Information about the Environment An international convention, the Aarhus Convention and European Union rules support the enforcement of environmental rules and standards by members of the public. They apply to information held by public authorities. This includes government departments and also local authorities and bodies which have any public function in relation to the environment Environmental information is very broad. It includes information in written […]
Local Authorities and Irish Water The local authority is the planning authority for the county. Unless exempted, all work, and changes of use of land require planning permission. Works cover most physical changes to the land. There are significant exemptions for agricultural use and work. Under the Local Government (Water Pollution) Acts 1977 and 1990 and the Water Services Act 2007 to 2017, local authorities are […]
General The rules that apply in relation to river management and riparian owners vary significantly in their nature. Common law rules and liability, such as those discussed in relation to riparian rights, nuisance, negligence and trespass give rise, at most, to a right of damages (compensation) for persons such as adjoining owners, who suffer quantifiable economic loss. In some cases, injunctions are available to enforce […]
Natural Rights Riparian rights are natural rights that attach to land. Natural rights are attached to all land automatically. They arise automatically as part of the rights that go with ownership. The riparian rights in relation to a natural river or stream attach to the adjoining owner’s title to land. That owner is the riparian owner. They are similar to other natural rights, such as […]
Flow of the Water At common law, the riparian owner is entitled to have the stream flow down as it has been accustomed to flow, subject to the ordinary reasonable use of the flowing water by upper owners, without sensible (appreciable) diminution or increase and without sensible alteration in its character or quality. The riparian owner may protect the flow of the water. A riparian […]
Obstructions At common law, anything done to the bed of a river which produces no sensible (appreciable) effect on the watercourse is permissible. However, this is subject to requirements under planning, environmental and fisheries legislation in many cases. It is not enough that it is permissible at common law. Riparian owners are not entitled to use the bed in such a manner as to limit […]
Public Nuisance There is a tort of public nuisance. It is also a crime at common law. However, it is quite narrow. It applies where there is an injury to a public benefit or interferance with the reasonable comfort and enjoyment of the public or a section of the public. Generally, only the Attorney General can take or consent to taking civil proceedings. A person […]
Easement Rights An easement is a right which some person acquires for the benefit of a particular piece of property over another property. An easement might add to the riparian rights of an owner or qualify or limit them when it is held by another party. The categories of easements are not closed. However, they must have certain characteristics. An easement is a property right. […]
Fisheries Offences Before the modern water pollution legislation was introduced in the 1970s, there was fishing legislation which protected fishing waters. The release of certain materials and deleterious matter into waters is an offence under the Fisheries Act. Deleterious material is any substance which is injurious or poisonous to fish or their spawning grounds or their food or impairs the usefulness of the bed and […]
General The Water Framework Directive seeks to preserve beneficial uses of water and prevent or minimise discharges of dangerous substances or pollutants. It has broader ecological objectives based on protecting and, where necessary restoring aquatic ecosystems and thereby safeguarding the sustainable use of water resources. A feature of the Water Framework Directive is that point discharges and diffuse discharges are both controlled. States must ensure […]
Groundwater The European Communities (Environmental Objectives Groundwater) Regulations give effect to the Water Framework Directive and the groundwater directive. Public authorities must promote compliance with the regulations. This may include the implementation of measures to prevent pollution, protect and restore groundwater and achieve compliance with standards for protected areas. Point source discharges and diffuse sources likely to enter groundwater must be controlled to prevent or […]
Agriculture Agriculture can be a significant cause of water pollution. Much agricultural activity is exempt from planning permission. In some cases, there may be conditions under existing planning permission granted for some purpose. Only some discharges of agricultural effluents from point sources are subject to licensing, such as intensive livestock and poultry units licensed by the EPA. Other types of discharges may be subject to […]
Adjoining Rivers It is presumed, in the absence of an indication to the contrary, that the bed of non-tidal river vests equally in the owners of the adjoining riparian lands. This is equivalent to a presumption of ownership of the subsoil of the highway street or road on the part of adjoining property owners. The presumption of ownership may be rebutted by evidence of a […]
Property in Water Water which is appropriated or taken in to possession from a known channel, is capable of being owned. The property right exists only during possession. Blocked water within a receptacle is the property of the person who possesses it for as long as he continues in possession. Where water flows through his land and not beyond it, the landowner may generally use […]