Updated Provision The primary purpose of the Water Environment (Abstractions and Associated Impoundments) Act 2022 is to provide for a modern registration, licensing and control regime for water abstractions. The proposed system of registration and licensing is to be administered by the Environmental Protection Agency, with local authorities also maintaining an ongoing enforcement role. The legislation transposes requirements under the EU Water Framework Directive for […]
Licensing of abstractions The Water Environment (Abstractions and Associated Impoundments) Act 2022 applies Schedules 6, 7, and 7A of the Planning and Development Regulations of 2001 to abstractions under this act, subject to any necessary modifications. The Act establishes the types of abstractions that will require a licence to abstract.Where a person carried out an abstraction that is above the licensing threshold before the commencement of […]
Overview Corporations are legal bodies or artificial persons. They are legal persons established by law. Many bodies are not corporations and do not have separate corporate identity. Firms of partners and many associations do not have a separate legal existence. Prior to the Companies Act, there were limited means to establish a corporation. Statute or Royal Charter established their separate existence. Corporations may be divided […]
Highway at Common Law A highway at common law is a way over which members of the public may pass and re-pass. The land over which the way runs is a highway. A highway need not be a thoroughfare. A cul-de-sac may be a highway, notwithstanding that it is not a thoroughfare. The fact that it leads to nowhere may be a factor against inferring […]
Duties of Road Users It is the duty of every person using a public road to take reasonable care for his own safety and that of any other person using the public road. It is the duty of a person using a public road to take all reasonable measures to avoid injury to himself or any other person using the public road and damage to […]
NRA & Councils The Roads Act 1993 to 2007 established the National Roads Authority. It modernised the law regarding roads. Many of the key functions in relation to road development are undertaken by the Department of Public Expenditure with the consent of the Department of Finance. The functions of the Minister in relation to the compulsory acquisition of land under Roads legislation were transferred to […]
Overview A motorway means a public road specified to be a motorway in a motorway scheme approved under the legislation or a national road or proposed road development for the construction of a national road declared to be a motorway. A person shall not have or be entitled to have direct access from any land adjoining a motorway to the motorway or from the motorway […]
The NRA The National Roads Authority was established by the Roads Act 1993. Its functions are subject to directions and guidelines as may be given by the Minister. It is the duty of the Authority to secure the provision of a safe and efficient network of national roads. For that purpose, it has overall responsibility for the planning and supervision of works for the construction […]
Drains & Water A road authority may construct and maintain drains under or through land for the purpose of draining water from or preventing water from flowing onto a public road. It may use any land for temporary storage or preparation of gravel, stone, earth and other material required for the construction and maintenance of a public road. Before entering lands to perform the functions […]
Temporary Dwellings A person who without lawful authority erects, places or retains a temporary dwelling on a national road, motorway, busway or protected road is guilty of an offence. Any person who without lawful authority or the consent of the road authority places any temporary dwelling on any other prescribed road or class, subclass or type of road is guilty of an offence. Consent in […]
Toll Schemes The Roads Acts deal with the provision and operation of toll roads. A road authority may prepare a scheme for the establishment of a system of tolls in respect of the use of a public road. A scheme shall specify the public roads concerned, the classes of vehicles and users who must pay the toll, classes of road users who are charged tolls […]
Grand Juries Counties are ancient divisions which date back to the 13th to 16th centuries. Originally, assizes were held on a regular basis, often quarterly, dealing with the adjudication of legal disputes. They sat as grand juries and were comprised of the local aristocracy and upper classes. They had a role both in the judicial and the early origins of the administrative and, in particular, […]
Early Reform The powers of the Local Government Board were transferred to the Department of Local Government in 1924. Another early pieces of legislation in the Free State reformed of the poor law system and placing t on a county wide basis. County Boards administered the new system. Rural District Councils were abolished by the Local Government Act 1925, which transferred their functions of the […]
Irish Water Irish Water was established under the Water Services Act 2013 as a subsidiary of BGE. The property staff and most functions of local authorities in relation to water wastewater and sewerage were transferred to Irish Water. Water services were privatised in England in the 1990s. The position is different in Northern Ireland. The Water Services Act 2007 and 2013 modernised law in water […]
Sewage and Wastewater Control over sewage is primarily the responsibility of the water services authority Irish Water. Sewers and water mains that serve more than one property (usually outside the property) were vested originally in the local authorities and are now in Irish Water. These are not easements. There are automatic rights which a rise by law to pipes and conduits that fall within the […]
Preserving Rights of Way Planning authorities may include the preservation of rights of way as an objective in their devlopment plan. Notice of the objective when first included is served on owners and occupiers. The the owner or occupier may appeal to the Circuit court. The court make a declaration as to whether a right-of-way exists. The presence of the right-of-way in the development plan […]
Charge & Suspension The Water Services Act 2014 provided for a revised domestic public water charging system, which commenced on 01 January 2015. Irish Water began charging in respect of dwellings receiving its services from 1 January 2015, with quarterly bills issuing from April 2015. The Water Services Act 2016 provided for the suspension of domestic water charges for nine months, from 01 April 2016 […]
Council Funding Local authority funding comes from rates, government grants, and services. The annual rate is based on the residual sum, which is the deficiency in funds in the authority’s budget that is not met from expenditure, state grants, local authorities, or own resources. City and county councils are empowered to make rates. Town councils, which were former Urban District Councils and Borough Councils, had […]
Commission for Regulation The Commission for Energy Regulation performs functions in a manner that best serves the interests of the customers of Irish Water. It is required to have regard to the need for Irish Water to be able to finance its activities, to ensure continuity, safety and sustainability of water service and to ensure costs are recovered from users in accordance with the EU […]
Irish Water The Water Services (No.2) Act 2013 transferred water services functions from the local authorities to Irish Water. Irish Water had the power to make charges to customers subject to the approval of the regulator, the Commission for Energy Regulation. On 1st January 2014, Irish Water became responsible for public water services. The Water Services Act 2014 provided for the establishment of Irish Water […]
Establishment The Water Services Act 2013 provided for the establishment of Irish Water. It is a subsidiary of Bord Gáis Éireann. It is established under the Companies Act. Irish Water was incorporated in July 2013 as a semi-state company under the Water Services Act 2013. It is to provide water and wastewater services as a single national provider. As Uisce Éireann (Irish Water) will took […]
Background The Water Services Amendment Act 2011 was enacted following a ruling from the European Court of Justice, which found the pre-existing Irish provisions invalid because they failed to comply with the State’s obligations under the waste directive regarding the disposal of wastewater to septic tanks. The legislation inserts new provisions regarding domestic waste water treatment systems. Domestic wastewater treatment systems cover most septic tanks […]
Water Systems Owners are obliged to maintain internal water distribution systems at premises in good repair, free from risk to human health. Water services authorities (now Irish Water) may direct owners to carry out remedial works. If they fail to do so, the authority (now Irish Water) may undertake the necessary works and recover the cost. This applies regardless of whether water is supplied by […]
Reorganisation The Water Services Act 2007 modernises the law in relation to water and sewage/wastewater. It replaced a range of legislation dating from the mid to late 19th century including in particular the Water Clauses Acts from the mid-19th century and the Public Health (Ireland) Acts, 1878. The Act deals with water in itself rather than broader issues such as privatisation, pollution control, water quality and […]
Public Health Acts The Public Health Act provides that the Waterworks Clauses Act provisions in relation to the following are incorporated and are applicable to all sanitary authorities. These are, in effect, most local authorities except the former pre-2001 Act smaller town councils. The Public Health Act incorporated provisions of the Waterworks Clauses Act in respect of certain key aspects of water supplies. The Waterworks […]
Dangerous Place A dangerous place under sanitary services legislation means any excavation, quarry pit, pond, stream, dam, dump, shaft or land that is in the opinion of the sanitary authority dangerous or likely to be dangerous to any person. A dangerous structure is any building, wall or structure of a kind or part of anything attached to a building, wall or other structure that is […]
Older House Requirements In addition to building regulations there still remains and for certain basic public health requirements in respect of buildings in the public health legislation. The former buildings bye laws were repealed in 1992 upon the commencement of the building regulation legislation. It is an offence to build a new house, rebuild a house without providing a sufficient water closet. The sanitary authority […]
Deemed Nuisance Various instances of public nuisance are prohibited by the Public Health Act. These include: allowing stagnant water to remain in a dwelling house when required to remove it; allowing the contents of a water closet or cess pit to flow into the ground; keeping pigs in a dwelling house. A statutory nuisance includes Any premises which is injurious to health: Any pools, ditch, […]
Background The public health legislation designates most councils as sanitary authorities. Town councils which were formerly Town Commissioner towns were not sanitary authorities. Most of the powers functions and responsibilities of sanitary authorities are now exercised by Irish Water. The legislation has been modernised. A sanitary authority has the power to provide water within its district. It may construct and maintain waterworks. It may contract […]
Sanitary Authorities The public health legislation designates most councils as sanitary authorities. Town councils which were formerly Town Commissioner towns were not sanitary authorities. Most of the powers functions and responsibilities of sanitary authorities are now exercised by Irish Water. The legislation has been modernised. Sanitary authorities have full powers to receive store disinfect distribute and dispose of sewage. For such purposes that they may […]
Background Domestic rates were discontinued under the Local Government Financial Provisions Act 1978. The Supreme Court in 1984 held that the system of valuation of agricultural rates was unconstitutional. It was based on too arbitrary a valuation in reference to the historical Griffith Valuation only. Local authorities are being paid a grant in lieu of agricultural rates. The Valuation Act, 1988 was a precursor of […]
Liability The rate calculated in any year shall be due and payable on the first day of January of that year. The following persons are liable to pay the rate levied under this section: the occupier of the rateable property on 1st January if the property is unoccupied on that date, the person who is for the time being entitled to occupy the property on […]
Domestic Prior to 1978, legislation made provision for temporary reductions in valuation for domestic (residential) property, where works were undertaken completed during a prescribed period. Relief from domestic rates were provided for in cases of hardship by way of waiver of rates and payment in instalments. Ultimately, domestic rates were entirely abolished by the Local Government (Financial Provisions) Act, 1978. The local authorities were to […]
Local Authority Budget The local authorities is to maintain a local fund under the Local Government Act 2001. All moneys received by way of rates are to be paid into the local fund. There is provision for a separate community fund. Local authorities prepare a draft budget for the next financial year, setting out necessary expenditure and required income to meet it. The draft budget […]
Collection The collection of rates, and interest due on unpaid rates, are under the care and management of the local authority. Local councils may appoint rate collectors. Rate collectors are appointed under warrant to fulfil the functions set out in the local government legislation in relation to rate. The authority is to prepare scheduled of uncollected rates and set out why they were not collected. […]
Rateable Occupation The property must be occupied, in order to be rateable. The primary liability for the rates, rests with the occupier. Prior to July 2014, any person in occupation could be made liable in respect of rates made within the previous two years. 2014 legislation puts the onus of discharging rates on the owner, where there is a change in occupier. The rate is […]
Liability of Others The basic principle is that rates are paid by the occupier of property. There are a number of supplemental rules, but this remains the basic position. Where a rate has been levied in respect of a rateable property in any local financial year and the liable person to whom a rates bill has been given under this section ceases to be the […]