Local Government (Water Pollution) Act 1977, (Transfer of Appeals) Order, 1978 (Amendment) Order (S.I. No. 37 of 1983)

STATIJTORY INSTRUMENTS. 5.1. No. 37 of 1983. LOCAL GOVERNMENT (WATER POLLUTION) ACf. 1977. (TRANSFER OF APPEALS) ORDER. 1978, (AMEND MENT) ORDER, 1983. 2 [37J S.I. No. 37 of 1983. LOCAL GOVERNMENT (WATER POLLLmON) ACf, 1977. (TRANSFER OF APPEALS) ORDER, 1978, (AMEND MENT) ORDER. 1983. The Minister for the Environment, in exercise of the powers conferred on him by section 21 of the Local Government (Water Pollution) Act, 1977 (No .1 of 1977), hereby orders asfollows: 1. This Order may be cited as the Local Government (Water Pollution) Act, 1977, (Transfer of Appeals) Order. 1978 (Amendment) Order, 1983. 2. This Order shall come into operation on the 11th day of April, 1983. 3. Article 5 (4)of the Local Government (Water Pollution) Act, 1977 (Transfer of Appeals) Order, 1978 (5.1. No. 96 of 1978) is hereby amended by the substitution of '"to 1982" for "and 1976". 4. The Schedule to the Local Government (Water Pollu tion) Act, 1977 (Transfer of Appeals) Order, 1978 is hereby amended as follows: (0) by the deletion of the references therein to section 6 and to section 15 (1) of the Local Government (planning and Development) Aet,1976, and (b) by the addition to the said Schedule of the foUowing . maner: " Local Government (Planning and Development) Act. 1982. Section5. 5. (1) Where the Board is of opinion that an appcaI to the Board has been abandoned, the SOard may serve OD the penoa who made the appcaI a ootice Itatiq diat fac1 and ~uirinl! mat person. withiD • period specified ID the DOtice (being • periodof DOt IcsS than founeen days bePmung OD die date of service of the nonce) to make to tile Boud • submission in writing as to ~y tile IPPCI1 sbould not be regarded as bavmg been witbdnwn. (2) Where I DOtic:c bas been served under subsection (1) of this section the Board may. al Notice ofthe making ofthis Statutory Instrumem W4S published in the "Iris OifigiUil" ofnnd February, 1983. StCllOn 7. Section10. ·[37] 3 my time atter the esplrauon of the pmod spec ified in die notia:. and after coasideriDg the IUbmissioo (uany) made to the Board pursuant to tbe DOtJa:. dedare that the appea! shall be reprded IS having been ~thdnWD. (3) Where the Board makes a dl:daration aDder thissection. DOtwiths~ sec:Uoa 15(2) of the Loca! Government (P1~ IDd Devel opment) Act. 1976 as modified tty tbc Local Go¥enuDeDt (Water PoUutioD) Act. 1977 (Traosfer of Appeals) Order. 1978 (5.1. No. 96 of 1978). the BOard may. u it thinks fit. direct that the deposit lodged in relation to the relevant appeallhaB be forfeited to the Board. 7. (1) The Minister shall. from time to time. issue such general directives as to pabcy in relat ion to water pollution as he COnsideB Decessary. (2) The Board Iba.l1 in performiDgits·fuDc:tions have regard to any directive UDder this sec:tlOD. (3) Nothing in this section shall be construed as enabling the Minister to exen::ise any power or control m relation to any paniaalarcase with which the Board is or maybe cxma:med. (4) Where the Minister gives a direc:uve under this section. the followingprovisions shallapply: (Q) as soon as may be the MiDister shall cause a copy ot the din:ctivc to be laid before each House of tbe OiRachtas. (b) the directive sha1l be publisbed in the Iris OifigiUil.end (c) the Minister Iball cause a copv of the directive to be sent to tbe Boaid. 10. (1) The Minister may.with the a:IIIIeDt of the Minister for FlIlIIlCC. make relU1ations pro YidiDJ for the payment to the Boarcfofprescribed fees m relation to~ to the Board and the regulations may proYide for the (IlI.!tDeDt of dif· ferent fees in relation to casesof different dasses or description. for exemption from the payment of fees in~ cin:wDswIc:a. for the waiver. remission or refuDd (in wbole or in part) of fees in~ed circ:umstaDc:es and for die manner in which fees are to be disposed of. (2)Wbere (Q) under regulations under this section a fee (other than a fee referred to in sub scaioa (4) of thissea:iOD) is payable to the Board by an~t in respect of an appea1 by him to the Board. aDd (b) the provision of the Local Government (Water Pollution) Act. 1m luthorismg me aooeal enables tbc appeal oaly to be made before the ezpirabOD of the pre scribed period that provision shall be COtIStIued as~' 4 137J (i) • laIuiremCDt that the fee is to be rca:iYcd by the Board before the ex!"r at:ioaof dW period (or. if the fee IS sent by poIl.Dot later tbaD the third dayafter t6&t periodor day).1Dd (ii) • provisioD that if the fee is DOl $0 rccciYcd thc appeal sball be invalid. (3) Where UDder regulations. uader this sect ion•• fee is ~yablc to the Board IDd the person by whom the fee is payablc is DOt (a) the appIic:aDt for a Iiceace. or (b) ID appellaat to the Board. submissioDs or observatiODS made. as regards the relevant appeal by or OD bebaJfof the person bv wbom SUc:Dlee is payable. sball DOt beconsiderec bv the Board if the fee has DOt been received bv ~eBoard. . (4) Where UDder regulations UDder this section fees are payable to the Board in re-spect of requests for oral heariDD of appeals to the Board. such a request sbafI DOt be coasidereciby the Board if the fee so payable in respect of the request is DOt received by the Board. GIVEN under the Official Seal of the Minister for the Environment this 11th day of Februarv 1983. DICK SPRING. Minister for the Environment. EXPLANATORY NOTES. (These notes are not pan of the Instrument and do not purport to be a legaliruerpretation.] 1. This Order provides for certain procedural matters related to appeals under the Local Government (Water Pol lution) Act, 1977to An Bord Pleanala. 2. The Order also authorises the Minister for the Environ ment with the consent of the Minister for Finance to make regulations providing for the payment to An Bord Pieanala of prescribed fees in relation to appeals to the Board.