|
|
Amendment of section 3 of Principal Act.
|
3.—(1) Section 3 of the Principal Act is hereby amended by—
|
|
| |
(a) the substitution for subsection (3) of the following subsection—
|
|
| |
“(3) It shall be a defence to a charge of committing an offence under this section for the accused to prove that he took all reasonable care to prevent the entry to waters to which the charge relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that were suitable for the purpose of such prevention.”, and
|
|
| |
(b) the substitution for paragraph (a) of subsection (5) of the following paragraphs—
|
|
| |
“(a) (i) a discharge of a trade effluent or a sewage effluent which is made under and in accordance with a licence under section 4;
|
|
| |
(ii) a discharge of a sewage effluent from a sewer: Provided that, where a standard applying to the effluent stands prescribed under section 26, the discharge complies with that standard;
|
|
| |
(iii) a discharge of a trade effluent or sewage effluent to which regulations under section 4 (10) apply: Provided that, where a standard applying to the effluent stands prescribed under section 26, the discharge complies with that standard;
|
|
| |
(aa) any entry authorised by or under an enactment specified in the Table to subsection (6);”.
|
|
| |
(2) (a) The Minister may, after consultation with any other Minister of the Government who, having regard to his functions, he considers ought to be consulted, by regulations, restrict, attach conditions to, or repeal all or any of the exemptions specified in subsection (5) or (6) of section 3 of the Principal Act.
|
|
| |
(b) Where it is proposed to make regulations under this subsection, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
|
|
| |
(3) A reference in any enactment specified in the Table to section 3 of the Principal Act to the Act of 1959 shall be construed as including a reference to subsection (1) of that section.
|
