Local Government (Water Pollution) Act, 1977
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Establishment of water quality control authorities. |
25.—(1) The Minister may, after consultation with the Minister for the Public Service and the Water Pollution Advisory Council, by order establish, in respect of such area as is specified in the order, a water quality control authority. | |
(2) A water quality control authority shall perform such functions under this Act of a local authority relating to water pollution as may be specified in the order establishing the authority. | ||
(3) An order under this section may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary for the establishment of the authority, including provisions relating to the membership of a water quality control authority, the transfer to such an authority of specified functions under this Act of a local authority in relation to the area (or part of the area) in respect of which the authority is established, and any necessary modification of any statutory provisions relating to a local authority. | ||
(4) A water quality control authority shall be a body corporate with perpetual succession and a seal and may sue and be sued in its corporate name and may hold and dispose of land. | ||
(5) (a) A water quality control authority shall be a joint body within the meaning and for the purposes of the County Management Acts, 1940 to 1972. | ||
(b) A water quality control authority shall be a local authority within the meaning and for the purposes of— | ||
(i) the Local Government Acts, 1925 to 1974, | ||
(ii) the Local Authorities (Officers and Employees) Acts, 1926 and 1940, | ||
(iii) the Local Authorities (Combined Purchasing) Act, 1939 , | ||
(iv) the Local Government (Superannuation) Act, 1956 , and | ||
(v) the Local Authorities (Mutual Assurance) Acts, 1926 to 1935. | ||
(6) Without prejudice to the generality of subsection (1) or (3), an order under this section may— | ||
(a) provide for the recoupment (in such manner as may be specified in the order) of all or part of the expenses of a water quality control authority and, where a local authority or other person fails to make such a recoupment, the deduction from moneys payable to the local authority or other person by any Minister and the payment to the water quality control authority by that Minister out of such moneys of an amount equal to that to be recouped, and | ||
(b) include provisions relating to all or any of the following matters— | ||
(i) appointment of members (including chairman), | ||
(ii) cessation of membership, | ||
(iii) meetings (including procedure, proceedings and quorum), | ||
(iv) any matters ancillary or incidental to any of the foregoing matters. | ||
(7) Where an order under this section is proposed to be made the Minister shall cause a draft thereof to be laid before each House of the Oireachtas, and the order shall not be made until a resolution approving of the draft has been passed by each House. |