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 […]
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 […]
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 […]
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 […]
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 sanitary authority may by notice, require owners or occupiers to remove any nuisance or offensive […]
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 […]