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Local Government (Water Pollution) (Amendment) Act, 1990

Prosecution of certain offences.

27.—(a) An offence under a section of the Principal Act mentioned in column (1) of Part I of the Table to this section may be prosecuted by any person mentioned in column (2) of the said Part I opposite the mention of the section in the said column (1).

(b) A summary offence under a section of the Principal Act mentioned in column (1) of Part II of the said Table may be prosecuted by any person mentioned in column (2) of the said Part II opposite the mention of the section in the said column (1).

(c) A summary offence under section 21 may be prosecuted by the local authority concerned.

(d) (i) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under the Principal Act, this Act or section 171 or 172 of the Act of 1959, may be commenced at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings comes to such person's knowledge:

Provided that no such proceedings shall be initiated later than 5 years from the date on which the offence concerned was committed.

(ii) For the purposes of this paragraph, a certificate signed by or on behalf of the person initiating the proceedings specifying the date or dates on which evidence relating to the offence concerned came to his knowledge shall be prima facie evidence of such date or dates and in any legal proceedings a document purporting to be a certificate under this paragraph and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

TABLE

Part I

Section

Person entitled to prosecute

(1)

(2)

6

The local authority concerned.

10

The person who applied to the court for the order to which the offence relates.

12

The local authority concerned.

14

A local authority in or adjoining whose functional area any of the waters concerned are situated or a sanitary authority in which the sewer concerned is vested or by which it is controlled.

19

The sanitary authority concerned.

23

The local authority concerned or the sanitary authority concerned.

27

A local authority in or adjoining whose functional area any of the waters concerned are situated.

28

The person who appointed the authorised person concerned.

Part II

Section

Person entitled to prosecute

(1)

(2)

3, 4

A local authority in or adjoining whose functional area any of the waters concerned are situated, a regional board in whose functional area any of the waters concerned are situated or any other person affected.

16

A sanitary authority in which the sewer concerned is vested or by which it is controlled or in whose functional area it is situated.