Section 12 of the Local Government (Water Pollution) Acts, 1977 & 1990

Under Section 12 of the Local Government (Water Pollution) Acts, 1977 & 1990, the Local Authority may serve a notice in writing on any person having custody or control of polluting matter. This notice specifies measures to be taken by the person in order to prevent or control the pollution of the water concerned.

It is an offence under Section 3 of the Local Government (Water Pollution) Acts, 1977 and 1990 to cause or permit any polluting matter to enter waters. A person who permits polluting matter to enter waters shall be guilty of an offence and shall be liable to prosecution by the Local Authority, the Fisheries Board or any other person. Pollution may originate from a number of sources including agriculture, forestry, industry or badly constructed or badly maintained septic tanks.

Section 12 Notices

Under Section 12 of the Local Government (Water Pollution) Acts, 1977 & 1990, the Local Authority may serve a notice in writing on any person having custody or control of polluting matter. This notice specifies measures to be taken by the person in order to prevent or control the pollution of the water concerned.

Furthermore a person who does not comply with the terms of a Section 12 Notice shall be guilty of an offence and shall be liable to prosecution by the Local Authority.

https://www.irishstatutebook.ie/eli/1977/act/1/section/12/enacted/en/html

Note: potentially used as a tool to get controversial pollution matters solved quickly as the order relinquishes the entity being enforced upon from applying for planning permission. This could be used specifically to keep certain enforcement matters under the radar as planning permission triggers a public process etc

Local authorities do not appear to publish Section 12s. FOI/AIE is only channel to request disclosure

Examples:

https://irishriverproject.com/category/section-12-water-pollution-notices/

Section 12 Water Pollution Notices – forestry activities in Leitrim – 2022

AIE Request

For the period 1 January 2022 to 31 December 2022 (both dates inclusive) please provide, by email, a copy of all Notices served under Section 12 of the Local Government (Water Pollution)  Act 1977 in relation to forestry activities. (Other non-forestry related  Section 12 Notices are not requested) 

Euroforest Timber Ltd

Water pollution at Attimanus, Kilnagross, Leitrim

Coillte

Water pollution at Tullywana, Gubnaveagh, Leitrim (LM09-FL0043)

Coillte

Water pollution at Crumpaun, Leitrim (LM01-FL0010 & LM01-FL0011)

AIE: Section 12 Water Pollution Notice served by Leitrim County Council on Coillte in relation to LM02-FL0026 (Water Pollution at Derrynahimmirk, Rossinver, Co Leitrim)

3 December 2021

Reason for Inspection
Complaint received from Rural Water in relation to contamination of drinking water (well supply) supply serving 3 houses and land connection, contamination possible because of works on nearby forestry.

The Derrynahimmirk stream rises from agricultural land to South and discharges through the felled zone where, beyond the forestry site, it converges with the Glenaniff River before discharging to Lough Melvin. Due to the Glenaniff River’s drop from High to Good Status it forms part of the Blue Dot Catchments Programme, a collaborative initiative for the protection and restoration of rivers and lakes that have deteriorated since the 1st River basin management cycle in 2007.


One river crossing point was noted, its construction appears degraded with the stream clogged either side and lush grown in the stream. Sections of the stream are laden with sediment. At the lowest point of the site the stream is wider and faster flowing and the natural course has been altered by timber, brash and debris obstructing the flow path. Logs and timber debris were noted in the river further upstream. Damage was also noted to a small number of native trees within the buffer zone of the Derrynahimmirk Stream

Site Inspection Photos

Correspondence with Coillte

Reports

Results

Maps