Pat Gallagher (Donegal South West, Fianna Fail)

This group of amendments adds section 15 of the Public Health (Ireland) Act 1878 to the list of repeals and also provides for the repeal of paragraph 1 of section 29 of that Act. Section 15 of the Local Government (Ireland) Act of 1878 provided in effect that all existing and future sewers and related waste water works in the functional area of a sanitary authority would vest in and be under the control of the sanitary authority. Its functions with regard to existing sewers have been fulfilled and will continue to apply by means of the Interpretation Acts. Its continuing application to all sewers provided in the future could serve to undermine the development of public private partnership projects or the undertaking by group water service schemes of waste water collection and treatment functions. Where a group water service scheme provides a sewer, for example, it is intended that it would normally remain in the ownership of the scheme which would in due course be responsible for its ongoing maintenance subject to the conditions of its licence under Part 6 to provide waste water service. It is appropriate therefore that section 15 should be repealed.

The repeal of section 29(1) of the 1878 Act is consequential on amendment No. 170 which inserted a new section 103 with regard to the control of building over pipes. Section 29 provides for penalties for unauthorised building over urban authority sewers together with related powers to alter, demolish or otherwise deal with such structures and recover costs incurred. It is being replaced by the provision of the new section. Section 29 is not being entirely repealed as it also deals with controls on building vaults and cellars under streets.