963, No. 12
Communications Regulation Act 2002
2002, No. 20
Control of Dogs Acts 1986 and 1992
Control of Horses Act 1996
1996, No. 37
Coroners Acts 1962 and 2005
Dangerous Substances Acts 1972 and 1979
Derelict Sites Act 1990
1990, No. 14
Dublin Corporation Waterworks Act 1861
24 & 25 Vic., c. 172
Dublin Corporation Waterworks Act 1874
37 & 38 Vic., c. 142
Dublin Docklands Development Authority Act 1997
1997, No. 7
Dublin Transport Authority (Dissolution) Act 1987
1987, No. 34
Electoral Acts 1992 to 2004
Environmental Protection Agency Act 1992
1992, No. 7
Environmental Protection Agency Acts 1992 and 2003
Equal Status Act 2000
2000, No. 8
European Communities Act 1972
1972, No. 27
Finance (Excise Duties) (Vehicles) Acts 1952 and 1960
Fire Services Acts 1981 and 2003
Fisheries Acts 1959 to 2006
Fisheries (Amendment) Act 1997
1997, No. 23
Fisheries (Consolidation) Act 1959
1959, No. 14
Food Safety Authority of Ireland Act 1998
1998, No. 29
Foreshore Acts 1933 to 2005
Gaming and Lotteries Acts 1956 to 2003
Harbours Acts 1946 to 2005
Harbours Acts 1996 to 2005
Health Acts 1947 to 2006
Health (Fluoridation of Water Supplies) Act 1960
1960, No. 46
Housing Acts 1966 to 2004
Housing Finance Agency Act 1981
1981, No. 37
Housing Finance Agency Acts 1981 to 1992
Housing (Miscellaneous Provisions) Act 2002
2002, No. 9
Housing of the Working Classes Act 1885
53 & 54 Vic., c. 70
Housing (Private Rented Dwellings) Acts 1982 and 1983
Intoxicating Liquor Act 2003
2003, No. 31
Licensing of Indoor Events Act 2003
2003, No. 15
Litter Pollution Acts 1997 to 2003
Local Authorities (Higher Education Grants) Acts 1968 to 1992
Local Authorities (Miscellaneous Provisions) Act 1936
1936, No. 55
Local Authorities (Mutual Assurance) Acts 1926 to 1935
Local Authorities (Officers and Employees) Acts 1926 to 1983
Local Authorities (Traffic Wardens) Acts 1975 and 1987
Local Authorities (Works) Act 1949
1949, No. 17
Local Elections Acts 1974 to 2004
Local Government Act 2001
2001, No. 37
Local Government Acts 1925 to 2006
Local Government (Collection of Rates) Act 1924
1924, No. 11
Local Government (Dublin) Act 1993
1993, No. 31
Local Government (Financial Provisions) Act 2000
2000, No. 6
Local Government (Financial Provisions) (No. 2) Act 1983
1983, No. 21
Local Government (Multi-Storey Buildings) Act 1988
1988, No. 29
Local Government (Rates) Act 1970
1970, No. 2
Local Government (Sanitary Services) Act 1948
1948, No. 3
Local Government (Sanitary Services) Act 1962
1962, No. 26
Local Government (Sanitary Services) Acts 1878 to 2001
Local Government (Superannuation) Act 1980
1980, No. 8
Local Government (Water Pollution) Act 1977
1977, No. 1
Local Government (Water Pollution) Acts 1977 and 1990
Local Government (Water Pollution) (Amendment) Act 1990
1990, No. 21
Malicious Injuries Acts 1981 and 1986
Metrology Acts 1980 to 1998
Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003
2003, No. 39
National Monuments Acts 1930 to 2004
Organisation of Working Time Act 1997
1997, No. 20
Petty Sessions (Ireland) Act 1851
14 & 15 Vic., c. 93
Planning and Development Act 2000
2000, No. 30
Planning and Development Acts 2000 to 2006
Pounds (Provision and Maintenance) Act 1935
1935, No. 17
Presidential Elections Acts 1992 to 2004
Protection of the Environment Act 2003
2003, No. 27
Public Health Acts Amendment Act 1890
53 & 54 Vic., c. 59
Public Health Acts Amendment Act 1907
7 Edw. 7, c. 53
Public Health (Ireland) Act 1878
41 & 42 Vic., c. 52
Public Health (Ireland) Act 1896
59 & 60 Vic., c. 54
Roads Act 1993
1993, No. 14
Roads Acts 1993 to 2001
Road Traffic Acts 1961 to 2006
Safety, Health and Welfare at Work Act 2005
2005, No. 10
Seanad Electoral (Panel Members) Acts 1947 to 2001
State Authorities (Public Private Partnership Arrangements) Act 2002
2002, No. 1
Town Renewal Act 2000
2000, No. 18
Údarás na Gaeltachta Acts 1979 to 1999
Universities Acts 1997 and 1999
Urban Renewal Act 1998
1998, No. 27
Urban Renewal Acts 1986 and 1987
Valuation Act 2001
2001, No. 13
Vocational Education Acts 1930 to 2001
Waste Management Act 1996
1996, No. 10
Waste Management Acts 1996 to 2003
Water Rate Definition Act 1885
48 & 49 Vic., c. 34
Water Supplies Act 1942
1942, No. 1
Waterworks Clauses Act 1847
10 & 11 Vic., c. 17
Waterworks Clauses Act 1863
26 & 27 Vic., c. 93
Number
30
of
2007
WATER SERVICES ACT 2007
REVISED
Updated to 31 December 2025
AN ACT TO PROVIDE, IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROVISION OF WATER
SERVICES; TO GIVE EFFECT TO CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES
IN RESPECT OF THOSE SERVICES AND, IN ADDITION, TO MAKE PROVISION FOR MISCELLANEOUS
AMENDMENTS TO THE LOCAL GOVERNMENT (WATER POLLUTION) ACTS 1977 AND 1990 AND THE FISHERIES
(CONSOLIDATION) ACT 1959 AND THE ENVIRONMENTAL PROTECTION AGENCY ACT 1992 AND CERTAIN
OTHER ENACTMENTS RELATING GENERALLY TO THE PROVISION OF WATER SERVICES AND TO PROVIDE
FOR RELATED MATTERS.
[14
th May
, 2007]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
References construed
(16.05.2024) by
Local Government (Mayor of Limerick) and Miscellaneous
Provisions Act 2024
(7/2024), s. 26 and sch. 1 part 2, S.I. No. 207 of
2024.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with
subsection (1)
.
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
...
PART 2
Enactments for Purposes of
Sections 10 and 26
...
No. 30 of 2007
Water Services Act 2007
The whole Act.
...
C2
Certain functions in relation to
Local Government Acts 1925 to 2014
transferred (1.06.2014) by
Local Government Reform Act 2014
(1/2014), s. 24(2), S.I. No. 214 of 2014 and S.I. No. 216 of 2014 (transfer day).
Dissolution of town councils
and transfer date
24.
—...
(2) On the transfer date each town council stands dissolved and ceases to exist and—
(a) the local authority for a county or a city and county in which a town whose town
council is so dissolved is situated shall, for all purposes, become and be the successor
to the town council on that date, and
(b) the area of a town whose town council is so dissolved shall, for the purposes
of all functions of the local authority (whether under the Local Government Acts 1925
to 2014 or otherwise) for the county or city and county in which the town is situated,
be included in and form part of that county or city and county.
C3
Certain references construed (1.05.2014) by
Local Government Act 2014
(1/2014), s. 9(2)(3), S.I. No. 214 of 2014.
Cesser and amalgamation of certain local government areas
9.
—...
(2) Except where otherwise provided for by this Act, a reference, however expressed,
in any enactment—
(
a
) to a county
council or a city council (including a reference construed by section 3(2) of, and
Schedule 2 to, the Principal Act as a reference to a county council or to a city
council, as the case may be) shall, if the context permits, be read as a reference
to a county council, a city council or a city and county council, and
(
b
) to a county
council and a city council (including a reference so construed) shall, if the
context permits, be read as a reference to a county council, a city council and a
city and county council.
(3) Except where otherwise provided for by this Act, a reference, however expressed,
in any enactment—
(
a
) to the
administrative area of a county council or the administrative area of a city
council shall, if the context permits, be read as a reference to the
administrative area of a county council, the administrative area of a city council
or the administrative area of a city and county council, and
(
b
) to the
administrative area of a county council and the administrative area of a city
council shall, if the context permits, be read as a reference to the
administrative area of a county council, the administrative area of a city council
and the administrative area of a city and county council.
C4
Certain functions in relation to Act transferred and references construed (1.01.2014)
by
Water Services (No. 2) Act 2013
(50/2013), ss. 7(1),(2),(4), 8 and s. 10, S.I. No. 575 of 2013 and S.I. No. 576 of
2013 (transfer day).
Transfer day
6
. The Minister shall, by order, appoint a day to be the transfer day for the purposes
of this Act.
Transfer of functions from water service authorities to Irish Water
7
. (1) Subject to
section 10
, all functions conferred on water services authorities by the Act of 2007 (other
than an excluded provision and section 22) shall, on the transfer day, stand transferred
to Irish Water.
(2) References to a water services authority or relevant water services authority
in—
(
a
) the Act of 2007
or in any instrument made under that Act, or
(
b
) any other
enactment (other than the Act of 2013) or instrument under any other
enactment,
in so far as they relate to any function transferred by this Act, shall on and after
the transfer day, be construed as references to Irish Water.
...
(4) References to a sanitary authority in any enactment or instrument under any enactment
shall, on and after the transfer day, in so far as they relate to any function transferred
by
subsection (3)
, be construed as references to Irish Water.
Transfer of functions under certain other enactments to Irish Water
8
. (1) The functions of a local authority under
section 2
of the
Local Government (Financial Provisions) (No. 2) Act 1983
shall, on the transfer day and in so far only as that section relates to the Act
of 2007, stand transferred to Irish Water and, accordingly, references in that section
to a local authority shall be construed as including references to Irish Water.
...
(3) This section shall cease to have effect upon the commencement of
section 21
.
...
Continuance of certain functions of water service authorities
10
. Functions transferred to Irish Water under
section 7
shall, on and after the transfer day continue to be performable by a water services
authority for the purposes of the performance of its functions under an excluded provision
and, accordingly, for those purposes references in the Act of 2007 that, by virtue
of
subsection (2)
of
section 7
, are to be construed as references to Irish Water shall be construed as including
references to a water services authority.
C5
Application of Act and collectively cited
Local Government (Water Pollution) Acts 1977 to 2007
and
Inland Fisheries Acts 1959 to 2010
affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.
1(3).
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.
...
Review of existing
plans
46. ...
(3) For the purposes of this
Regulation, a decision, including a decision to adopt or undertake, or give
approval for a plan, may include those adopted, undertaken or approved pursuant to
any of the enactements set out in the Second Schedule to these Regulations.
...
General Provisions regarding
licences etc.
63. ...
(2) A licence, consent,
permission, permit, derogation or other authorisation given under these
Regulations or under any of the enactments referred to in the Second Schedule may
include conditions requiring compliance with guideline or code or practice issued
under Regulation or such provisions thereof as may be specified in the
conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
30
...
...
...
...
2007
...
...
Inland Fisheries Acts 1959 to 2010
...
Local Government (Water Pollution) Acts 1977 to 2007
...
Water Services Act 2007
...
Editorial Notes
E1
Application of Act and collectively cited
Local Government (Water Pollution) Acts 1977 to 2007
and
Inland Fisheries Acts 1959 to 2010
included in
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), sch. 2 (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), in effect as per reg. 1(3).
E2
Discharges or injections of pollutants into surface water operated under a licence
issued pursuant to or under Act included in list of occupational activities contained
in sch. 3 to
European Communities (Environmental Liability) Regulations 2008
(S.I. No. 547 of 2008) (1.04.2009) by
European Communities (Environmental Liability) Regulations 2008
(S.I. No. 547 of 2008), reg. 3(1)(a) and sch. 3 par. 2(e)(IV), in effect as per reg.
1(2).
Annotations
Modifications (not altering text)
C1
References construed
(16.05.2024) by
Local Government (Mayor of Limerick) and Miscellaneous
Provisions Act 2024
(7/2024), s. 26 and sch. 1 part 2, S.I. No. 207 of
2024.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with
subsection (1)
.
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
...
PART 2
Enactments for Purposes of
Sections 10 and 26
...
No. 30 of 2007
Water Services Act 2007
The whole Act.
...
C2
Certain functions in relation to
Local Government Acts 1925 to 2014
transferred (1.06.2014) by
Local Government Reform Act 2014
(1/2014), s. 24(2), S.I. No. 214 of 2014 and S.I. No. 216 of 2014 (transfer day).
Dissolution of town councils
and transfer date
24.
—...
(2) On the transfer date each town council stands dissolved and ceases to exist and—
(a) the local authority for a county or a city and county in which a town whose town
council is so dissolved is situated shall, for all purposes, become and be the successor
to the town council on that date, and
(b) the area of a town whose town council is so dissolved shall, for the purposes
of all functions of the local authority (whether under the Local Government Acts 1925
to 2014 or otherwise) for the county or city and county in which the town is situated,
be included in and form part of that county or city and county.
C3
Certain references construed (1.05.2014) by
Local Government Act 2014
(1/2014), s. 9(2)(3), S.I. No. 214 of 2014.
Cesser and amalgamation of certain local government areas
9.
—...
(2) Except where otherwise provided for by this Act, a reference, however expressed,
in any enactment—
(
a
) to a county
council or a city council (including a reference construed by section 3(2) of, and
Schedule 2 to, the Principal Act as a reference to a county council or to a city
council, as the case may be) shall, if the context permits, be read as a reference
to a county council, a city council or a city and county council, and
(
b
) to a county
council and a city council (including a reference so construed) shall, if the
context permits, be read as a reference to a county council, a city council and a
city and county council.
(3) Except where otherwise provided for by this Act, a reference, however expressed,
in any enactment—
(
a
) to the
administrative area of a county council or the administrative area of a city
council shall, if the context permits, be read as a reference to the
administrative area of a county council, the administrative area of a city council
or the administrative area of a city and county council, and
(
b
) to the
administrative area of a county council and the administrative area of a city
council shall, if the context permits, be read as a reference to the
administrative area of a county council, the administrative area of a city council
and the administrative area of a city and county council.
C4
Certain functions in relation to Act transferred and references construed (1.01.2014)
by
Water Services (No. 2) Act 2013
(50/2013), ss. 7(1),(2),(4), 8 and s. 10, S.I. No. 575 of 2013 and S.I. No. 576 of
2013 (transfer day).
Transfer day
6
. The Minister shall, by order, appoint a day to be the transfer day for the purposes
of this Act.
Transfer of functions from water service authorities to Irish Water
7
. (1) Subject to
section 10
, all functions conferred on water services authorities by the Act of 2007 (other
than an excluded provision and section 22) shall, on the transfer day, stand transferred
to Irish Water.
(2) References to a water services authority or relevant water services authority
in—
(
a
) the Act of 2007
or in any instrument made under that Act, or
(
b
) any other
enactment (other than the Act of 2013) or instrument under any other
enactment,
in so far as they relate to any function transferred by this Act, shall on and after
the transfer day, be construed as references to Irish Water.
...
(4) References to a sanitary authority in any enactment or instrument under any enactment
shall, on and after the transfer day, in so far as they relate to any function transferred
by
subsection (3)
, be construed as references to Irish Water.
Transfer of functions under certain other enactments to Irish Water
8
. (1) The functions of a local authority under
section 2
of the
Local Government (Financial Provisions) (No. 2) Act 1983
shall, on the transfer day and in so far only as that section relates to the Act
of 2007, stand transferred to Irish Water and, accordingly, references in that section
to a local authority shall be construed as including references to Irish Water.
...
(3) This section shall cease to have effect upon the commencement of
section 21
.
...
Continuance of certain functions of water service authorities
10
. Functions transferred to Irish Water under
section 7
shall, on and after the transfer day continue to be performable by a water services
authority for the purposes of the performance of its functions under an excluded provision
and, accordingly, for those purposes references in the Act of 2007 that, by virtue
of
subsection (2)
of
section 7
, are to be construed as references to Irish Water shall be construed as including
references to a water services authority.
C5
Application of Act and collectively cited
Local Government (Water Pollution) Acts 1977 to 2007
and
Inland Fisheries Acts 1959 to 2010
affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.
1(3).
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.
...
Review of existing
plans
46. ...
(3) For the purposes of this
Regulation, a decision, including a decision to adopt or undertake, or give
approval for a plan, may include those adopted, undertaken or approved pursuant to
any of the enactements set out in the Second Schedule to these Regulations.
...
General Provisions regarding
licences etc.
63. ...
(2) A licence, consent,
permission, permit, derogation or other authorisation given under these
Regulations or under any of the enactments referred to in the Second Schedule may
include conditions requiring compliance with guideline or code or practice issued
under Regulation or such provisions thereof as may be specified in the
conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
30
...
...
...
...
2007
...
...
Inland Fisheries Acts 1959 to 2010
...
Local Government (Water Pollution) Acts 1977 to 2007
...
Water Services Act 2007
...
Editorial Notes
E1
Application of Act and collectively cited
Local Government (Water Pollution) Acts 1977 to 2007
and
Inland Fisheries Acts 1959 to 2010
included in
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), sch. 2 (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), in effect as per reg. 1(3).
E2
Discharges or injections of pollutants into surface water operated under a licence
issued pursuant to or under Act included in list of occupational activities contained
in sch. 3 to
European Communities (Environmental Liability) Regulations 2008
(S.I. No. 547 of 2008) (1.04.2009) by
European Communities (Environmental Liability) Regulations 2008
(S.I. No. 547 of 2008), reg. 3(1)(a) and sch. 3 par. 2(e)(IV), in effect as per reg.
1(2).
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citations and construction.
2. Interpretation.
3. Commencement.
4. Repeals and revocation.
5. Directives.
6. Provision of information.
7. Obligation to give information on ownership.
8. Offences and penalties.
9. Prosecution of offences.
10. Cost of prosecutions.
11. Payment of certain fines to prosecuting authorities.
12. Obstruction.
13. Onus of proof.
14. Offences by bodies corporate.
15. Expenses of Minister.
16. Grants by Minister.
17. Schemes of financial assistance.
18. Regulations, orders and directions.
19. Service of notices.
20. Owners, occupiers, etc.
21. Powers of examination, investigation and survey.
22. Powers of authorised persons.
23. Time limits.
24. Records.
25. Register.
26. Provision of services.
27. Transfer or extension of functions.
28. Injunctive relief.
29. Immunity.
PART 2
General Functions
30. General functions of Minister.
31. Powers of a water services authority.
32. General functions of water services authorities in relation to provision of water
services.
33. Connections to waterworks or waste water works.
34. Guidelines and codes of practice.
35. Guidelines and codes of practice in criminal proceedings.
36. Water services strategic plan.
37. Functions of Minister in relation to water services strategic plans.
38. Implementation of a water services strategic plan or any revision thereof.
39. Transfer of functions from sanitary authorities.
40. Joint provision of water services.
41. Installation of pipes.
42. Requirement to connect to waterworks or waste water works.
43. Connections.
44. Repairs to service connections.
45. Damage to pipes.
46. Obligations under other enactments.
47. Monitoring and inspection.
48. Consultation.
49. Map of works.
50. Agreement to take over proposed waterworks or waste water works.
51. Temporary interruption to water services.
52. Recovery of sums due.
PART 3
Water Supply
53. Misuse of water supplies.
53A. Review by Commission of rate of demand for water services provided to dwellings.
53B. Threshold amount and allowance amount.
53C. Provision of water services exceeding threshold amount.
53D. Notice of provision of water services exceeding threshold amount.
53E. Allowance for household size.
53F. Exemption where certain medical need.
54. General duties of an owner.
55. Connection to a water supply.
56. Conservation of water.
57. Pollution of water.
58. Taking samples of water.
59. Power to order the closure of a polluted water source.
PART 4
Waste Water
60. Maintenance of waste water works.
61. Waste water connections.
62. Nuisances in sewers, drainage of premises, etc.
63. Licensing of discharges to sewers.
64. Transitional arrangements.
65. Review of a licence under
section 63
.
66. Appeals in relation to
sections 63
and
65
.
67. Regulations for purpose of
sections 63
and
66
.
68. Sewage facilities for vessels, etc.
69. Power to declare drains to be sewers for certain purposes.
70. General duties of an owner or occupier.
PART 4A
Domestic Waste Water Treatment
70A. Definitions.
70B. Register of domestic water treatment systems.
70C. Duties of owners premises connected to domestic waster water treatment systems.
70D. Sale of premises connected to domestic waster water treatment systems.
70E. Appointment of Inspectors.
70F. Register of Inspectors.
70G. Powers of Inspectors.
70H. Inspection of domestic waste water treatment systems.
70I. Supervision of water services authorities.
70J. Directions to Inspectors.
70K. National inspection plan.
70L. Regulations.
70M. Offences and penalties.
PART 5
Meters
71. Interpretation(
Part 5
).
72. Provision of meters.
73. Meter performance.
74. Interference with meters.
PART 6
Rural Water Services
Chapter 1
General administrative provisions
75. National
Rural Water Services Committee.
(Repealed)
76. County rural water services committees.
77. Rural water services strategic plans.
Chapter 2
Supervision of water services
78. Responsibility of water services authorities.
79. Water services licences.
80. Determination of an activity as a licensable water services activity.
81. Grant of a water services licence.
82. Water services authority to be licensing authority.
83. Conditions attached to a water services licence.
84. Review of a water services licence.
85. Revocation of a water services licence.
86. Decision by a water services authority in relation to licences or licence applications.
87. Appeals in relation to
sections 81
,
83
,
84
and
85
.
88. Regulations for the purposes of this Chapter.
89. Contravention of a condition of a water services licence.
90. Related licences.
91. Take-over of the operation or management of a waterworks or waste water works
on a temporary basis.
92. Through connection to services, etc.
PART 7
Acquisition Provisions
93. Power to acquire land, etc.
94. Extension of acquisition powers.
95. Taking in charge or acquisition by agreement of waterworks or waste water works
by a water services authority.
96. Compulsory acquisition of waterworks or waste water works by a water services
authority.
PART 8
Miscellaneous
Chapter 1
Miscellaneous provisions concerning provision of water services
97. Laying of water mains, sewers, service connections and related cables and wires.
98. Alteration of sewers and pipelines by other persons.
99. Policy directions by Minister.
100. Emergency Orders.
101. Non-application of certain statutes.
102. Enabling power.
103. Determination by the Board of fees for certain appeals.
104. Building over pipes.
105. Power to make and fix charges for non-domestic water services.
106. Regulations for the purpose of
section 105
.
Chapter 2
Miscellaneous amendments
107. Amendment of Act of 1992.
108. Amendment of Housing Finance Agency Act 1981.
109. Amendment of Act of 1977.
110. Increase of penalties under Local Government (Water Pollution) Acts 1977 and
1990.
111. Increase of penalties under sections 171 and 172 of Fisheries (Consolidation)
Act 1959.
112. Amendment of Water Supplies Act 1942.
113. Amendment of Local Government (Financial Provisions) (No. 2) Act 1983.
114. Amendment of Act of 2000.
115. Amendment of Act of 2001.
116. Amendment of Housing of the Working Classes Act 1885.
SCHEDULE 1
Enactments Repealed
SCHEDULE 2
Discharge Pre-treatment Objectives
Number
30
of
2007