Pat Gallagher (Donegal South West, Fianna Fail)

This amendment replaces and expands the original section 92 to enable water services authority powers of direction in relation to connections to be applied not just to group water services schemes, but to individual water service consumers. It also provides for additional appeals provisions and introduces new provisions on future maintenance arrangements on shared connections to services.

The revised provision enables a water services authority to direct any person who is already connected to its water services to facilitate extension of those services to another person through his or her pipes. Similar directions may be made to facilitate connection of other persons premises to water storage facilities or related drains. As soon as a notice becomes enforceable, the water services authority is enabled to enter land and carry out the necessary works for this purpose. The cost of related works must be borne by the water services authority or the beneficiary of the connection in such proportion as the water services authority may decide.

In the interests of fairness, the powers of direction will not be applicable where they interfere unreasonably with the capacity of the notice recipient to carry on a business which is connected to the services in question. It is envisaged that the District Court could adjudicate on this matter in the context of an appeal for which provision is duly made. Responsibility for ongoing maintenance and renewal of a pipe into which a connection is made will remain with the owner of the pipe who may apportion any cost between themselves and the beneficiary of the new connection in proportion to the respective level of use of the pipe. Disputes about the apportionment of subsequent maintenance costs, or about compensation arising from an initial connection, will be referred to arbitration rather than to the courts to minimise delays in the appeals process.

The enforcement of a direction under this section will be done by means of a District Court injunction, as required. The revised powers of direction continue to enable a water services authority to require an unauthorised provider of water services to facilitate connection through its water works or waste water works. The provision of services by the water services authority will facilitate the orderly development of water services, in accordance with relevant strategic plans and in line with the intention of the original section 92.