Local Government (Sanitary Services) Act, 1962

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Purchase of sewerage undertakings and waterworks.

6.—(1) Section 202 of the Public Health (Ireland) Act, 1878 , is hereby amended—

(a) by the insertion of “and may, for the purpose of drainage or sewage disposal, purchase either within or without their district any sewerage undertaking;” before “and may”;

(b) by the insertion of “or any waterworks” before “or any water”;

(c) by the addition at the end of the section of:

“In this section ‘sewerage undertaking’ includes sewers, drains, pumps, tanks, sluices, culverts and engines, and all machinery, lands, buildings and things for the purposes of drainage or sewage disposal.”

(2) Subject to paragraph (i) of subsection (5) of this section, it shall be a valid ground for objection to a compulsory purchase order made by virtue of this section in respect of any sewerage undertaking or waterworks that the purchase is necessary neither for the purpose of safeguarding public health nor for the purpose of improved sewerage facilities or water supply and, if such objection is made and the Minister, having considered it and the report of the person holding the inquiry in relation to the order, is of opinion that the purchase is necessary neither for the purpose of safeguarding public health nor for the purpose of improved sewerage facilities or water supply, the order shall not be confirmed.

(3) (a) Where—

(i) all or a majority of the persons entitled to sell by agreement to a sanitary authority any sewerage undertaking or waterworks request the sanitary authority to purchase the sewerage undertaking or waterworks, and

(ii) the sewerage undertaking or waterworks is or are in good order and repair, the following provisions shall have effect:

(I) in case the request is by all of those persons and they and the sanitary authority are in agreement as to the terms upon which the purchase is to be effected, it shall be obligatory on the sanitary authority to purchase the sewerage undertaking or waterworks on those terms,

(II) in any other case, it shall be obligatory on the sanitary authority to exercise their powers of compulsory purchase of the sewerage undertaking or waterworks.

(b) Any dispute arising in relation to this subsection as to whether any sewerage undertaking or waterworks is or are in good order and repair shall be referred to the Minister for decision.

(4) (a) Where, in the case of the compulsory purchase by a sanitary authority of any sewerage undertaking or waterworks, the compensation to be paid to a claimant to whom any relevant grant has been made in relation to the sewerage undertaking or waterworks is being determined by arbitration, the arbitrator shall have regard to the fact that such grant was made.

(b) In the foregoing paragraph “relevant grant” means a grant under this Act, under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1960, or the Housing (Gaeltacht) Acts, 1929 to 1959, or under any scheme administered by the Minister for Agriculture.

(5) Where, in the case of a compulsory purchase by a sanitary authority of any sewerage undertaking or waterworks, default has occurred—

(a) in making any payment to the sanitary authority of principal of or interest on any advance made by them under this Act in relation to the sewerage undertaking or waterworks, or

(b) in making any payment to the sanitary authority in respect of any payment made by the sanitary authority on any guarantee given by them under this Act in relation to the sewerage undertaking or waterworks, or in respect of interest on any such payment, the following provisions shall have effect:

(i) subsection (2) of this section shall not have effect,

(ii) where compensation in relation to the purchase is to be paid to a claimant by whom any amount is due in respect of any such default as aforesaid, the sanitary authority, in case the compensation exceeds the amount, may retain a portion of the compensation equal to the amount and apply it in discharging the amount and, in any other case, may retain the compensation and apply it in or towards discharging the amount.

(6) In section 10 of the Local Government (No. 2) Act, 1960 , “land” shall include everything which may be purchased by virtue of section 202 of the Public Health (Ireland) Act, 1878 , as amended by this section.