Superior Court Rules

ORDER 108

LOCAL GOVERNMENT (WATER POLLUTION) ACT, 1977

1. In this Order–

‘the Act’ means the Local Government (Water Pollution) Act, 1977.

2. An application for an Order under section 11 of the Act shall be by motion on notice to the person against whom relief is sought.

3. The notice of motion shall be entitled in the matter of the Act on the application of the person bringing the application; shall state the relief sought; describe the contravention of section 3(1) or 4(1) of the Act which has occurred or is occurring; shall state the name and place of residence or address for service of the person seeking relief; the date upon which it is proposed to apply to the court for relief; and shall be filed in the Central Office.

4. Notice of the motion shall be given to the person against whom the relief is sought (the respondent); but if it shall appear to the court that any person to whom notice has not been given ought to have or ought to have had such notice, the court may either dismiss the application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the court may think fit to impose.

5. There must be at least 10 days between the service of the notice and the day named therein for the hearing of the motion.

6. (a) Subject to the right of the court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit.

(b) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the Central Office by the respondent within seven days of the service on him of the applicant’s affidavit, and the respondent must within such period serve a copy of any affidavit intended to be used by him on the applicant.

7. Pending the determination of an application under section 11 of the Act, the court, on the application of the applicant or the respondent, by interlocutory order, (or, if satisfied that delay might entail irreparable or serious mischief, by interim order on application ex parte) may make any order in the nature of an injunction; and for the detention, preservation or inspection of any property or thing; and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building; and for all or any of the purposes aforesaid may authorise any sample to be taken or any observations to be made or experiment to be tried, which it may consider appropriate, necessary or expedient.

Subscribe to our newsletter

Please enable the javascript to submit this form

Contact

Lonsdale Law Publishing

Lonsdale House

Avoca Avenue

Blackrock

Co. Dublin

 

Office Open: Monday – Friday | 9 a.m. – 5.30 p.m. (Irish time) | Tel: +353 (0)1 278 5090 | E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.