Dick Roche (Wicklow, Fianna Fail)

Several amendments were designed to ensure that sufficient powers to undertake the essential function of installing or taking in charge of pipes and related water services infrastructure were made available under the Bill. Amendment No. 207 to section 95 enables a water services authority to regularise the status of private water supply pipes or wastewater collection pipes where their ownership cannot be readily ascertained after reasonable inquiry and at its discretion to take them in charge. The amendment will have particular application to the group water services scheme sector which has many instances of older schemes, established by trustees such as parish priests and other members of the local community, who have moved on or passed on. For these, there is no record or evidence as to continuing ownership or control. Such difficulties put these schemes in limbo. The legislation will provide a means to overcoming this difficulty.

Amendment No. 209 inserted a new section 94 to enable a water services authority to obtain consent to lay cables, water pipelines and ancillary fixtures over private lands. The new section updates 19th century Public Health Acts provisions and enables a water services authority to refer the matter to the Circuit Court for determination where consent is deemed to be withheld. Any related compensation for landowners will be assessed in accordance with standard provisions under the Planning and Development Acts, thus ensuring uniformity in approach across the various legislative headings.

Amendment No. 98 inserts additional provisions into section 42 to enable a water services authority to install connecting pipes on behalf of premises-owners where access is required across neighbouring privately-owned land. This is necessary to prevent delays in connecting water services and will ensure against exorbitant ransoms being charged for connection across neighbouring lands to gain access to a connection. Such additional costs inevitably get passed on to consumers and artificially drive up development costs.

Under amendment No. 91, section 41 is amended to provide that where a person claims an interest in or under a road, it will be a matter for that person to prove his or her interest as so claimed. The value of any such interest will be claimed to be nil unless it can be shown to be otherwise by the person making the claim.

Amendment No. 108 provides for the extension of powers relating to the renewal and maintenance of a connection running under a road provided for in section 43(9) to the installation of a connection in the first place to obtaining the consent of the relevant road authorities. Amendment No. 89 provides for public notification regarding works on the laying on or under a road. Amendment No. 110 sets out the procedures for taking in charge of a connection by a water services authority. Amendment No. 109 provides for the avoidance of doubt that a connection, once taken in charge by a water services authority, will become the sole responsibility of the authority. Amendment No. 206 updates cross-reference to the new section 98. Amendment No. 208 shortens and simplifies the wording of section 96. Amendment No. 51 clarifies provisions for services of notices under section 19 where the name of a person to whom the notice is directed cannot be ascertained.

These amendments will ensure an effective and balanced package of powers is available under the Bill to underpin the installation of water services infrastructure while protecting the rights of individual landowners affected.