Freedom of Information Section 16 Reference Manual Clare County Council Fourth revised edition – November 2010 Notice: Information in this manual may change We intend to keep this manual as accurate and up to date as possible. However some of the information may change after the manual is published through no fault of Clare County Council. There may be changes to, • staff • contact details including addresses • legislation • organisational structures, and • areas of responsibility When there are changes, we aim to update this manual within a reasonable time. You can download the most up-to-date version of this manual from the Clare County Council’s website www.clarecoco.ie. The information contained in this Section 16 Reference Manual is only a guide. It is not a legal interpretation of any legislation mentioned. Page 2 of 2 Table of contents Introduction ............................................................................ 4 Housing, Social & Cultural Services.............................................. 7 Planning, land use and transportation ......................................... 12 Environment and water services directorate ................................. 27 Community and enterprise and emergency services .................... 138 Finance and human resources................................................. 150 Corporate services................................................................ 204 Page 3 of 3 Introduction The freedom of information legislation was enacted on April 21, 1997. The Act was initially applied to government departments and certain government bodies from April 21st, 1998. It was applied to local authorities and health boards from October 21st, 1998. Since then the act has encompassed many more public bodies. The Freedom of Information (FOI) Act established three new legal rights: • everyone is entitled to access information held by public bodies • everyone is entitled to have official information about them changed when it is incomplete, incorrect or misleading; and • everyone is entitled to find out the reasons why decisions were made that affect themselves. The act says people have the right to gain access to official information to the greatest extent possible, consistent with; • the public interest; and • the right to privacy of individual. In particular people have the right to access, • all local authority records created since October 21st , 1998 which are not routinely available through other sources; • records created before October 21st , 1998 that are nonpersonal nature as may be needed to understand records created after the 1997 Act was put in place; • personal records about themselves no matter when they were created; and Page 4 of 4 • in the case of local authority staff members personnel records created since October 21, 1998 The Freedom of Information (Amendment) Act 2003 came into effect on April 11, 2003. This Act introduced a number of important amendments to the 1997 Act notably in relation to; • Section 19 (general records); • Section 20 (deliberations of public bodies); • Section 24 (security, defence and international relations); and • Section 47 (fees). We have prepared and published this reference manual in line with Section 16 of the Freedom of Information Act, 1997. Section 16 of the Act requires us and all other bodies covered by the Act to publish a manual that sets down the rules, procedures, practices and guidelines we use when we make certain decisions that affect the rights and privileges of members of the public. This manual is designed to help the public understand how we do business. Where rules, procedures or guidelines have already been published this manual will show where and how you can access or purchase them: You can buy most of the acts and regulations listed later in this manual at the Government Publications office in Molesworth Street, Dublin 2; or you can download them from the Irish Government website; www.irlgov.ie Copies of bye-laws and circular letters are available either from us or directly from the relevant government department (usually the Department of Environment, Heritage and Local Government) from which they originated. Page 5 of 5 Copies of any other rules, guidelines and precedents, appropriate to each section as listed in this manual are available for inspection at that section free of charge. You should read this reference manual together with our Section 15 Reference Manual. The Section 15 reference manual details: • our structure and function; • the services we provide; • the types of information we keep on record; and • how to make a FoI request to us. Copies of the Section 15 and Section 16 Reference Manuals are available directly from our offices (please see contact details shown below) or from our website; www.clarecoco.ie Name - Valerie Lyons Title - Freedom of Information Officer Address - Clare County Council, New Road, Ennis, Co. Clare Telephone - (065) 6846405 Fax: (065) 6828233 Email: [email protected] Services are provided by Clare County Council under the following eight divisions which are standard to all Local Authorities: • Housing and building • Road transport and safety • Water services • Planning Page 6 of 6 • Environmental services • Recreation and amenity • Agriculture, education, health & welfare • Miscellaneous services In addition to the eight divisions each council has a number of functional support sections that can be combined under the additional programme area of: Finance, I.T. and common activities Housing, Social & Cultural Services Rules, Guidelines and Precedents used by the Housing, Social & Cultural Services Section of Clare County Council. Department of the Environment, Heritage and Local Government’s Handbook Delivering Homes, Sustaining Communities. are relevant guidelines in the delivery of the services Assessment of Housing Needs • Assessment of Housing Needs Circular No: N9/88 as amended Provision of Local Authority Housing • Assessment of housing needs • Department of the Environment, Heritage and Local Government Annual Housing Allocation • Standard of construction in accordance with Department of Environment Memorandum on the procedures to be followed and the standards to be applied in providing Local Authority Dwellings Circular Letter No: N8/82 Page 7 of 7 • Department of the Environment, Heritage and Local Government’s Social Housing Guidelines - Site Selection Allocation of Housing to Qualified Applicants (Lettings) • Local Authority’s Scheme of Letting Priorities April 2009 • Local Authority’s Anti Social Behaviour Strategy 2010 • Standard Tenancy Agreement Maintenance of Local Authority Housing • Local Authority’s Statement of Policy on Housing Management and Tenancy Agreements • Tenant’s Handbook • Policy Statement “Action Against Illegal Dumping within Local Authority Estates” – October 2005 Estate Management • Local Authority’s Anti-Social Behaviour Strategy 2010 Rent on Local Authority Dwellings • Local Authority’s Differential Rent Scheme Traveller Accommodation • Housing (Traveller Accommodation) Act, 1998 • D.E.H.L.G Guidelines - Residential Caravan Parks for Travellers • Policy Statement - Traveller Accommodation Advisory Committee Page 8 of 8 • Local Authority’s Traveller Accommodation Programme 2009 - 2013 Assistance to those housing themselves Department of the Environment, Heritage and Local Government’s Handbook Delivering Homes, Sustaining Communities, are relevant guidelines in the delivery of the services Affordable Housing • 1999 Affordable Housing Scheme • Housing (Miscellaneous Provisions) Act 2004 • Part V of the Planning & Development Acts 2000 – 2009 • Circular AHS 1/05 • Local Authority’s Affordable Housing Scheme Tenant Purchase • Tenant Purchase Scheme 1995 • Incremental Purchase Scheme 2010 Housing Loans • Shared Ownership - Department of Environment Letter: H.R.T. 10/91 - As amended. • Code of Practice on Dealing with Mortgage Arrears • Dealing with Mortgage Arrears Circular HPS5/2010 • Housing (Miscellaneous Provisions) Act 1992 • Housing (Local Authority Loans) Regulations 2009 Page 9 of 9 Improvement Works in lieu of Local Authority Housing • Department of Environment Circular Letter No: N4/98 as amended Housing Grants • Housing Adaptation Grants Scheme for people with a disability • Scheme of Housing Aid for Older People • Mobility Aids Grants Scheme • Housing (Adaptation Grants for Older People and People with a Disability) Regulations 2007 • Local Authority’s Housing Grants Implementation Scheme 2010 Mortgage Allowance Scheme: • Department Circular No: H.R.T. 7/91. As amended. Voluntary Housing • Department of Environment Circular No.: VHU: 2/02. As amended • Section 6 of the Housing (Miscellaneous Provisions) Act 1992 • Circular SHIP 2009/05 – Social Housing Leasing Initiative: Approved Housing Bodies Rental Accommodation Scheme (RAS) • Residential Tenancies Act 2004 • RAS Implementation Strategy 2007 Page 10 of 10 Housing Legislation Statutes • Housing Act, 1966 • Housing (Miscellaneous Provisions) Act, 1979 • Housing (Private Rented Dwellings) Act, 1982 • Housing Act, 1988 • Housing (Miscellaneous Provisions) Act, 1992 • Housing (Miscellaneous Provisions) Act, 1997 • Housing (Traveller Accommodation) Act, 1998 • Housing (Miscellaneous Provisions) Act, 2002 • Housing (Miscellaneous Provisions) Act, 2004 • Housing (Miscellaneous Provisions) Act, 2009 Community playgrounds • Local Authority Play Policy 2004 – 2008 • Community Playground Development Grant Scheme 2006 – 2009 Burial Grounds • Public Health (Ireland) Act, 1878 • Public Health (Ireland) Act, 1896 • Local Government (Sanitary Services) Act, 1948 • Local Government (Sanitary Services) (Joint Burial Boards) Act, 1952 • Local Government (Sanitary Services) Act 1962 • Local Government Act, 1994 – Second Schedule • Rules and Regulations for the Regulation of Burial Grounds etc. 1888 Page 11 of 11 • S. I. No. 600 of 2001 Planning and Development Regulations, 2001 – Parts 8 and 10 • DoEHLG Circular L 3/63 • DoEHLG Circular ENV. 23/74 of 23/9/1974 • DoEHLG Circular LSS 6/94 Burial Grounds / Exhumation Licences – Devolution of Controls • Managers Orders on charges – annual Planning, land use and transportation Rules, guidelines and precedents used by the planning section of Clare County Council Primary legislation - Acts of the Oireachtas • Local Government (Planning & Development) Act, 1963 • Local Government (Planning & Development) Act, 1976 • Local Government (Planning & Development) Act, 1982 • Local Government (Planning & Development) Act, 1983 • Local Government (Planning & Development) Act, 1990 • Local Government (Planning & Development) Act, 1992 • Local Government (Planning & Development) Act, 1993 • Local Government (Planning & Development) Act, 1998 • Planning & Development Act, 2000 • Planning & Development (Amendment) Act, 2002 • Strategic Infrastructure Act 2006 • Planning & Development (Amendment) Act 2010 Page 12 of 12 EU directives • EC Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment (Environmental Impact Assessment) • EC Directive 97/11/EC – 03/03/97 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (Environmental Impact Assessment) • Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the Environment • European Communities (Environmental Assessment Of Certain Plans And Programmes) Regulations 2004 (SI 435/2004) Secondary Legislation – Regulations • Environmental Impact Assessment Regulations 1989 • Local Government (Planning & Development) Regulations, 1994, S.I. 86/94 • Local Government (Planning & Development) Regulations, 1995, S.I. 69/95 • Local Government (Planning & Development) (No. 2) Regulations, 1995, S.I. 75/95 • Local Government (Planning & Development) Regulations, 1996, S.I. 100/96 • Local Government (Planning & Development) Regulations, 1997, S.I. 78/97 • European Communities (Natural Habitats) Regulations, 1997, S.I. 94 /97 Page 13 of 13 • Local Government (Planning & Development) (No. 2) Regulations, 1997, S.I. 121/97 • Local Government (Planning & Development) (No. 3) Regulations, 1997, S.I. 261/97 • Local Government (Planning & Development) (Fees) (Amendment) Regulations, 1998, S.I. 119/98 • Local Government (Planning & Development) Regulations, 1998, S.I. 124/98 • Local Government (Planning & Development) (Fees) (Amendment) (No.2) Regulations, 1998, S.I. 128/98 • Local Government (Planning & Development) (No. 2) Regulations, 1998, S.I. 194/98 • Local Government (Planning & Development) General Policy Directive (Shopping) 1998 S.I. 193/98 • D.O.E. Circular Letter SR 6/91 - Septic Tank & Percolation Systems - revision of standards recommendations • Planning and Development Regulations 2001 • Planning and Development Regulations 2001 S.I. 600/2001 • Planning and Development Regulations 2002 S.I. 70/2002 • Planning and Development (No 2) Regulations 2002 S.I. 149/2002 • Planning and Development (Certification of Fairground Equipment) Regulations 2003 S.I. 449/ 2003 • Planning and Development (Strategic Environmental Assessment ) Regulations 2004 S.I. 436/2004 • Planning and Development (Amendment) Regulations 2008 • Planning and Development (Regional Planning Guidelines) Regulations 2009 Page 14 of 14 • Planning and Development Regulations 2010 Land use policy • County Clare Development Plan 2005-2011 and Variation No. 1 and Variation No. 2 (Wind Energy Strategy) • (Draft) County Development Plan 2011-2017 • Draft Wind Energy Strategy 2011-2017 • Draft Retail Strategy for the Mid West Region • Draft Housing Strategy for the Mid West Region • Draft Strategic Environmental Assessment • Ennis and Environs Development Plan 2008-2014 and Variation No. 1 • North Clare Local Area Plan 2005-2011 • East Clare Local Area Plain 2005-2011 • South Clare Plan 2009-2015 • West Clare Local Area Plan 2009-2015 • Draft North Clare Local Area Plan 2011-2017 • Draft East Clare Local Area Plan 2011-2017 • Development Contribution Scheme 2004 • Draft Development Contribution Scheme 2011-2017 • Draft Heritage Plan 2011 -2017 • County Clare Rural House Design Guide National and regional policy documents • The National Development Plan 2007-2013 • National Spatial Strategy Page 15 of 15 • DoEHLG Childcare Facilities – Guidelines for Planning Authorities • DoEHLG Planning Guidelines for Telecommunications Antennae and Support Structures, July 1996 • DoEHLG Wind Farm Development – Guidelines for Planning Authorities, September 1996 • DoEHLG Residential Density – Guidelines for Planning Authorities, 1999 • DoEHLG A Guide to Protected Buildings, December 1999 • DoEHLG Retail Planning Guidelines, 2000 • DoEHLG Childcare Facilities – Guidelines for Planning Authorities • DoEHLG Landscape and Landscape Assessment – Guidelines for Planning Authorities • DoEHLG Guidance Document – Part V of the Planning and Development Act, 2000 – Implementation Issues, February 2002 • DoEHLG Part V of the Planning and Development Act 2000 as amended by the Planning and Development (Amendment) Act 2002 – Further Guidance on Implementation Issues, Lúnasa 2003 • DoEHLG Environmental Impact Assessment (EIA) – Guidance for Consent Authorities regarding Sub-threshold Development, August 2003 • EPA Manual on Treatment Systems for Single Houses (2000) • Forest Service – Department of Communications, Marine and Natural Resources – Forestry and Archaeology Guidelines Page 16 of 16 • Local Agenda 21 Sustainable Development incl. National Strategy • Environmental Impact Assessment (EIA) Guidance for Consent Authorities regarding Sub-Threshold Development • DoEHLG Landscape and Landscape Assessment – Guidelines for Planning Authorities • Quarries and Ancillary Activities – Guidelines for Planning Authorities (2004) • Wind Energy Development Guidelines for Planning Authorities 2004 • Sustainable Rural Housing - Consultation Draft of Guidelines for Planning Authorities – April 2005 • Planning Guidelines on Architectural Heritage Protection of Places of Public Worship - November 2003 • Midwest Regional Planning Guidelines 2011-2022. • SEA Directive (2001/42/EC): Assessment of the Effects of Certain Plans/Programmes on the Environment – (DRAFT) Guidelines for Regional Authorities and Planning Authorities • S 6/03 Review of the retail planning guidelines in so far as they relate to the floorspace cap on retail warehousing • Development Management Guidelines –June 2007 • • NRA No. 9/2007 Traffic and Transport Assessments Guidelines Guidelines and circulars • DoEHLG Circular PD 9/82 - Development Control Page 17 of 17 • EOLAS S.R. 6:1991 Septic Tank Systems – Recommendations for Domestic Effluent Treatment and Disposal from a Single Dwelling House • DoEHLG Circular Letter 1/92 Re S. R. 6:1991 • DoEHLG Circular Letter PD 2/92 - Planning Applications with job creation potential • DoEHLG Circular of 17/6/1993 – Regulation of development by or on behalf of State authorities and local authorities • DoEHLG Circular Letter PD 1/94 - Tree Preservation Guidelines for Planning Authorities • DoEHLG Circular PD 3/94 - Proprietary Waste Water Treatment Systems • DoEHLG Circular Letter PD 3/95 - Availability of documents held by An Bord Pleanála / planning authorities • DoEHLG Circular Letter PD 5/96 - Controls on Forestry Development • DoEHLG Circular Letter PD 7/96 - Supreme Court Judgment in Water Pollution Case • DoEHLG Circular PD 3/97 - Local Government (Planning and Development) Regulations, 1997 (S. I. No. 78 of 1997) • DoEHLG Circular Letter PD 5/97 -Changes to the Planning Regulations as a consequence of the Waste Management (Licensing) Regulations • DoEHLG Circular Letter PD 4/98 - Residential Density • DoEHLG Circular 1/99 - Environmental Impact Assessment – Directive 97/11/EC • DoEHLG Circular PD 4/99 - Environmental Impact Assessment – Directive 97/11/EC Page 18 of 18 • DoEHLG Circular PD 11/99 -Local Government (Planning and Development) (No. 2) Regulations, 1999 – Protection of Architectural Heritage • DoEHLG Circular Letter PD 4/00 - Local Government (Planning and Development) Regulations, 2000 • DoEHLG Circular PD 11/2000 - Commencement of the Planning and Development Act, 2000 – Planning and Development Regulations, 2000 • DoEHLG Circular PD 1/2001 - Retail Planning Guidelines • DoEHLG Circular Letter PD 8/01 - Local Government (Planning and Development) (Fees) (Amendment) Regulations, 2001 (S. I. No. 525 of 2001) • DoEHLG Circular Letter PD 9/01 - Local Government (Planning and Development) (Amendment) Regulations, 2001 (S. I. No. 539 of 2001) & European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2001 (S. I. No. 538 of 2001) • DoEHLG Circular Letter PD 8/2002 - Planning and Development Regulations, 2001 – further guidance • DoEHLG Circular Letter PD 11/2002 - Minister for the Environment and Local Government (Performance of Certain Functions) Act, 2002 and Planning and Development Regulations, 2001 – further guidance • DoEHLG Circular Letter PD 2/2003 - Planning and Development (Amendment) Act, 2002 • DoEHLG Circular Letter PD 4/2003 – Development Contributions • DoEHLG Circular Letter SP 5/03 Groundwater Protection and the Planning System Page 19 of 19 • DoEHLG Circular Letter BC 14/2003 - Environmental Impact Assessment (EIA) – Guidance for Consent Authorities regarding Sub-threshold Development • DoEHLG Letter of 14th October, 2003 Development Contributions in respect of Social Housing Units • DoEHLG Circular HMS 4/04 - Planning and Development Acts 2000-2002: Part V – Housing Supply, Implementation Issues • DoEHLG Circular Letter PD 2/04 - New Registration System for Quarries • DoEHLG Circular Letter SP 2/04 - Amendment of Procedures in relation to the Submission of Development Plans, Variations and Material Amendments to Development Plans, and Local Area Plans to the Minister for the Environment, Heritage and Local Government • NRA Circular 08/2004 Re: Development Control and Access to National Roads: Appeals to An Bord Pleanala, Official Policy • DoEHLG Development Control – Advice and Guidelines, October 1982 • DoEHLG Tree Preservation, Guidelines for Planning Authorities, 1994 • DoEHLG Local Government (Planning and Development) Regulations, 1995 – Notes for the guidance of planning authorities, March 1995 • Circular PD 1/2006 Taking in Charge of Housing Estates /Management Companies • SP 3/2005 Groundwater and Planning Page 20 of 20 • Circular PD 2/2003 Planning and Development Amendment Act 2002 • Circular PD 2/2004 Registration of Quarries • PD 2/2007 and NPWS 1/2007 – EIA Compliance Conditions • PD 3/2002 Major Accidents (Seveso) Directive • PD 3/2003 Public Awareness of Building Regulations • PD 3/2005 Planning and Development Regulations 2005: Off licences, Peat Extraction, Aarhus Directive • PD 3/2006 Launch of Strategic Infrastructure Bill • PD 3/2007 Planning and Development Regulations 2007 (S.I 83 of 2007) Exemptions for Microrenewables • PD 4/2004 Draft Wind Energy Development Guidelines • PD 4/2006 Wind Energy Development Guidelines • PD 4/2007 Planning and Development (No 2) Regulations 2007 (S.I 135 of 2007) • PD 5/2002 Development on the Foreshore • PD 5/2006 Management Companies and Planning Conditions • PD 6/2003 Draft Planning Guidelines on Control of Quarries • PD 6/2006 Wind Energy Development Guidelines • Development Contribution Scheme - Planning Authorities Circular PD5/2007 • PD 6/2007 Meeting Administrators Record, Planning and Development (Strategic Infrastructure Act) 2006 • PD 7/2003 Planning Guidelines on Architectural Heritage Protection for Places of Worship • PD 7/2007 High Court Judgement on Further Information Page 21 of 21 Transportation Provision of roads network • Preparation of five years roads plan • Circular No: R.W. 7/96 as amended Design of roads network Guidelines for roads standards laid down by An Foras Forbatha: • RT 180 Alignments • RT 181 Junctions • RT 182 Aesthetics • Barbour Index Land acquisition • Compulsory purchase order procedure Implementation of environmental impact assessment • S.50 & S.51 of Roads Act, 1993 • Environment Assessment Regulations, 1994 • Part V of Roads Regulations, 1994 (S.I. No. 119/94) • Planning and Development Act Public procurement guidelines 1994 edition (green book) • E.U. Directive 2004/17/EC Utilities Sector • E.U. Directive 2004/18/EC Public Sector • E.U. Directive 2001/78/EC (OJEU Notices) • Department of the Environment Circular BC/198 Page 22 of 22 • Department of Local Government and National Road Authority Procurement Policy • DoEHLG and National Roads Authority Procurement Policy Supervision of roads scheme To ensure schemes are carried out to standard Standards for road works – maintenance and improvements • Department of Environment, specification for road works • Department of Environment, specifications for surface dressing • Road Traffic (Signs) Regulations, 1997 – SI No. 181 • Traffic signs manual Declaration of roads to be public roads • S.11 Roads Act, 1993 • Roads Regulations 1994 – Part 2 • S.I. No. 119 of 1994 • S.I. No. 197 of 1993 Public lighting • S.2 of Roads Act, 1993 • In accordance with standards as laid down by the E.S.B. Control of roads network Temporary closure of roads • S.75 of Roads Act, 1993 • Part VIII of Roads Regulations, 1994 Page 23 of 23 • S.I. No. 119 of 1994 Abandonment of road • S.12 of Roads of 1993 Road opening licence • S.13 of Roads Act, 1993 Vehicle permits • Article 17, Roads Traffic (Construction, Equipment and use of Vehicles) Regulations, 1963 Damage to public roads • Land owners and the Roads Act – a guide • S. 13 Roads Act, 1993 Hedgecutting • Section 70 Roads Act, 1993 • Landowners and the Roads Act – A Guide Unauthorised signs, caravans, vehicles on public roads • S.71 Roads Act, 1993 Traffic management • Part VI Road Traffic Act, 1994 • Road Traffic (Traffic and Parking) Regulations, 1997 • S.I. No. 182 of 1997 • Road Traffic (Immobilisation of Vehicles) Regulations, 1998 • Road Traffic (Traffic and Parking) (Amendment) Regulations, 1998 Page 24 of 24 • Road Traffic (Signs) (Amendment) Regulations, 1998 • Guidance Notes on Road Traffic (Traffic and Parking) Regulations 1997 Speed limit bye-laws • Part V of Road Traffic Act, 1994 • Road Traffic (Traffic and Parking) Regulations, 1997 • S.I. No. 182 of 1997 Promotion of road safety Road safety officer School warden service • Road Traffic Regulations, 1975-1990 • Junior School Warden Scheme – S.96 Road Traffic Act, 1961 • A guide to organisation, training and operation of the Junior School Warden Service – National Safety Council Co-ordination of road safety committee • D.O.E. Circular Letter TC/4/96 Determination of low-cost accident measures • N.R.A. Circular Letter 28/2/94 • Annual Allocation School flashing lights • S. 95 Road Traffic Act, 1961 Pedestrian crossings • D.O.E. Circular Letter DC2/86 Page 25 of 25 • D.O.E. Circular Letter DC1/91 Traffic calming measures • S 38 Road Traffic Act, 1994 Community involvement Community roadworks scheme • Circular Letter RW/7/96 • Circular Letter RW/7/96 • Community Roadworks Scheme Booklet Local improvement scheme • Department memorandum 1997-1999 • Local Government Act 2001 Legislation • Local Government (Ireland) Act 1898 • Local Government Act 1925 • Local Government (No 2) Act 1960 • Housing Act 1966 • Roads Act 1993 • Road Traffic Acts 1961, 1968, 1994, 2002, 2004 • Drainage Maintenance Act 1924 • Arterial Drainage Acts 1925 & 1945 • Local Authority Works Act 1949 • Local Government Act 1955 • Local Government (Roads & Drainage) Act 1968 Page 26 of 26 • Dublin Transport Authorities (Dissolution) Act 1987 • Roads (Amendment) Act 1998 • Local Government (Planning & Development) Act 2000 • Local Government Act 2001 • Road Traffic Regulations • Roads Regulations Environment and water services directorate Our overall objective is to improve, preserve and enhance the environment in the interests of the present and future generations. We wish to ensure effective environmental protection goes hand in hand with truly sustainable development. A high quality environment is essential for a good quality of life. Our aims are to: • Provide first class drinking water quality for all consumers, and protect and improve water resources. • Promote the development of the water services infrastructure, through the water services investment and rural water programmes. • Provide new and updated waste water facilities in towns and villages throughout Co. Clare. • Oversee finalisation of river basin management plans and implementation, to comply with the requirements of the European Water Framework Directive to ensure that all water bodies in the county retain or achieve good quality status. Page 27 of 27 • Manage waste in accordance with the objectives of the regional waste management plan: diversion of organic waste, and for segregation, re-use, composting, recycling, and safe disposal of all waste. • Promote the minimisation and prevention of waste and breaking the link between economic growth and waste production. • Promote environmental awareness among the general public, school children and interest groups using all available media of communication. • Promote a litter-free culture. • Implement national and local climate change strategies • Conserve our natural environment and heritage • Ensure integration of environmental considerations into economic and sectoral policies; and to ensure that environmental impacts are given due consideration in all activities. Comply with all relevant environmental and water legislation and standards, and to ensure effective implementation of our regulatory, licensing and enforcement functions. Water services The water services section within Clare County Council provide a number of services to the public:• Provision of water supply and waste water schemes • Provision of water supply and waste water schemes acquisition of wayleaves • Catchment based water management Page 28 of 28 • Water services pricing • Operation and maintenance of water supply schemes • Operation and maintenance of waste water schemes • Water quality (drinking water) • Water conservation • Connections to public water supply and waste water schemes • Group and rural water and waste water schemes • Provision and maintenance of public conveniences Operation and maintenance - description Each county council is responsible for the operation and maintenance of public water supply and waste water schemes in their geographical area of responsibility. The operation and maintenance of the public water and waste water schemes in the local authority area is financed from the council’s own resources. The maintenance of the schemes is carried out by council staff. Legislation • Public Health (Ireland) Act, 1878 S. 61 to S. 79 • Public Health (Amendment) Act, 1890 • Water Supplies Act, 1942 • Local Government (Sanitary Services) Act, 1948 • Health (Fluoridation of Water Supplies) Act, 1960 • Local Government (Sanitary Services) Act, 1962 • Local Government (Sanitary Services) Act, 1964 • Local Government Act, 2001 – Part 9, Chapter 5 Page 29 of 29 • Water Services Act, 2007 (No. 30 of 2007) Regulations • EU (Drinking Water) Regulations, 2000 • European Communities (Drinking Water) Regulations 2007 S.I. 106/2007 • European Communities (Drinking Water) (No. 2) Regulations 2007 (S.I. No. 278 of 2007) Guidelines and circulars • Department of Environment, Heritage and Local Government (DOEHLG) Circular L 4/00 Application of the Polluter Pays Principle – A Framework for Water Pricing • DOEHLG Circular L 16/00 Water and Waste Water Pricing – Roll Out of Policy on Capital and Operational Cost Recovery • DOEHLG Circular L 11/01 Water Services Pricing Policy – Revised Procedures for Determination/Agreement of NonDomestic Marginal Capital Costs under Water Services Investment Programme • DOEHLG Circular L 4/02 (WSP) Implementation of Water Services Pricing Policy – Model Water and Wastewater Agreements and General Guidance • DOEHLG Circular L 6/02 (WSP) Implementation of Water Services Pricing Policy – General Guidance and Information Sheets • DOEHLG Circular L 14/02 (WSP) Water Services Pricing Policy Implementation Non Domestic Metering Programme • DOEHLG Circular L 3/03 (WSP) Water Services Pricing Policy Implementation. Non Domestic Metering – Notes for Guidance (Issue 2) Page 30 of 30 • DOEHLG Circular L 8/04 (WSP) Water Services Pricing Policy Implementation. Non Domestic Metering – Notes for Guidance (Issue 3) Drinking water quality and standards - description Water authorities are required to ensure that all drinking water meets stringent quality standards in respect of a series of physical, chemical, toxic and microbiological parameters. Testing is carried out systematically by local authorities to ensure a pure and safe supply of water. Independent testing is also carried out by the Environmental Protection Agency and local Health Board. Legislation • S. 67 of the Public Health (Ireland) Act, 1878 • Public Health Acts Amendment Act, 1890 • Local Government (Sanitary Services) Act, 1948 • Health (Fluoridation of Water Supplies) Act, 1960 • Local Government (Sanitary Services) Act, 1962 • S. 58 and S. 68 of the Environmental Protection Agency Act, 1992 • Local Government Act, 2001 – Part 9, Chapter 5 • Water Services Act, 2007 (No. 30 of 2007) • Local Government (Water Pollution) Acts 1977-1990 EU directives • EC Directive 75/440/EEC – 16/06/75 Surface Water • EC Directive 79/869/EEC – 09/10/79 Surface Water • EC Directive 80/778/EEC – 15/07/80 relating to the quality of water intended for human consumption (Drinking Water) Page 31 of 31 • EC Directive 86/278/EEC – 12/06/86 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture • EU Directive 98/83/EC – 03/11/98 relating to the quality of water intended for human consumption (Drinking Water) • EU Directive 2000/60/EC – 23/10/2000 on the assessment and management of flood risks Regulations • Health (Fluoridation of Water Supplies) Act, 1971 • S. I. No. 81 of 1988 European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 • S. I. No. 294 of 1989 European Communities (Quality of Surface Water Intended for the Abstraction of Drinking Water) Regulations, 1989 • Quality of Bathing Waters Regulations, 1992 (S.I. No. 155 of 1992) (as amended by the Quality of Bathing Waters (Amendment) Regulations, 1994 [S.I. No. 145 of 1994] and the Quality of Bathing Waters (Amendment) Regulations, 1996 [S.I. No. 230 of 1996]) It should be noted that the Quality of Bathing Waters Regulations, 1992 (S.I. No. 155 of 1992) are revoked with effect from 31 December 2014 by the Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008) • Waste Management (Use of Sewage Sludge in Agriculture) Regulations, 1998 • Waste Management (Amendment of Waste Management Act, 1996) Regulations, 1998 • S. I. No. 148 of 1998 European Communities (Use of Sewage Sludge in Agriculture) Regulations, 1998 Page 32 of 32 • S. I. No. 177 of 2000 European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 2000 • S. I. No. 439 of 2000 European Communities (Drinking Water) Regulations, 2000 • Water Quality (Dangerous Substances) Regulations, 2001 • S. I. No. 259 of 2003 European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 2003 • European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003) (as amended by the European Communities (Water Policy) (Amendment) Regulations 2005 [S.I. No. 413 of 2005]) • European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations, 2006 (S.I. No. 74 of 2006) • European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 (S.I. No. 378 of 2006) • Fluoridation of Water Supplies Regulations 2007 (S.I. No. 42 of 2007) • European Communities (Drinking Water) Regulations 2007 S.I. 106/2007 • European Communities (Drinking Water) (No. 2) Regulations 2007 (S.I. No. 278 of 2007) Guidelines and circulars • DOEHLG Circular Letter L 4/86 Guidelines for Emergency Planning to Protect Water Resources Page 33 of 33 • DOEHLG Circulars L 6/88 and L 13/88 European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 • DOEHLG Circular L 10/88 EC Directive 86/278/EEC of 12 June 1986 on the protection of the Environment and, in particular of the soil, when sewage sludge is used in agriculture • DOEHLG Circular Letter L 1/89 Group Water Schemes / European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 • DOEHLG Circular L 6/89 Aluminium levels in Water Supplies • DOEHLG Circulars L 12/89 and L 4/90 A Handbook on Implementation for Sanitary Authorities of the European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 • DOEHLG Circular L 17/89 European Communities (Quality of Surface Water Intended for the Abstraction of Drinking Water) Regulations, 1989 • DOEHLG Circular L 2/90 Environment Action Programme – Aquaculture in inland Waters • DOEHLG Memorandum on Drinking Water Quality Monitoring Returns, January 1991 EPA Annual Reports on the Quality of Drinking Water in Ireland • DOEHLG Circular L 1/91 A Handbook on Implementation for Sanitary Authorities of The European Communities (Quality of Surface Water Intended for the Abstraction of Drinking Water) Regulations, 1989 • DOEHLG Circular L 8/91 European Communities (Use of Sewage Sludge in Agriculture) Regulations, 1991 Page 34 of 34 • DOEHLG Protection of Drinking Water Supplies – Guidelines for Local Authorities, December 1992 • DOEHLG Circular Letters L 14/92 and L 9/96 Protection of Drinking Water Supplies – Guidelines for Local Authorities • DOEHLG Circular L 15/92 The Quality of Drinking Water in Ireland – Reports for the year 1990 • DOEHLG Circular L 8/93 The Quality of Drinking Water – Report for 1991 • DOEHLG Circular L 2/94 Action Plans for the protection of drinking water supplies • DOEHLG Circular L 3/94 Lead in Drinking Water • DOEHLG Circular Letter L 9/96 Protection of Drinking Water Supplies • DOEHLG Circular L 12/96 Fluoridation of Public Water Supplies • DOEHLG Protection of Drinking Water Supplies – Guidelines for Local Authorities on Minimizing the Risk of Cryptosporidium in Water Supplies, July 1998 • DOEHLG Circular L 7/98 Protection of Drinking Water Supplies against contamination from Cryptosporidium • DOEHLG Circular WQ 2/00 European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 2000 (S. I. No. 177 of 2000) • DOEHLG Circular WQ 1/01 Water Quality (Dangerous Substances) Regulations 2001 (S.I. No. 12 of 2001) • DOEHLG Circular WQ 1/02 EPA Report on the Quality of Drinking Water in Ireland 2000 Page 35 of 35 • DOEHLG Circular Letter WQ 2/02 Re: Naturally Occurring Uranium and Drinking Water • DOEHLG Circular L 1/03 Drinking Water National Monitoring Programme • DOEHLG Circular Letter WQ 2/03 European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 2003 (S. I. No. 259 of 2003) • DOEHLG Circular L6/06 Protection of Drinking Water Supplies • DOEHLG Circular Letter: WSP4/07 Drinking Water Monitoring Report 2006 • DOEHLG Circular Letter: WSP 7/07 European Communities (Drinking Water) (No.2) Regulations 2007 • DOEHLG Circular Letter: WSP 8/07 Implementation of the European Communities (Drinking Water) (No. 2) Regulations 2007 • DOEHLG Circular L4/09 Drinking Water Incident Response Plans Waste water standards - description Local authorities are responsible for the operation and maintenance of public waste water schemes in its area. Under the EU Directive on Waste Water, local authorities must treat wastewater to a certain standard. The council has embodied the objectives set by the Directive in its Water Services Improvement Programmes throughout the county. The operation and maintenance of the public waste water supply schemes is financed from the council’s own resources. Page 36 of 36 Legislation • S. 15 to S. 34 of the Public Health (Ireland) Act, 1878 • Public Health Acts Amendment Act, 1890 • Local Government (Sanitary Services) Act, 1948 • Local Government (Sanitary Services) Act, 1962 • Local Government (Sanitary Services) Act, 1964 • Local Government Act, 2001 – Part 9, Chapter 5 • Water Services Act, 2007 (No. 30 of 2007) EU directives • EC Directive 79/323/EEC – 30/10/79 Quality Requirements for Shellfish Waters • EC Directive 86/278/EEC – 12/06/86 on the protection of the environment, and in • particular of the soil, when sewage sludge is used in agriculture • EC Directive 91/271/EEC – 21/05/91 Urban Wastewater Treatment • EC Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs • EU Directive 98/15/EC – 27/02/98 (including Corrigendum of 2 June 1999) amending Directive 91/271/EEC • Directive 2006/121/EC amending Council Directive 67/548/EEC provisions relating to the classification, packaging and labeling of dangerous substances Page 37 of 37 Regulations • S. I. No. 84 of 1988 European Communities (Quality of Bathing Waters) Regulations, 1988 • European Communities (Quality of Bathing Waters) Regulations, 1989 • S. I. No. 293 of 1988 European Communities (Quality of Salmonid Waters) Regulations, 1988 • S. I. No. 155 of 1992 European Communities (Quality of Bathing Waters) Regulations, 1992 • S. I. No. 145 of 1994 European Communities (Quality of Bathing Waters) (Amendment) Regulations, 1994 • S. I. No. 200 of 1994 • S. I. No. 419 of 1994 Environmental Protection Agency Act, 1992 (Urban Waste Water Treatment) Regulations, 1994 • S. I. No. 147 of 1996 Waste Management (Use of Sewage Sludge in Agriculture) Regulations, 1996 • European Communities (Quality of Bathing Waters) Regulations, 1996 • Waste Management (Amendment of Waste Management Act, 1996) Regulations, 1998 • S. I. No. 148 of 1998 European Communities (Use of Sewage Sludge in Agriculture) Regulations, 1998 • S. I. No. 41 of 1999 Protection of Groundwater Regulations, 1999 • S. I. No. 208 of 1999 Environmental Protection Agency Act, 1992 (Urban Waste Water Treatment) (Amendment) Regulations, 1999 Page 38 of 38 • Water Quality (Dangerous Substances) Regulations, 2001 (S.I. No. 12 of 2001) • Urban Waste Water Treatment Regulations, 2001 (S.I. No. 254 of 2001) (as amended by the Urban Waste Water Treatment (Amendment) Regulations 2004 - S.I No. 440 of 2004) • European Communities (waste water treatment) (prevention of odour and noise) Regulations 2005 S.I 787/2005 • Waste Water Discharge (Authorisation) Regulations, 2007 (S.I. No. 684 of 2007) • Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008) • Sea Pollution (Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2008 (No. 281 of 2008) • Sea Pollution (Prevention of Pollution by Sewage from Ships) (Amendment) (No. 2) Regulations 2008 (No. 372 of 2008) • Water Services Act 2007 (Waste Water Complaint Notice Form) Regulations (No. 141 of 2009) • European Communities (Quality of Shellfish Waters) (Amendment) (No.2) Regulations 2009 (S.I. No. 464 of 2009) • Urban Waste Water Treatment (Amendment) Regulations 2010 (No. 048 of 2010) • Waste Water Discharge (Authorisation) (Amendment) Regulations (S.I. No. 231 of 2010) Guidelines and circulars • DOEHLG Circular L 10/88 - EC Directive 86/278/EEC of 12 June 1986 on the protection of the environment and, in Page 39 of 39 particular, of the soil when sewage sludge is used in agriculture • DOEHLG Circular L 8/91 - European Communities (Use of Sewage Sludge in Agriculture) Regulations, 1991 • DOEHLG Circular L 6/94 - Strategy Study on Options for Treatment and Disposal of Sewage Sludge in Ireland • DOEHLG Circular L 13/97 - Sludge Register • DOEHLG Circular L 16/97 - Inventory on Non-Hazardous Sludges in Ireland • DOEHLG Circular WQ 7/99 - Environmental Protection Agency Act, 1992 (Urban Waste Water Treatment) (Amendment) Regulations, 1999 • DOEHLG Circular L 9/99 - Sludge Management • DOEHLG Circular L 13/99 - Sludge Management • DOEHLG Circular L 4/00 - Application of the Polluter Pays Principle – A Framework for Water Pricing • DOEHLG Circular L 16/00 - Water and Waste Water Pricing – Roll Out of Policy on Capital and Operational Cost Recovery • DOEHLG Letter ref: WQ 03/01 - Urban Waste Water Treatment Regulations, 2001 • DOEHLG Circular L11/01 - Water Services Pricing Policy – Revised Procedures for Determination/Agreement of NonDomestic Marginal Capital Costs under Water Services Investment Programme • DOEHLG Circular L 4/02 (WSP) - Implementation of Water Services Pricing Policy – Model Water and Wastewater Agreements and General Guidance Page 40 of 40 • DOEHLG Circular L 6/02 (WSP) - Implementation of Water Services Pricing Policy – General Guidance and Information Sheets • DOEHLG Circular L 14/02 (WSP) - Water Services Pricing Policy Implementation Non Domestic Metering Programme • DOEHLG Circular L 3/03 (WSP) - Water Services Pricing Policy Implementation. Non Domestic Metering – Notes for Guidance (Issue 2) • DOEHLG Circular L8/04 (WSP) - Water Services Pricing Policy Implementation. Non Domestic Metering – Notes for Guidance (Issue 3) Connections to public water and wastewater mains description Any person wishing to connect premises to the council’s water mains or Wastewater System must apply for permission to do so. The council may serve a notice on the owner of any premises which is not satisfactorily serviced, and which is not more than 100 feet from a waterman or sewer, as the case may be, requiring him/her to lay a pipe connecting the premises to the public system. Legislation • Waterworks Clauses Act, 1847 • S. 67 of the Public Health (Ireland) Act, 1878 • S. 18 of the Public Health (Amendment) Act, 1890 • S. 8 of the Local Government (Sanitary Services) Act, 1962 • Local Government (Sanitary Services) Act, 1964 • S. 25 and the Third Schedule of the Local Government (Planning and Development) Act, 1990 Page 41 of 41 • Roads Act, 1993 • Water Services Act, 2007 (No. 30 of 2007) Water conservation - description The objective of water conservation is to reduce the overall level of water losses in water supply systems in the county, to improve the level of supply to consumers, to lower operating costs and to protect and facilitate improved management of finite water resources. Legislation • Water Services Act 2007 Regulations • S.I. No. 527/2008 — Water Conservation Regulations 2008 Guidelines and circulars • DOEHLG Circular L 7/96 Water Conservation • DOEHLG Circular L 14/97 Rural Water Programme • DOEHLG Circular L 8/98 National Water Conservation Study • Agenda 21 • EU Guidelines • DOEHLG Circular L 5/01 Roll out of the National Water Study • DOEHLG Circular L 7/01 Complete Information System Data Capture • DOEHLG Circular L9/03 National Water Conservation Programme 2003 • DOEHLG A Guidance Manual on Water Distribution Network Management and Leakage Control Page 42 of 42 • National Water Study • National Water Conservation Programme – Increased Funding Circular L6/05 • National Water Conservation - Programme of Works 2007 L6/07 • Section 56 Water Services Act 2007 – Water Conservation Guidance Circular WSP 4/09 Non domestic metering - description All properties are charged for metered water supplied for nondomestic purposes. Accounts for these metered supplies can be issued on an annual or a more regular basis the frequency of which is determined by the local authority. We also charge for nondomestic customers who have waste water connections. Legislation • Public Health (Ireland) Act, 1878 • Local Government (Sanitary Service) Act, 1962 • Local Government (Financial Provisions)(No. 2) Act, 1983 • Local Government (Financial Provisions) Act, 1997 Circular Fin 12/97 • Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 Guidelines and circulars • DOEHLG Circular L 4/00 Application of the Polluter Pays Principle – A Framework for Water Pricing • DOEHLG Circular L 16/00 Water and Waste Water Pricing – Roll Out of Policy on Capital and Operational Cost Recovery Page 43 of 43 • DOEHLG Circular L11/01 Water Services Pricing Policy – Revised Procedures for Determination / Agreement of NonDomestic Marginal Capital Costs under Water Services Investment Programme • DOEHLG Circular L14/01 Re: Implementation of Water Services Pricing Policy and Management Information Questionnaires 2000 and 2001 • DOEHLG Circular L4/02 (WSP) Re: Implementation of Water Services Pricing Policy – Model Water and Waste Water Agreements and General Guidance • DOEHLG Circular L 10/02 (WSP) Re: Water Services Pricing Policy Implementation – Non-Domestic Metering – Notes for Guidance • DOEHLG Circular L 16/02 (WSP) Water Services Pricing Policy – Consolidation of Water Services Pricing Policy Circulars • Water Services Pricing Policy: Information Sheet No. 1 – Charging Policy, February 2002 • Water Services Pricing Policy: Information Sheet No. 2 – Charges, March 2002 • Water Services Pricing Policy: Information Sheet No. 3 – Frequently Asked Questions, May 2002 • Implementation of National Water Services Pricing Policy: Water Metering – Notes for Guidance, Issue 2, February 2003 • Circular WSP8/04 dated 26th August 2004 Water Services Pricing Policy Implementation Non-Domestic Metering Programme: notes for guidance (Issue 3) Page 44 of 44 • Circular WSP 5/06 dated 21st December 2006 Water Services Pricing Policy Implementation Non-Domestic Metering Programme. Notes for Guidance (Issue 4) • Water Services Pricing policy Implementation Circular WSP2/09 Provision of new water supply and new wastewater schemes - description The procedure for the provision of a major water or sewerage scheme commences with a preliminary report, determining the need for the scheme, the potential benefits, location, estimated cost etc. Once the need for a scheme is determined, the detailed design of the scheme begins, usually by consultants. The scheme goes through a number of stages, each stage requiring approval from the Department of the Environment, Heritage and Local Government. The work is normally carried out by contractors. The council’s ongoing water and sewerage programme is funded from a combination of Exchequer Grants, EU Structural Funds and Clare County Council’s own resources. Legislation • S. 15 to S. 34 and S. 61 to S. 79 of the Public Health (Ireland) Act, 1878 • Local Government Act, 1925 • Water Supplies Act, 1942 (Acquisition of Water Rights) • Local Government (Sanitary Services) Act, 1948 • Local Government (Sanitary Services) Act, 1962 • S. 4 of the Local Government (Sanitary Services) Act, 1964 • S. 72 of the Environmental Protection Agency Act, 1992 Page 45 of 45 • Foreshore Acts 1933 - 1992 • S. 12 of the National Monuments (Amendment) Act, 1994 • Local Government Act, 2001 – Part 9, Chapter 5 • Water Services Act, 2007 (No. 30 of 2007) EU directives • Council Directive 91/271/EEC – 21/05/91 on Urban Waste Water Treatment • EC Regulation 1164/94 • Commission Regulation No. 2064/97 (Financial Management and Control Procedure reporting arrangements) • Commission Regulation EC 1685/2000 regarding eligibility of expenditure on ERDF co-financed project Regulations • S. I. No. 265 of 1945 Water Supplies (Application for Provisional Order) Regulations, 1945 • S. I. No. 349 of 1989 European Communities (Environmental Impact Assessment) Regulations, 1989 • S. I. No. 84 of 1994 European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 • S. I. No. 419 of 1994 Environmental Protection Agency Act, 1992 (Urban Waste Water Treatment) Regulations, 1994 • S. I. No. 101 of 1996 European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1996 • S. I. No. 254 of 2001 Urban Waste Water Treatment Regulations, 2001 Page 46 of 46 Guidelines and circulars • DOEHLG Circular L. 1/74 Water and Sewerage Programmes (as amended) • DOEHLG Circular Letter L 14/88 Irish Standards: Cover Note to be inserted in all Specifications for Sanitary Services Works • DOEHLG Circular Letter L 1/90 Sanitary Services Capital Programme – Environment Action Programme and New Sanitary Services Projects • DOEHLG Circular Letter L 3/90 Sanitary Services Major Schemes Programme – Development of Proposals • DOEHLG Circular Letter L 9/92 Sanitary Services Major Schemes Programme – Appointment of Consultants • DOEHLG Circular L 4/94 Water Services: Financial Arrangements 1994 • DOEHLG Circular L 5/94 Water Services: Economic and Environmental Justification of EU co-financed proposals • DOEHLG Circular L 6/94 Strategy Study on Options for the Treatment and Disposal of Sewage Sludge in Ireland • DOEHLG Circular Letter L 1/96 Public Water and Sewerage Small Schemes Programme • DOEHLG Circular L 6/96 Advance Notification by Local Authorities to the Department of Arts, Culture and the Gaeltacht of Proposed Water Services Schemes • DOEHLG Circular L 11/96 Obligations of local authorities concerning information and publicity measures in regard to the activities of the Cohesion Fund Page 47 of 47 • DOEHLG Circular L 3/97 Proposed Water Services Schemes requiring consent under the Foreshore Acts 1933 - 1992 • DOEHLG Circular L 14/97 Rural Water Programme • DOEHLG Circular L 19/97 Information and publicity measures in regard to the activities of the Cohesion Fund • DOEHLG Circular Letter L 21/97 Maintenance of Accounts and Other Records for Water Services Schemes • DOEHLG Guidelines for the Maintenance of Accounts and Other Records for Water Services Schemes (Reference: WS:G01) – December, 1997 • DOEHLG Circular L 22/97 Water and sewerage schemes providing services to land for development • DOEHLG Circular L 5/98 Serviced Land Initiative – Proposals for water and sewerage schemes • DOEHLG Circular L 11/98 Devolution of responsibility to local authorities for the approval of certain elements of capital projects within the Water Services Investment Programme • DOEHLG Circular L 4/99 Water Services Investment Programme: Post Project Review • DOEHLG Circular L 5/99 Water Services Investment Programme – The Provision of Serviced Land – Interim and Temporary Facilities • DOEHLG Circular L 8/99 Water Services Investment Programme – Operational and Maintenance Costs of Water Services Infrastructure • DOEHLG Circular L 11/99 Water Services Investment Programme – Assessment of Needs Page 48 of 48 • DOEHLG Circular L 2/2000 Water Services Investment Programme – Grouping of Small Schemes • DOEHLG Circular L 3/2000 Water Services Schemes and the Foreshore Acts, 1933 - 1992 • DOEHLG Circular L 3/01 Revision of Procedures for Approval of Schemes and Engagement of Consultants under the Water Services Investment Programme • DOEHLG Letter ref: WQ 03/01 Urban Waste Water Treatment Regulations, 2001 • DOEHLG Circular L10/01 Water Services Investment Programme – Procurement using Public Private Partnership Arrangements • DOEHLG Circular L 11/02 Procurement Procedures for the Engagement of Consultants under the Water Services Investment Programme • DOEHLG Circular L 12/02 Performance Management System for DBO and Operational Contracts in the Water Sector • DOEHLG Circular L 15/02 Increases in Expenditure on Water Services Contracts • DOEHLG Circular L 11/03 Water Services Investment Programme – Assessment of Needs • DOEHLG Circular L 18/03 Recoupment of expenditure on water services capital projects – Updated Procedures 2003 • DOEHLG Circular L7/04 Water Services DBO Contracts – Site Staff • DOEHLG Circular L9/04 Recoupment of expenditure on water services capital projects – Updated Procedures 2004 Page 49 of 49 • DOEHLG Annual Notification – Water and Sewerage Services Investment Programme • DOEHLG Circular L16/02 Water Services Pricing Policy – Consolidation of Water Services • Pricing Policy Procedures • DOEHLG Circular L1/06 dated 30th January 2006 WSIP revision of approval & recoupment procedures • DOEHLG Circular L7/06 dated 3rd November 2006 WSIP further revision of approval procedures • DOEHLG Circular L11/06 of 28th December 2006 web enable PCs for WSIP • DOEHLG Circular L12/06 of 20th December 2006 new conditions of engagement for construction. Consultants and new forms of construction contracts for public works. Implementation on water services projects • DOEHLG Circular L1/07 dated 4th January 2007 WSIP revision of serviced land initiative Programme • Water Services Investment Programme 2010-2012 (WSIP) L2/10 • DOEHLG Circulars notifying updates of CONDOC for Water Services Civil Works and Mechanical and Electrical Plant Contracts (V. 3.4 Release 7 June 2001) • DOEHLG Circulars notifying updates of CAPAC (Capital Accounting, Processing and Claiming) for water services projects (CAPAC 2 – November 2001) • DOEHLG Memorandum on Procedures – Sanitary Services Works Page 50 of 50 • DOEHLG A Policy Framework for Public Private Partnership Projects in the Water Services Sector • DOEHLG Public Private Partnerships in the Water Services Sector – Technical Note no. 1 – Appointment of Advisers • DOEHLG Public Private Partnerships in the Water Services Sector – Technical Note no. 2 – Preparing a PPP Assessment Report • WSNTG Water Services Procedures Manual • WSNTG Project Control System (PCS) for Water Services Investment Programme (WSIP) • DOEHLG Guidance Note: Model Duties for Employer’s Site Staff on Water Services DBO Contracts Assessment of needs - description The Department of the Environment Heritage and Local Government (DOEHLG) requires local authorities to prepare an updated assessment of needs for water services capital works in their areas every five years. The main purpose of the assessment is to enable a local authority to develop an overall strategic investment plan for the medium to long term and to set out a programme of works to meet the identified water services needs. The assessment of needs provides the basis for scheme approval and scheduling for implementation in the Water Services Investment Programmes, which are updated by the DOEHLG on an annual basis. In this context water services include: • drinking water treatment and distribution • wastewater collection and disposal • stormwater management, including collection and disposal Page 51 of 51 Guidelines and circulars • Department Circular Letters • DOEHLG Circular L1/94 Determination of Needs • DOEHLG Circular L9/98 of 22/10/1998 Determination of Needs • DOEHLG Circular L11/03 of 26/06/2003 Determination of Needs • DOEHLG Circular L2/06 of 16/03/2006 Assessment of Needs • DOEHLG Circular L6/09 Water Services Investment Programme 2010 – 2012, Needs Assessment 2009 Water Services Investment Programme 2010 – 2012 (WSIP) – description The high level goal of the Water Services Investment Programme (WSIP) 2010 - 2012 is to ensure that the timing and scale of water services investment facilitates economic and other development, compliance with statutory requirements for drinking water and wastewater treatment and the achievement of environmental sustainability objectives. The programme for 2010 - 2012 prioritises projects that target public health and environmental compliance issues, rehabilitation of existing water supply networks and projects which support economic and employment growth Guidelines and circulars • Water Services Investment Programme 2005-2007 (WSIP) • DOEHLG Circular L2/10Water Services Investment Programme 2010-2012 (WSIP) • Water Services Investment Programme 2010-2012 (WSIP) Administrative Arrangements L4/10 Page 52 of 52 Acquisition of water rights/water abstraction - description Where the Water Services Authority propose to abstract water from a source such as a lake, they must prepare a proposal under the Water Supplies Act 1942. The proposal shall state the source of water from which the supply of water is proposed to be taken, the rate of abstractions, the locations and the levels resulting from the abstraction. It is a requirement of the county council to ascertain the persons affected by the abstractions of water and to enter in a book of reference every persons name. The making of the proposal is a reserved function of the council, and public notice is given of the making of the proposal. Where an objection is lodged following the making of the proposal, the council must apply to the Minister for the Environment and Local Government, for a provisional order declaring that such a proposal may come into force. Legislation • Water Supplies Act 1942 Regulations • Water Supplies Act 1942 as altered by acts up to S.I. No. 139-2009 – Water Services Act 2007 (Commencement) Order 2009 • County Management (Reserved Functions) Order 1948 S.I 45/1948 Land acquisition/way leaves - description Local Authorities, in progressing a major water or sewerage scheme, may need to acquire wayleaves. The wayleave is acquired by giving “reasonable notice” to the owner or occupier of the relevant land and paying the necessary compensation. A Water Services Authority, where it considers that wayleave consent is Page 53 of 53 unreasonably withheld, may appeal to An Bord Pleanála for determination of the matter. Legislation • S. 202 / 203 of the Public Health (Ireland) Act, 1878 • Water Supplies Act, 1942 • Local Government Act 2001 • S. 213 of the Planning and Development Act, 2000 • Planning & Development (Amendment) Act, 2002 • Planning & Development (Strategic Infrastructure) Act, 2006 Regulations • Water Supplies (Application for Provisional Order) Regulations, 1945 – SI No. 265 of 1945 • S.I. No. 97/1961 — Local Government (No. 2) Act, 1960 (Acquisition of Land Regulations) Order, 1961 • Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 2001. S.I. No. 320 of 2001 Guidelines and circulars • DOEHLG Circular L 1/01 - Acquisition of Wayleaves • DOEHLG Circular L 15/03 (WSP) - Consent to run pipes through private land • WSIP- Serviced Land Initiative Circular L3/09 Contract documents and tendering - description Local authorities are subject to national and EU public procurement policy. Public sector tendering procedures are designed to ensure Page 54 of 54 transparency and accountability in the placing of public contracts funded from local, national and EU revenue. Contracts are usually advertised in the national press. EU Directives set out the thresholds in respect of service contracts, supplies contracts, works contracts and utilities contracts. If contracts exceed the stated threshold the contract must be advertised in the Official Journal of the European Communities (OJEC). Prior Indicative Notices (PIN) may be required and this can reduce the length of the required tender period. Tendering may be carried out using open tender procedures (open advertisement), Restricted Tender procedures (selected contractors invited to tender) or negotiated tender (negotiation with individual contractor). Tenders may not necessarily be awarded to the lowest tenderer – the most economically advantageous tender may be successful. Legislation • S. 229 of the Local Government Act, 2001 EU Directives • 89/106/EEC - Construction Products Directive (CPD) • 89/665/EEC - Public Remedies / Compliance Directive • 92/13/EEC - Utilities Remedies Directive • 92/50/EEC - Public Services Directive (as amended by 97/52/EEC) • 93/36/EEC - Public Supplies Directive • 93/37 EEC - Public Works Directive (as amended by 97/52/EEC) • 93/38/EEC - Utilities Directive (as amended by 98/4/EEC) Page 55 of 55 • 97/52/EC - Coordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively • Commission Directive 2001/78/EC – 13/9/2001 (Directive on the use of standard forms in the publication of public contract notices) • Directive 2004/17/EC of 31st March 2004 • Directive 2004/18/EC of 31st March 2004 Regulations • S. I. 36/92 and S. I. 293/94 (Public Works Directive) • S. I. 37/92 and S. I. 292/94 (Public Supplies Directive) • S. I. (38/92; 5/94 and) 309/94 (Public Remedies / Compliance Directive) • S. I. (103/93 and) 51/95 (Utilities Directive) • S. I. (104/93 and) 51/95 (Utilities Remedies Directive) • S. I. 173/93 (Public Services Directive) • S. I. No. 198 of 1992 European Communities (Construction Products) Regulations, 1992 • S.I. 173/93 (Public Services Directive) • S. I. No. 210 of 1994 European Communities (Construction Products) (Amendment) Regulations, 1994 • S.I. 36/92 and S.I. 293/94 (Public Works Directive) • S.I. (38/92; 5/94 and) 309/94 (Public Remedies / Compliance Directive) • S.I. (103/93 and) 51/95 (Utilities Directive) • S.I. (104/93 and) 51/95 (Utilities Remedies Directive) Page 56 of 56 • S. I. No. 378 of 1998 European Communities (Award of Public Service Contracts) Regulations, 1998 • S. I. No. 379 of 1998 European Communities (Award of Public Supply Contracts) (Amendment) Regulations, 1998 • S. I. No. 380 of 1998 European Communities (Award of Public Works Contracts) (Amendment) Regulations, 1998 • EC (Award of Public Authorities Contracts) Regulations 2006 S.I. 329/2006 • EC (Award of Contracts by utility undertakings) Regulations 2007 S.I No. 50 of 2007 Guidelines and circulars • DOEHLG Circular BC 5/87 Procedures for the engagement of Consultants and Settlement of Fees in Public Construction Contracts (incorporating Department of Finance Circular 11/87) • DOEHLG Circular Letter L 3/90 Sanitary Services Major Schemes Programme – Development of Proposals • DOEHLG Circular BC 7/90 Council Directive 89/440/EEC enclosing a copy of the directive • DOEHLG Circular BC 9/90 Council Directive 89/440/EEC concerning co-ordination of procedures for the award of public works contracts • DOEHLG Circular BC 4/91 Publication of Contract Notices in the OJEC • DOEHLG Circular BC 1/92 Prior Indicative Notices • DOEHLG Circular BC 2/92 Standardisation of Contract Notices in the OJEC Page 57 of 57 • DOEHLG Circular BC 3/92 Public Procurement Contract Award or Post Award Notices • DOEHLG Circular BC 5/92 Council Directive 89/665/EEC on the application of review procedures to the award of public supply and public works contracts • DOEHLG Circular BC 13/92 Compliance with the rules in the publication of tender notices in the OJEC • DOEHLG Circular Letter L 9/92 Sanitary Services Major Schemes Programme – Appointment of Consultants • DOEHLG Circular BC 7/93 Council Directive 92/50/EEC relating to the co-ordination of procedures for the award of public service contracts • DOEHLG Circular BC 9/93 Revision of procedures for the Engagement of Consultants • DOEHLG Circular BC 4/94 EU Directives on Public Procurement • DOEHLG Circular BC 7/94 Public Procurement Guide (1994 edition) • DOEHLG Circular BC 5/95 Tax Clearance Procedures for Public Sector Contracts (replaces BC 1/91 and BC 11/94 withdrawn) • DOEHLG Circular BC 5/96 GCC Guidance Notes in Infringement Procedures • DOEHLG Circular BC 9/98 Remedies Directive • DOEHLG Circular BC 13/98 Public Procurement – EU Amending Directive 97/52/EC – Option for Tender Quotations / Payments in Euro Page 58 of 58 • DOEHLG Circular Letter BC 11/2000 Third Party Certification of Standard of Re-Enforcing Steel Bars • DOEHLG Circular BC 1/2001 Report of the Strategic Review Committee (SRC) on the Construction Industry ("Building our Future Together" – 1997) : Implementation of the SRC Procurement Recommendations – Public Funded Construction Projects • DOEHLG Circular BC 2/2001 Evaluation of Tenders – Most Economically Advantageous Tender Criteria • DOEHLG Circular L 3/01 Revision of Procedures for Approval of Schemes and Engagement of Consultants under the Water Services Investment Programme • DOEHLG Circular HS 4/01 Procurement Procedures for the appointment of consultants to assist in the preparation of Housing Strategies under Part V of the Planning and Development Act • DOEHLG Circular BC: 11/2001 Construction Tender Quotations / Payments in Euro only • DOEHLG Circular VHU 04/01 Competitive tendering procedures for construction contracts in voluntary housing projects • DOEHLG Circular BC 21/2001 Tax Clearance Procedures • Dept. of Finance Circular Letter of 13 May 2002 DIRECTIVE 2001/78/EC New Standard Forms for publication of notices for contracts placed by public bodies and by entities operating in the Utilities sector • DOEHLG Circular Letter BC 9/2002 New European Standard for Cement Page 59 of 59 • DOEHLG Circular PD 10/02 Public Works Contracts – EU Directive 93/37/EEC: Court of Justice of the European Communities Judgement of 12 July, 2001 – Case C – 399/98 – Project “Scala 2001”: Implications for local authorities – Planning and Development Act 2000 • DOEHLG Circular Letter: B.C. 8/2002 Construction Products: Transition from National Standards to European Harmonised Standards for the purposes of (1) Building Regulations; and (2) Public Procurement of Construction Products / Projects • DOEHLG Circular BC 1/2003 Public Procurement Guidelines – Engagement of Consultants – Clarification • DOEHLG Circular Letter BC 5/2003 Contractor Membership of Pension / Sick Pay Scheme Condition for Award of Public Works Contracts • DOEHLG Circular BC 7/2003 “Procedural Arrangements for Implementation of the Procurement Recommendations of the Strategic Review Committee on the Construction Industry applicable to Construction projects with effect from 31 March, 2001” (February, 2001) • DOEHLG Circular BC 10/2003 Architectural Design Competitions – Eligibility • DOEHLG Circular IPPP 3/03 Revision to the Standard Rules of Measurement for Building Work • DOEHLG Circular IPPP 05/03 Modernising Public Procurement – A Strategy for the Local Government Sector • DOEHLG Circular L7/04 Water Services DBO Contracts – Site Staff Page 60 of 60 • DOEHLG Circulars notifying updates of CONDOC for Water Services Civil Works and Mechanical and Electrical Plant Contracts (V. 3.4 Release 7 June 2001) • Circular 33/06 Construction Procurement Reform-revision of arrangements for the procurement of public works projects and for the engagement and payment of construction consultants • Circular 04/08 Construction Procurement Reform • DOEHLG Periodic Circulars notifying revised threshold values for contracts which must be published in the OJEC • DOEHLG Memorandum on the provision of houses by local authorities (N7/92) • Public Procurement (1994 Edition) • Procedural Arrangements for Implementation of 26 Recommendations of the Strategic Review of the Construction Industry applicable to Public Funded Construction Contracts with effect from 31 March, 2001 – Department of Finance, December 2000 • DOEHLG Explanatory Memorandum – Transition from National Standards to Harmonised European Technical Specifications / Standards (Construction Products), August 2002 • DOEHLG Guidance Note: Model Duties for Employer’s Site Staff on Water Services DBO Contracts • National public Procurement Guidelines Competitive Process 2004 (Supplies & Services) Conditions of engagement for construction consultant’s guidance notes 16 & 17 – appointment of consultants for construction related services Page 61 of 61 • Building works designed by the employer • Building works designed by the contractor • Civil engineering works designed by the employer • Civil engineering works designed by the contractor • Minor civil engineering and building works designed by employer Rural water and group schemes section - description A group of two or more householders can get together to provide themselves with a water supply or waste water facilities where no such supply or facilities already exist. Grants are available from the council for group schemes. The council also assists with the design and supervision of these schemes. These schemes are administered under the rural water programme. A subsidy is available from the council to group water schemes towards the operational cost of supplying water for domestic use. This facility is payable to both privately sourced and publicly sourced group schemes. Terms and conditions apply. Also, grants are available from the council to assist with the provision or upgrading of a water supply to a house. Legislation • S. 26 of the Local Government (Sanitary Services) Act, 1948 • Health (Fluoridation of Water Supplies) Act, 1960 • Local Government (Sanitary Services) Act, 1962 • S. 5 of the Housing (Miscellaneous Provisions) Act, 1979 Page 62 of 62 EU directives • EC Directive 80/778/EEC – 15/07/80 relating to the quality of water intended for human consumption (as amended by 81/858/EEC, 90/656/EEC and 91/692/EEC) (Drinking Water) • Council Directive 98/83/EC – 03/11/98 relating to the quality of water intended for human consumption (Drinking Water) • EU Directive 2000/60/EC – 23/10/2000 Regulations • S. I. No. 81 of 1988 European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 • S. I. No. 177 of 2000 European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 2000 • S. I. No. 439 of 2000 European Communities (Drinking Water) Regulations, 2000 • S. I. No. 259 of 2003 European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 2003 Guidelines and circulars • DOEHLG Circular Letter L 1/89 Group Water Schemes / European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 • DOEHLG Circular L 2/94 Action plans for the protection of drinking water supplies • DOEHLG Circular Letter L 1/96 Public Water and Sewerage Small Schemes Programme, 1996 Page 63 of 63 • DOEHLG Circular Letter 5/96 Group Sewerage Schemes • DOEHLG Circular L 6/97 Arrangements for the devolution of responsibility for certain group and small public water and sewerage schemes to local authorities • DOEHLG Circular L 8/97 Grants for the provision or necessary improvement of an individual water supply to a house • DOEHLG Circular L 10/97 Subsidy towards the operational costs of group water schemes • DOEHLG Circular L 12/97 Rural Water Grants and Subsidies • DOEHLG Circular L 14/97 Rural Water Programme • DOEHLG Circular L 18/97 Rural Water Supplies – Allocations towards the administrative costs of local authorities • DOEHLG Circular L9/98 Implementation of Rural Water Programme • DOEHLG Circular L 10/99 Rural Water Strategic Plans • DOEHLG Circular L 10/2000 Scheme of grants for (A) the development of new group water schemes and (B) the installation of water filtration and disinfection equipment in privately sourced schemes • DOEHLG Circular L 5/01 Roll out of the National Water Study • DOEHLG Circular L 13/01 National Urban Wastewater Study • DOEHLG Circular WQ 1/02 EPA Report on the Quality of Drinking Water in Ireland 2000 • DOEHLG Circular L 17/02 Performance management System (PMS) for DBO and Operation and Maintenance Contracts for Group Water Schemes Page 64 of 64 • DOEHLG Circular L 18/02 Procurement Guidance Document for Small Water Services Schemes. Part A – Rural Water (Group Schemes) Module: Design, Build, Operate • DOEHLG Circular WQ 1/03 Quality of Drinking Water • DOEHLG Circular Letter WQ 2/03 European Communities (Quality of Water Intended for Human Consumption) (Amendment) Regulations, 2003 (S. I. No. 259 of 2003) • DOEHLG Circular L 4/04 Part 8 Planning for Group Water Scheme DBO Contracts • DOEHLG Letter of 10th March 2004 Rural Water Programme: Block Grant Allocations 2004 • DOEHLG Circular L7/04 Water Services DBO Contracts – Site Staff • DOEHLG Annual Notification of Capital Allocation • DOEHLG Annual Notification of Allocation towards the administrative costs of administering schemes relating to Rural Water Supplies • DOEHLG Protection of Drinking Water Supplies – Guidelines for Local Authorities, December 1992 • DOEHLG A Guidance Manual – Rural Water Strategic Plans • DOEHLG Explanatory Memorandum – Grant for the provision or necessary improvement of an individual water supply to a house, April 1997 • DOEHLG Explanatory Memorandum – Subsidy towards the operational costs of group water schemes, May 1997 • DOEHLG Guidance Document on the Procurement of Water Treatment Plants for Group Water Schemes Page 65 of 65 • DOEHLG Guidance Note: Model Duties for Employer’s Site Staff on Water Services DBO Contracts Taking in charge of existing group water supply scheme • Circular Letter No.L14/97 Upgrading of existing group water supply scheme • Circular Letter No. L14/97 • General conditions for group water supply scheme 2000 • GW 32 – instructions to tenderers/form of tender Construction of new group water supply scheme • Circular letter No. L14/97 • GW 3- Group Water Supply Schemes-General Information • General Conditions for Group Water Supply Scheme 2000 • Information Requirements for Group Water Supply Schemes • Design Date for Group water supply schemes • GW 32 – instructions to tenderers/form of tender Subsidies towards the operational costs of a group water supply scheme • Circular Letter No. L10/97 Provision of improvement of individual water supply to a house • Circular Letter No.L8/97 Application forms • GW1 Survey Sheet, Group Water Supply Scheme • GW 26 Wayleave Agreement Form Page 66 of 66 • GW 41 Application for State and Sanitary Authority Grants in respect of a Group Water Supply Scheme • GW41A Participants obtaining farm supplies • WG1 Application for grant for the provision or necessary Improvement of an individual water supply to a house. • WS1 Application for Annual Subsidy Payment towards the Operational costs of a group water supply scheme • WS2 Application for Advance Subsidy Payment towards the Operational costs of a group water supply scheme Provision and maintenance of public conveniences The Council maintains public conveniences in a number of locations as well as at all the major tourist resorts in the Council area. • S. 49 of the Public Health (Ireland) Act, 1878 • Public Health Acts Amendment Act, 1890 • Public Health Acts Amendment Act, 1907 • DOEHLG Circular Letter 7/89 Sanitary Conveniences Application forms available in water services section • For permission to connect to public water mains • For permission to connect to public sewerage mains • For permission to connect to a group water scheme • Discharge to Water Amenities Application Form Register Register maintained under European Communities (Waste Water Treatment) (prevention of odour and noise) Regulations 2005. Page 67 of 67 Environment Section The environment section provides a number of services to the public, • Environmental awareness and education • Environmental partnership fund • Regional waste management plan • Waste prevention & recovery • Provision and operation of waste management facilities • Litter control and street cleaning • Recycling • Beach cleaning • Water quality management • Air quality management • Control of noise emission • Renewable energy and climate change policy • Pounds • Control of horses • Control of dogs • Milk and dairies • Abattoirs & food safety • Dangerous substances • Access to information on the environment Environmental awareness and education - description • Enviro Brief Page 68 of 68 • Environmental Priming Grant – Environment & Amenity works • Environmental Priming Grant – Clean up of illegal dumps • Village Paint Scheme • Composting initiative and information • Green Schools • Spring Clean Campaign • Blue flag awareness • Anti –Litter awareness grants • Local Agenda 21 Environmental Partnership Fund Also various promotions around national environmental events, such as National Recycling Week and National Tree week. Each local authority is constantly seeking ways to promote an inclusive and integrated society and to ensure the regeneration of marginalised urban and rural communities. The county council identifies a number of areas as priorities and then grant aids community and voluntary based projects in these or related categories. In deciding to grant aid particular projects the council will favour projects which could not proceed without grant aid. The council will also favour new projects, or new elements of existing projects, in place of funding ongoing operational costs of existing projects. Legislation S. 66 and S. 67 of the Local Government Act, 2001 Page 69 of 69 Guidelines & Circulars Community & Voluntary Sector Grants Scheme for Community Based Events. Waste management Ireland is well advanced in achieving most EU waste recovery and recycling targets. However, continued effort is required to direct biodegradable waste from landfill, in order to meet the Landfill Directive targets. Regional Waste Management Plans outline the infrastructure that should be put in place to meet the needs of a growing population and economy. Clare is part of the Limerick, Clare and Kerry waste region for this purpose. See http://www.managewaste.ie/. The council takes measures to reduce waste production by encouraging the reuse of goods, the recycling of as much waste as possible, and the disposal of the remainder in the most environmentally friendly way. Legislation • Waste Management Acts, 1996-2005 • Merchant Shipping (Salvage and Wreck) Act, 1993 (No. 34 of 1993) • Waste Management Act, 1996 (No. 10 of 1996) (as amended by the Waste Management (Amendment of Waste Management Act, 1996) Regulations, 1998 [S.I. No. 146 of 1998] and the European Communities (Amendment of Waste Management Act, 1996) Regulations [S.I. No. 166 of 1998] and by article 257 of the Planning & Development Act 2000, by article 26 of the Protection of the Environment Act, 2003 and by the Waste Management (Registration of Page 70 of 70 Brokers and Dealers) Regulations 2008 [S.I. No. 113 of 2008]) • Dumping At Sea Act, 1996 • Litter Pollution Act, 1997 (No. 12 of 1997) • Waste Management (Amendment) Act, 2001 • Protection of the Environment Act 2003 • Dumping at Sea (Amendment) Act 2004 • Foreshore and Dumping at Sea (Amendment) Act 2009 EU directives • EC Directive 75/439/EEC – 16/06/75 on the disposal of waste oils (as amended by EC Directive 87/101/EEC – 22/12/86) • EC Directive 75/442/EEC – 15/07/75 on waste (as amended by EC Directive 91/156/EEC – 18/03/91) • EC Directive 91/689/EEC – 12/12 91 on hazardous waste • EU Directive 94/62//EC – 20/12/94 on packaging and packaging waste • E.C Transfrontier Shipment of Waste Regulations, 1994 • EU Directive 99/31/EC – 26/04/99 on the landfill of waste • EU Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment • EU Directive 2002/95/EC on the Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) • EU Directive 2002/95/EC 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE) Page 71 of 71 • EU Directive 2004/12/EC of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste • EU Directive 2006/12/EC on waste • Commission Regulation EC No. 1685/2000 – 28/07/2000 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999 as regards eligibility of expenditure of operations co-financed by the Structural Funds • Recommendation 2001/331/EC providing for minimum criteria for environmental inspections • Commission Regulation (EC) No. 2355/2002 – 27/12/2002 amending Commission Regulation (EC) No. 438/2001 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999 as regards the management and control systems for assistance granted under the Structural Funds • Council Regulation (EC) No. 1105/2003 – 26/05/2003 amending Regulation (EC) No. 1260/1999 laying down general provisions on the Structural Funds • Commission Regulation (EC) No. 1145/2003 – 27/06/2003 amending Regulation (EC) No. 1685/2000 as regards the rules of eligibility for co-financing by the Structural Funds • EU Directive 2006/12/EC on Waste Regulations • Waste Management (Licensing) Regulations, 1997 (S.I. 133 1997) • Waste Management (Planning) Regulations, 1997 (S.I. No. 137 of 1997) Page 72 of 72 • Waste Management (Register) Regulations, 1997 (S.I. No. 183 of 1997) • Waste Management (Movement of Hazardous Waste) Regulations, 1998 (S.I. No. 147 of 1998) • Waste Management (Use of Sewage Sludge in Agriculture) Regulations, 1998 (S.I. No. 148 of 1998)(as amended by Waste Management (Use of Sewage Sludge in Agriculture) (Amendment) Regulations, 2001 - S.I. No. 267 of 2001) • Waste Management (Packaging) (Amendment) Regulations, 1998 • Waste Management (Hazardous Waste) Regulations, 1998 (S.I. No. 163 of 1998) • Waste Management (Miscellaneous Provisions) Regulations, 1998 (S.I. No. 164 of 1998) • Litter Pollution Regulations 1999 (S.I. No. 359 of 1999) • Waste Management (Licensing) Regulations, 2000 (S.I. 185 2000) • Waste Management (Hazardous Waste) (Amendment) Regulations, 2000 • Waste Management (Farm Plastics) Regulations, 2001 (S.I. No. 341 of 2001) • Waste Management (Licensing) (Amendment) Regulations, 2001 S.I. No. 397 of 2001 • Waste Management (Collection Permit) Regulations 2001 • Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 • (S.I. 605 of 2001) Page 73 of 73 • Waste Management (Landfill Levy) Regulations 2002 (S.I No. 86 of 2002) (as amended by the Waste Management (Landfill Levy) (Amendment) Regulations 2006 - S. No.I 402 of 2006) • European Communities (Port Reception Facilities for Ship Generated Waste and Cargo Residues) Regulations 2003 (S.I. No. 117 of 2003) • Waste Management (Packaging) Regulations 2003 • Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004) • Waste Management (Packaging) (Amendment) Regulations 2004 • Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005) • Waste Management (Collection Permit) Regulations 2005 • Waste Management (Facility Permit and Registration) Regulations 2005 • Waste Management (End-of-Life Vehicles) Regulations, 2006 (S.I. No. 282 of 2006) • Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007) (as amended by the Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008)) • Waste Management (Tyres and Waste Tyres) Regulations, 2007 (S.I. No. 664 of 2007) • Waste Management (Packaging) Regulations, 2007 (S.I. No. 798 of 2007) Page 74 of 74 • Waste Management (Collection Permit) Regulations, 2007 (S.I. No. 820 of 2007) (as amended by the Waste Management (Collection Permit) (Amendment) Regulations, 2008 (S.I. No. 87 of 2008)) • Waste Management (Facility Permit and Registration) Regulations, 2007 (S.I. No. 821 of 2007) (as amended by the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008)) • Waste Management (Registration of Brokers and Dealers) Regulations, 2008 (S.I. No. 113 of 2008) • Waste Management (Landfill Levy) Order 2008 (S.I No. 168 of 2008) • Waste Management (Landfill Levy) Regulations 2008 (S.I No. 199 of 2008) • Waste Management (Batteries and Accumulators) Regulations 2008 (S.I No. 268 of 2008) • Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I No. 375 of 2008) • Waste Management (Certification of Historic Unlicensed Waste Disposal and Recovery Activity) Regulations 2008 (S.I No. 524 of 2008) • Waste Management (Batteries and Accumulators) (Amendment) Regulations 2008 (S.I No. 556 of 2008) • Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I No. 286 of 2009) • Waste Management (Landfill Levy) Order 2009 (S.I No. 496 of 2009) Page 75 of 75 • Waste Management (Food Waste) Regulations 2009 (S.I No. 508 of 2009) • Waste Management (Landfill Levy) (Amendment) Regulations 2009 (S.I No. 550 of 2009) • Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 (S.I No. 566 of 2009) • Waste Management (Landfill Levy) Order 2010 (S.I No. 013 of 2010) • Waste Management (Landfill Levy) (Amendment) Regulations 2010 (S.I No. 031 of 2010) • Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 (S.I No. 032 of 2010) • Waste Management (End-Of-Life Vehicles) (Amendment) Regulations 2010 (S.I No. 142 of 2010) • Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I No. 143 of 2010) Guidelines and circulars • DOEHLG Recycling for Ireland, Manual, 1994 • DOEHLG An Overview of the Waste Management Act, 1996 • Waste Working Group – handbook on sustainable waste management • DOEHLG Circular WM 1/98 - Making of Waste Management Plans • DOEHLG Circular WM 3/98 - New Regulations on Waste Management Page 76 of 76 • DOEHLG Circular WIR 06/03 – Protection of the Environment Act 2003 • DOEHLG Circular WIR 12/03 - Commencement of Certain Provisions of the Protection of the Environment Act 2003 • DOEHLG Circular BS 14/03 – Consent Authorities Regarding Sub-Threshold Development • DOEHLG Circular WPPR 17/08 National Strategy on Biodegradable Waste Regional waste management plan Local authorities are obliged to prepare and adopt waste management plans for their functional areas every five years. The plan addresses all aspects of the prevention, minimization, collection, recovery and disposal of non-hazardous waste. Waste management plans may be made on a joint or regional basis involving a number of local authorities. The statutory objective of these plans include: • Preventing or minimising the production and harmful nature of waste • Encouraging and supporting the recovery of waste • Ensuring that such waste as cannot be prevented or recovered is safely disposed of Legislation • Part II of the Waste Management Act, 1996 • Waste Management (Amendment) Act, 2001 • Protection of the Environment Act 2003 Page 77 of 77 EU directives • EC Directive 75/439/EEC – 16/06/75 on the disposal of waste oils (as amended by EC Directive 87/101/EEC – 22/12/86) • EC Directive 75/442/EEC – 15/07/75 on waste (as amended by EC Directive 91/156/EEC – 18/03/91) • EC Directive 91/689/EEC – 12/12 91 on hazardous waste • EU Directive 94/62//EC – 20/12/94 on packaging and packaging waste • EU Directive 99/31/EC – 26/04/99 on the landfill of waste • EU Directive 2006/12/EC on Waste Regulations • S. I. No. 137 of 1997 Waste Management (Planning) Regulations, 1997 • S.I. No. 162 of 1998 – Waste Management (Licensing)(Amendment) Regulations 1998 • S.I. No. 163 of 1998 – Waste Management (Hazardous Waste) Regulations 1998 • S. I. No. 164 of 1998 Waste Management (Miscellaneous Provisions) Regulations, 1998 • S.I. No. 165 of 1998 – Waste Management (Permit) Regulations 1998 • S.I. No. 166 of 1998 – European Communities (Amendment of Waste Management Act) 1996 • Waste Management (Packaging) (Amendment) Regulations, 1998 Page 78 of 78 • Draft Waste Management (Permit) (Amendment) Regulations, 2000 • S.I. No. 185 0f 2000 - Waste Management (Licensing) Regulations, 2000 • Waste Management (Hazardous Waste) (Amendment) Regulations, 2000 • S. I. No. 341 of 2001 Waste Management (Farm Plastics) Regulations, 2001 • S. I. No. 390 of 2001 - Waste Management (Prescribed Date) Regulations, 2001 • S. I. No. 397 of 2001 - Waste Management (Licensing)(Amendment) Regulations, 2001 • S. I. No. 605 of 2001 Waste Management (Environmental Levy)(Plastic Bag) Regulations, 2001 • S. I. No. 86 of 2002 Waste Management (Landfill Levy) Regulations, 2002 • S. I. No. 336 of 2002 - Waste Management (Licensing)(Amendment) Regulations, 2002 • S. I. No. 61 of 2003 - Waste Management (Packaging) Regulations, 2003 • S. I. No. 395 of 2004 - Waste Management (Licensing) Regulations, 2004 • S.I. No. 871 of 2004 Waste Management (Packaging) Regulations, 2004 • S.I. No. 240 of 2005 Waste Management (Electrical and Electronic Equipment) Regulations, 2005 (No 2) • S.I. No. 340 of 2005 Waste Management (Waste Electrical and Electronic Equipment) Regulations, 2005 Page 79 of 79 • S.I. No. 341 of 2005 Waste Management (Restriction of Hazardous Substances in Electrical and Electronic Equipment Regulations, 2005 Amendment) • S.I. No. 308 of 2006 Waste Management (Packaging) (Amendment) Regulations 2006 • SI No. 282 of 2006 Waste Management (End-of-Life Vehicles) Regulations 2006 • S.I. No 419 of 2007 Waste Management (Shipments of Waste) Regulations 2007 • S.I. No 798 of 2007 Waste Management (Packaging) Regulations, 2007 • S.I. No. 62 of 2007 Waste Management (Environmental Levy) (Plastic Bag) (Amendment) Regulations, 2007 • S.I. No. 821 of 2007 Waste Management (Waste Facility Permit & Registration) Regulations, 2007 • S.I. No.820 of 2007 Waste Management (Collection Permit) Regulations, 2007 • S.I. No. 268 of 2008 Waste Management (Batteries & Accumulators) Regulations • S.I. No.86 of 2008 Waste Management (Waste Facility Permit & Registration) • S.I. No.87 of 2008 Waste Management (Collection Permit) (Amendment) Regulations, 2007 • S.I. No. 199 of 2008 Waste Management (Landfill Levy) Regulations 2008 • S.I. No. 168 of 2008 Waste Management Landfill Levy Order 2008 Page 80 of 80 • S.I No. 113 of 2008 Waste Management (Registration of Brokers & Dealers) Regulations 2008 • Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I No. 375 of 2008) • Waste Management (Batteries and Accumulators) (Amendment) Regulations 2008 (S.I No. 556 of 2008) • Waste Management (Landfill Levy) Order 2009 (S.I No. 496 of 2009) • Waste Management (Landfill Levy) (Amendment) Regulations 2009 (S.I No. 550 of 2009) • Waste Management (Landfill Levy) Order 2010 (S.I No. 013 of 2010) • Waste Management (Landfill Levy) (Amendment) Regulations 2010 (S.I No. 031 of 2010) • Waste Management (End-Of-Life Vehicles) (Amendment) Regulations 2010 (S.I No. 142 of 2010) • Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I No. 143 of 2010) Guidelines and circulars • DOEHLG Circular WM 1/98 - Making of Waste Management Plans • DOEHLG Circular WM 3/98 - New Regulations on Waste Management • DOEHLG Circular WM 04/01 Re: Waste Management (Amendment) Act, 2001 Page 81 of 81 • DOEHLG Circular WM 04501 Re: Waste Management (Prescribed Date) Regulations, 2001 • DOEHLG Circular WIR 02/03 Re: Operative Date of (Regional) Waste Management Plans • DOEHLG Circular WIR 06/03 – Protection of the Environment Act 2003 • DOEHLG Circular WIR 12/03 - Commencement of Certain Provisions of the Protection of the Environment Act 2003 • DOEHLG Circular BS 14/03 – Consent Authorities Regarding Sub-Threshold Development • DOEHLG Circular WIR 06/04 - Review of Waste Management Plans • DOEHLG Circular WPPR 17/08 National Strategy on Biodegradable Waste • DOEHLG Manual – Recycling for Ireland, 1994 • DOEHLG An Overview of the Waste Management Act, 1996 • Waste Working Group – handbook on sustainable waste management • Policy Guidance 1998 Changing our Ways • Policy Guidance 2000 Delivering Change • Policy Guidance 2004 Taking Stock and Moving Forward Waste prevention and recovery The Local Authority takes measures to reduce waste production by encouraging the reuse of goods, the recycling of as much waste as possible, and the disposal of the remainder in the most environmentally friendly way. Page 82 of 82 Legislation • European Communities Act, 1972 • Waste Management Act, 1996 • Waste Management (Amendment) Act, 2001 • Protection of the Environment Act 2003 EU directives • EC Directive 75/439/EEC – 16/06/75 on the disposal of waste oils (as amended by EC Directive 87/101/EEC – 22/12/86) • EC Directive 75/442/EEC – 15/07/75 on waste (as amended by EC Directive • 91/156/EEC – 18/03/91) • EC Directive 80/68/EEC – 17/12/79 on the protection of groundwater against pollution caused by certain dangerous substances • EC Directive 85/337/EEC – 27/06/85 on the assessment of the effects of certain public and private projects on the environment (as amended by EC Directive 97/11/EC – 03/03/97) • EC Directive 87/217/EEC – 19/03/87 on the prevention and reduction of environmental pollution by asbestos • EU Directive 91/157 on batteries and accumulators • EU Directive 91/689/EEC – 12/12/91 on hazardous waste • EU Directive 94/62//EC – 20/12/94 on packaging and packaging waste • EU Directive 94/67/EC – 16/12/94 on the incineration of hazardous waste Page 83 of 83 • EU Directive 96/59/EC – 16/09/96 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls • EU Directive 96/61/EC – 24/09/96 concerning integrated pollution prevention and control • EU Council Directive 99/31/EC – 26/04/99 on the landfill of waste • EU Directive 2000/53/EC on end-of-life vehicles • EU Directive 2000/76/EC on the incineration of waste • EU Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment • EU Directive 2002/95/EC on the Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) • EU Directive 2002/95/EC 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE) • EU Directive 2004/12/EC of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste • EU Directive 2006/12/EC on waste • Council Regulation (EEC) No. 259/93 – 01/02/93 on the supervision and control of shipments of waste within, into and out of the European Community (as amended) • Council Regulation (EC) No. 120/97 – 20/01/97 amending Regulation (EC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community • Council Regulation (EC) No. 1420/1999 – 29/04/99 establishing common rules and procedures to apply to Page 84 of 84 shipments to certain non-OECD countries of certain types of waste • Commission Regulation (EC) No. 1547/1999 – 12/07/99 – determining the control procedures under Council Regulation (EEC) No. 259/93 to apply to shipments of certain types of waste to certain countries to which OECD Decision C (92) 39 final does not apply • Commission of the European Communities: Commission Decision – 24/11/99 – adapting Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community • Commission Decision 2000/532/EC – 03/05/2000 – replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste • Commission Decision 2001/118/EC – 16/01/2001 – amending Decision 2000/532/EC as regards the list of wastes • Commission Decision 2001/119/EC – 22/01/2001 – amending Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste • Regulations (EC) No. 1013/2006 on shipments of waste • Commission Regulation (EC) No. 1379/2007 of 26 November 2007 Page 85 of 85 • Recommendation 2001/331/EC providing for minimum criteria for environmental inspections Regulations • S. I. No. 137 of 1997 Waste Management (Planning) Regulations, 1997 • S. I. No. 183 of 1997 Waste Management (Register) Regulations, 1997 • S. I. No. 146 of 1998 Waste Management (Amendment of Waste Management Act, 1996) Regulations, 1998 • S. I. No. 147 of 1998 Waste Management (Movement of Hazardous Waste) Regulations, 1998 • S. I. No. 148 of 1998 Waste Management (Use of Sewage Sludge in Agriculture) Regulations, 1998 • S. I. No. 149 of 1998 Waste Management (Transfrontier Shipment of Waste) Regulations, 1998 • S. I. No. 163 of 1998 Waste Management (Hazardous Waste) Regulations, 1998 • S. I. No. 164 of 1998 Waste Management (Miscellaneous Provisions) Regulations, 1998 • S. I. No. 165 of 1998 Waste Management (Permit) Regulations, 1998 • S. I. No. 166 of 1998 European Communities (Amendment of Waste Management Act, 1996) Regulations, 1998 • S. I. No. 267 of 2001 Waste Management (Use of Sewage Sludge in Agriculture) (Amendment) Regulations, 2001 • S. I. No. 341 of 2001 Waste Management (Farm Plastics) Regulations, 2001 Page 86 of 86 • S. I. No. 402 of 2001 Waste Management (Collection Permit) Regulations, 2001 • S. I. No. 540 of 2001 Waste Management (Collection Permit) (Amendment) Regulations, 2001 • S.I. No. 605 of 2001 Waste Management (Environmental Levy) (Plastic Bag) Regulations, 2001 • S. I. No. 86 of 2002 Waste Management (Landfill Levy) Regulations, 2002 • S. I. No. 61 of 2003 Re: Waste Management (Packaging) Regulations, 2003 • S. I. No. 395 of 2004 Waste Management (Licensing) Regulations 2004 • S.I. No. 871 of 2004 Waste Management (Packaging) Regulations, 2004 • S.I. No. 240 of 2005 Waste Management (Electrical and Electronic Equipment) Regulations, 2005 • S.I. No. 340 of 2005 Waste Management (Waste Electrical and Electronic Equipment) Regulations, 2005 • S.I. No. 341 of 2005 Waste Management (Restriction of Hazardous Substances in Electrical and Electronic Equipment Regulations, 2005 • S.I. No. 308 of 2006 Waste Management (Packaging) (Amendment) Regulations 2006 • SI No. 282 of 2006 Waste Management (End-of-Life Vehicles) Regulations 2006 • S.I. No 419 of 2007 Waste Management (Shipments of Waste) Regulations 2007 Page 87 of 87 • S.I. No 798 of 2007 Waste Management (Packaging) Regulations, 2007 • S.I. No. 62 of 2007 Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No 2) Regulations 2007 • S.I. No. 821 of 2007 Waste Management (Waste Facility Permit & Registration) Regulations, 2007 • S.I. No.820 of 2007 Waste Management (Collection Permit) Regulations, 2007 • S.I. No. 199 of 2007 Waste Management (Batteries & Accumulators) Regulations • S.I. No.86 of 2007 Waste Management (Waste Facility Permit & Registration) (Amendment) Regulations, 2007 • S.I. No.87 of 2007 Waste Management (Collection Permit) (Amendment) Regulations, 2007 • S.I. No. 199 of 2008 Waste Management (Landfill Levy) Regulations 2008 • S.I. No. 168 of 2008 Waste Management Landfill Levy Order 2008 • S.I No. 113 of 2008 Waste Management (Registration of Brokers & Dealers) Regulations 2008 • Waste Management (Batteries and Accumulators) Regulations 2008 (S.I No. 268 of 2008) • Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I No. 375 of 2008) • Waste Management (Certification of Historic Unlicensed Waste Disposal and Recovery Activity) Regulations 2008 (S.I No. 524 of 2008) Page 88 of 88 • Waste Management (Batteries and Accumulators) (Amendment) Regulations 2008 (S.I No. 556 of 2008) • Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I No. 286 of 2009) • Waste Management (Landfill Levy) Order 2009 (S.I No. 496 of 2009) • Waste Management (Landfill Levy) (Amendment) Regulations 2009 (S.I No. 550 of 2009) • Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 (S.I No. 566 of 2009) • Waste Management (Landfill Levy) Order 2010 (S.I No. 013 of 2010) • Waste Management (Landfill Levy) (Amendment) Regulations 2010 (S.I No. 031 of 2010) • Waste Management (End-Of-Life Vehicles) (Amendment) Regulations 2010 (S.I No. 142 of 2010) • Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I No. 143 of 2010) Guidelines and circulars • DOEHLG Circular WM 1/96 - REPAK Scheme for Packaging Waste • DOEHLG Circular WM 3/97 Re: Waste Management (Licensing) Regulations, 1997 (S. I. No. 133 of 1997) • DOEHLG Circular WM 6/97 Re: Amendment of Council Regulation (EC) No. 259/93 on the supervision and control Page 89 of 89 of shipments of waste within, into and out of the European Community • DOEHLG Circular WM 7/97 Re: Waste Management (Packaging) Regulations, 1997 • DOEHLG Circular WM 10/97 - Waste Management (Packaging) Regulations, 1997 • DOEHLG Letter WM 15/97 Re: Waste Management (Packaging) Regulations, 1997 • DOEHLG Circular WM 3/98 (25/5/98) Re: New Regulations on Waste Management • DOEHLG Circular WM 3/98 (6/7/98) Re: Waste Management (Packaging) Regulations, 1997 • DOEHLG Circular Letter WM 7/98 Re: Movement of Hazardous Waste Within the State • DOEHLG Circular WM 1/99 Re: Enforcement of the Waste Management (Packaging) Regulations, 1997 • DOEHLG Circular WM00/4 Re: Waste Management (Licensing) Regulations, 2000 • DOEHLG Circular WM 3/01 Re: Waste Management (Farm Plastics) Regulations, 2001 – S. I. No. 341 of 2001 • DOEHLG Circular WM 04/01 Re: Waste Management (Amendment) Act, 2001 • DOEHLG Circular WM 07/01 - Waste Management (Collection Permit) Regulations, 2001 • DOEHLG Circular L9/2001 Re: Waste Management (Use of Sewage Sludge in Agriculture) (Amendment) Regulations, 2001 – S. I. No. 267 of 2001 • DOEHLG Circular WP & R 2/02 Re: Plastic Bag Levy Page 90 of 90 • DOEHLG Circular WIR 3/02 - Waste Management (Collection Permit) Regulations, 2001 – Collection of animal slurries, manure and septic tank sludge • DOEHLG Circular WP & R 6/02 Re: Arrangements for dealing with abandoned vehicles • DOEHLG Circular WPR 1/03 Re: Waste Management (Packaging) Regulations, 2003 – S. I. No. 61 of 2003 • DOEHLG Circular WPR 2/03 - All-island contract for the Management of Waste Refrigerators and Freezers • DOEHLG Circular WIR 07/03 – European Communities (Incineration of Waste) Regulations, 2003 • DOEHLG Circular WIR 12/03 - Commencement of Certain Provisions of the Protection of the Environment Act 2003 • DOEHLG Circular WIR 13/03 –Weight/Volume Related waste Charging 2003 • DOEHLG Circular WIR 14/03 - Commencement of Certain Provisions of the Protection of the Environment Act 2003 • DOEHLG Circular WIR 17/03 –Landfill Levy, 2003 • DOEHLG Circular WPR 1/04 - All-island contract for the Management of Waste Refrigerators and Freezers • DOEHLG Circular WPR 2/04 - All-island contract for the Management of Waste Refrigerators and Freezers • DOEHLG Circular WIR 04/04 Re: Export of dry recyclables • DOEHLG Circular WIR 05/04 - Waste Collection Permit Review • DOEHLG Circular WIR 07/04 (i) Commencement of waste licensing provisions of the Protection of the Environment Act 2003 (ii) Waste Management (Licensing) Regulations 2004 Page 91 of 91 • DOEHLG Circular WIR 09/04 – Weight/Volume Related Waste Charging • DOEHLG Recycling for Ireland Manual 1994 • DOEHLG An Overview of the Waste Management Act, 1996 • DOEHLG A Guide to the Waste Management (Packaging) Regulations, 1997 (Revised) – 16 December 1997 • DOEHLG Waste Management (Collection Permit) Regulations, 2001 – Information Note and Guidance, September 2001 • DOEHLG Information Note on Plastic Bag environmental levy, January 2002 • DOEHLG Waste Management (Landfill Levy) Regulations, 2002 – Information Note and Guidance • DOEHLG Study on Chewing Gum, Fast Food Packaging and ATM Receipt Litter • Circular 16/08 Explanatory Notes in Respect of the Draft Waste Management Regulations 2008(Part 4 of 4) • WPPR 18_08 Waste Management _Batteries and Accumulators_Regulations 2008 _S.I. 268 of 2008 • Circular WPR 05/07 - Plastic Bag Levy increase • Circular No.WIR 08/07 Transfrontier Shipment Regulations Transitional Arrangements • Circular No. WIR 16/07- 17 December 2007 Re: Transfrontier Shipment Regulations • Circular WPR 06/08 10 March 2008 Landfill Levy - Annual Report and Forms • Circular No. WPR 07/08 28 April 2008Re: Local Authority Enforcement Measures – Grant Scheme Page 92 of 92 • Circular No. WPRR 02/08 29 April 2008 Re: Waste Management (Registration of Brokers and Dealers) Regulations 2008 • Circular Letter WM 03/08 – May 12, 2008 – Guidance on Waste Management (Collection Permit) Regulations 2007, and Waste Management (Collection Permit)(Amendment) Regulations 2008 • Circular WPR 9/08, July 18, 2008 Waste Management (Packaging) Regulations 2007 S.I. No. 798 of 2007 • DOEHLG Circular WPRR: 04/08, 25th July 2008 Policy guidance pursuant to section 60 of the Waste Management Act, 1996 Action against illegal waste activity - the use of sanctions • DOEHLG Circular WPR:9/08, 28th July 2008 Guidance on Waste Management Packaging Regulations, S.I. No. 798 of 2007 Recycling Local authorities actively promote a recycling ethos within their council area. Recyclable collection facilities contribute to the development of sustainable employment coupled with sound environmental management. Bring centres have been provided throughout the county. Bring centres and bottle banks are located in 54 locations in Clare. Legislation • Waste Management Act, 1996 • Waste Management (Amendment) Act, 2001 • Protection of the Environment Act, 2003 Page 93 of 93 Regulations • S.I. No. 133 of 1997 - Waste Management (Licensing) Regulations, 1997 • S.I. No. 183 of 1997 - Waste Management (Register) Regulations, 1997 • S.I. No. 315 of 1997 - Waste Management (Farm Plastics) Regulations, 1997 • Waste Management (Packaging) Regulations, 1997 • S.I. No. 162 of 1998 - Waste Management (Licensing)(Amendment) Regulations, 1998 • S.I. No. 165 of 1998 - Waste Management (Permit) Regulations, 1998 • EC (Amendment of Waste Management Act, 1996) Regulations, 1998 • S.I. No. 382 of 1998 - Waste Management (Packaging)(Amendment) Regulations, 1998 • S.I. No. 185 of 2000 - Waste Management (Licensing) Regulations, 2000 • S.I. No. 341 of 2001 - Waste Management (Farm Plastics) Regulations, 2001 • S.I. No. 397 of 2001 - Waste Management (Licensing)(Amendment) Regulations, 2001 • S.I. No. 401 of 2001 - Waste Management (Collection Permit) Regulations, 2001 • S.I. No. 540 of 2001 - Waste Management (Collection Permit) (Amendment) Regulations, 2001 • S.I. No. 605 of 2001 - Waste Management (Environmental Levy)(Plastic Bag) Regulations, 2001 Page 94 of 94 • S.I. No. 86 of 2002 - Waste Management (Landfill Levy) Regulations, 2002 • S.I. No. 336 of 2002 - Waste Management (Licensing)(Amendment) Regulations, 2002 • S.I. No. 61 of 2003 - Waste Management (Packaging) Regulations, 2003 • S.I. No. 395 of 2004 - Waste Management (Licensing) Regulations, 2004 • S.I. No. 871 of 2004 - Waste Management (Packaging)(Amendment) Regulations, 2004 • S.I. No. 209 of 2005 - Waste Management (Waste Electrical and Electronic Equipment) Regulations, 2005 • S.I. No. 340 of 2005 - Waste Management (Waste Electrical and Electronic Equipment) Regulations, 2005 • S.I. No. 341 of 2005 - Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations, 2005 Guidelines and circulars • DOEHLG Manual – Recycling for Ireland 1994 • DOEHLG Circular WM 3/98 • National Spring Clean 2001 • DOEHLG Circular EAS 01/02 – Local Environment Partnership Fund • DOEHLG Circular WIR 10/03 – Use of Environment Fund to Support Local Authority Enforcement Measures • DOEHLG Circular WPR 06/03 – All-Island Contract for the Management of Waste Fridges & Freezers Page 95 of 95 • DOEHLG Circular WIR 16/03 – Use & Support of the Environment Fund to Support Local Authority Enforcement Measures • DOEHLG Circular WPR 06/04 - Management of Waste Fridges & Freezers – Recoupment of Expenditure incurred by local authorities • DOEHLG Circular WIR 10/04 – Use of Environment Fund to Support Local Authority Enforcement Measures • National Waste Prevention Programme • Race Against Waste Campaign • Policy Document - Changing our Ways Provision and operation of waste management facilities The county council is responsible for the provision of facilities for the disposal of non-hazardous waste in the county. A waste licence is generally required from the Environmental Protection Agency for the larger facilities. Legislation • Environmental Protection Agency Act, 1992 • Waste Management Act(s) 1996-2003 • Protection of the Environment Act, 2003 EU directives • EU Council Directive 1993/31/EC of 26th April, 1999 on the landfill of waste • Commission Regulation EC No. 1685/2000 – 28/07/2000 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999 as regards eligibility of Page 96 of 96 expenditure of operations co-financed by the Structural Funds • Commission Regulation (EC) No. 2355/2002 – 27/12/2002 amending Commission Regulation (EC) No. 438/2001 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999 as regards the management and control systems for assistance granted under the Structural Funds • Council Regulation (EC) No. 1105/2003 – 26/05/2003 amending Regulation (EC) No. 1260/1999 laying down general provisions on the Structural Funds • Commission Regulation (EC) No. 1145/2003 – 27/06/2003 amending Regulation (EC) No. 1685/2000 as regards the rules of eligibility for co-financing by the Structural Funds Regulations • S. I. No. 262 of 1994 EC (toxic and Dangerous Waste (Regulations), 1994 • S. I. No. 133 of 1997 Waste Management (Licensing) Regulations, 1997 • S. I. No. 137 of 1997 Waste Management (Planning) Regulations, 1997 • S. I. No. 147 of 1998 Waste Management (Movement of Hazardous Waste) Regulations, 1998 • S. I. No. 146 of 1998 Waste Management (Amendment of Waste Management Act, 1996) Regulations, 1998 • S. I. No. 162 of 1998 Waste Management (Licensing)(Amendment) Regulations, 1997 Page 97 of 97 • S. I. No. 164 of 1998 Waste Management (Miscellaneous Provisions) Regulations, 1998 • S. I. No. 166 of 1998 European Communities (Amendment of Waste Management Act, 1996) Regulations, 1998 • S. I. No. 185 of 2000 Waste Management (Licensing) Regulations, 2000 • S.I. No. 397 of 2001 – Waste Management (Licensing) (Amendment) Regulations, 2001 • S.I. No. 336 of 2002 – Waste Management (Licensing) (Amendment) Regulations, 2002 • S.I. No. 395 of 2004 – Waste Management (Licensing) Regulations, 2004 • S.I. No. 199 of 2008 Waste Management (Landfill Levy) Regulations 2008 • S.I. No. 168 of 2008 Waste Management Landfill Levy Order 2008 Guidelines and circulars • DOEHLG Circular WM 3/97 Re: Waste Management (Licensing) Regulations, 1997 (S. I. No. 133 of 1997) • DOEHLG Circular WM 3/98 - New Regulations on Waste Management • DOEHLG Circular WM00/4 Re: Waste Management (Licensing) Regulations, 2000 • Dept. of Finance Circular 34/2001 Financial Management and Control Procedures for the European Regional Development Fund (ERDF) 2000-2006 Page 98 of 98 • DOEHLG Circular No. WIR 04/03 Re: Expenditure Certification Procedure for Assistance granted under the Structural Funds (Form B1) • DOEHLG Circular PPP 3/03 Re: Financial Management and Control Procedures for the European Regional Development Fund 2000-2006 • DOEHLG Circular WIR 11/03 Re: Rules of Eligibility for CoFinancing by the Structural Funds • DOEHLG Circular WIR 02/04 Development of Waste Management Infrastructure through Public Private Partnerships (PPPs) • DOEHLG An Overview of the Waste Management Act, 1996 • Landfill Manuals prepared under Section 62 of the Environmental Protection Agency Act, 1992 – Landfill Operational Practices, Investigation for Landfill, Landfill Monitoring, Waste Acceptance, site Selection • DOEHLG Guidance Notes for Applicants; Waste Licensing – Waste Disposal Activities (landfill and non-landfill sites) • EPA Guidelines on Environmental Management Systems and Reporting to the Agency • Waste Management Licensing: Aspects of Licensing Procedures – Objection and Oral Hearings • DOEHLG Circular WM 01/02 – Waste Management Infrastructural Grant Scheme • DOEHLG Circular WIR 05/03 – Waste Management Infrastructure – Subvention of Operating Costs of Recycling Facilities Page 99 of 99 • DOEHLG Circular WIR 15/03 – Waste Management Infrastructure – Allocation of €2.5m Funding for Operating Costs • DOEHLG Circular WIR 01/04 – Waste Management Infrastructure capital Grants Scheme – Commencement of Waste Licensing Provisions of the Protection of the Environment Act, 2003 • DOEHLG Circular WIR 07/04 – Waste Management (Licensing) Regulations, 2004 • National Strategy on Biodegradable Waste Litter management The Litter Pollution Acts 1997 – 2003 states that no person shall deposit any substance or object so as to create litter in a public place or in any place that is visible to any extent from a public place. The onus is equally placed on both the occupier of a public place and the local authority to keep public places free of litter. The Council may serve notices under the Litter Pollution Acts in order to prevent and control the creation of litter and/or to remove litter. The objective is to make effective arrangements for the prevention and control of litter so as to achieve a cleaner outdoor environment. Legislation • Litter Act, 1982 • Litter Pollution Act, 1997 • S. 14 of the Waste Management (Amendment) Act, 2001 • Part 4 and S. 59 of the Protection of the Environment Act 2003 • Waste Management Acts, 1996-2003 Section 32(2) Page 100 of 100 Regulations • S. I. No. 214 of 1997 Litter Pollution Regulations, 1999 • S. I. No. 359 of 1999 Litter Pollution Regulations, 1999 • Litter Pollution (Increased Notice Payment) Order 2007 S.I. No. 558 of 2007 Guidelines and circulars • DOEHLG Circular ALU 03/97 – Fixed Penalty Notices • DOEHLG Circular ALU 05/97 – Public Information Campaign • DOEHLG Circular ALU 04/97 – Grants for Litter Initiatives • DOEHLG Circular Letter EP 3/99 - National Litter Pollution Monitoring System • DOEHLG Circular EP 6/99 - Increased Penalties under the Litter Pollution Act 1997 • DOEHLG Circular WM 04/01 Re: Waste Management (Amendment) Act, 2001 • DOEHLG Circular Letter EPS 7/01 - National Litter Pollution Monitoring System • DOEHLG Circular Letter LU 9/01 - Increase in On-the-Spot Litter Fine to €125 • DOEHLG Circular Letter 06/2002 - National Litter Pollution Monitoring System • DOEHLG Circular EP 04/03 Re: Litter Management in Coillte Forest Properties • DOEHLG Circular Letter 05/03 - National Litter Pollution Monitoring System • DOEHLG Circular Letter 06/03 - Protection of the Environment Act, 2003 Page 101 of 101 • DoEHLG Circular Letter EPS 2/04 -National Litter Pollution Monitoring System • DOEHLG Circular EP 05/04 – Litter Pollution Acts 1997-2003 • DOEHLG Circular EP 04/04 – Litter Laws and Elections • DOEHLG Annual Allocation: Grants for Anti-Litter Awareness Initiatives • DOEHLG Action Against Litter – Guidelines for Local Authorities • DOEHLG Litter Action Plan, January 2001 • Litter Management Plan 2009 – 2013 • The National Litter Pollution Monitoring System (NLPMS) • Taking Pride in our Environment, A National Anti-Litter Strategy, Report of • the National Anti-Litter Forum Water Quality Management In response to the increasing threat of pollution and the increasing demand from the public for cleaner rivers, lakes and beaches, the EU has developed the Water Framework Directive (WFD). This Directive is unique in that, for the first time, it establishes a framework for the protection of all waters including rivers, lakes, estuaries, coastal waters and groundwater, and their dependent wildlife/habitats under one piece of environmental legislation. Specifically the WFD aims to: • protect/enhance all waters (surface, ground and coastal waters) • achieve "good status" for all waters by December 2015 • manage water bodies based on river basins (or catchments) Page 102 of 102 • involve the public • streamline legislation Water framework directive: river basin management planning • Identification of responsible authorities • Characterisation of River Basin Districts and International River Basin Districts • Reporting on monitored networks, Environmental Objectives and Programmes of Measures • A register of protected areas • Summary of the consultative and participative activities undertaken to support River Basin Management Plan production and the outcome of these activities The River Basin Management Plans (RBMP) were made by the Minister for Environment, Heritage and Local Government on 30th June, 2010. County Clare is covered by the Shannon International RBMP and the Western RBMP (about 5% of county area). Legislation • S. 171 and S. 172 of the Fisheries (Consolidation) Act, 1959 • European Communities Act, 1972 • Local Government (Water Pollution) Act, 1977 • Local Government (Water Pollution) (Amendment) Act, 1990 • Environmental Protection Agency Act, 1992 • Part VII of the Local Government Act, 1994 • Waste Management Act, 1996 • Local Government Act, 2001 – Part 9, Chapter 5 Page 103 of 103 • Water Services Act 2007 EU directives • EC Directive 75/440/EEC – 16/06/75 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States (as amended by 79/869/EEC, 90/656/EEC and 91/692/EEC) (Surface Water) • EC Directive 76/160/EEC – 08/12/75 concerning the quality of bathing water (as amended by 90/656/EEC and 91/692/EEC) (Quality of Bathing Waters) • EC Directive 76/464/EEC – 04/05/76 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (as amended by 91/692/EEC) (Dangerous Substances) • 7 Daughter Directives all amended by 90/656/EEC and 91/692/EEC • EC Directive 78/659/EEC – 18/07/78 on the quality of fresh waters needing protection or improvement in order to support fish life (as amended by 90/656/EEC and 91/692/EEC) (Designated Salmonoid Waters) • Measurement and Sampling of Drinking Water 79/869/EEC amended by 81/855/EEC • EC Directive 79/923/EEC – 30/10/79 on the quality required of shellfish waters (as amended by 91/692/EEC) (Shellfish Waters) • Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances (as amended by 90/656/EEC and 91/692/EEC) (Ground Water) Page 104 of 104 • EC Directive 80/778/EEC – 15/07/80 relating to the quality of water intended for human consumption (as amended by 81/858/EEC, 90/656/EEC and 91/692/EEC) • (Drinking Water) Mercury Discharges from Chlor-alkali Industries 82/176/EEC • Other Mercury Discharges by sectors other than the chloralkali electrolysis industry 84/156/EEC • HCH Discharges 84/491/EEC • EC Directive 86/280/EEC – 12/06/86 on limit values and quality objectives for discharges of certain dangerous substances included in List 1 of the Annex to Directive 76/464/EEC (as amended by 88/347/EEC and 90/415/EEC) • EC Directive 91/271/EEC concerning urban waste water treatment • Council Directive 91/676/EEC – 12/12/91 concerning the protection of waters against pollution caused by nitrates from agricultural sources (Nitrates) • Council Directive 91/692/EEC – 23/12/91 standardizing and rationalizing reports on the implementation of certain directives relating to the environment • Council Directive 98/83/EC • EU Directive 2000/60/EC the Water Framework Directive • Council Decision 77/795/EEC – 12/12/77 establishing a common procedure for the exchange of information on the quality of surface freshwater in the Community (as amended by Decision 86/574/EEC) • Commission Decision 92/446/EEC – 27/07/92 concerning questionnaires relating to directives in the water sector Page 105 of 105 Regulations - general • Local Government (Water Pollution) Act, 1977 (Discharge of Trade Effluent and Sewage Effluent to Waters) Regulations, 1977 • S. I. No. 108 of 1978 Local Government (Water Pollution) Regulations, 1978 • S. I. No. 37 of 1983 Local Government (Water Pollution) Act, 1977 (Transfer of Appeals) Order, 1978 (Amendment) Order, 1983 • S. I. No. 271 of 1992 Local Government (Water Pollution) Regulations, 1992 • S. I. No. 360 of 1995 Local Government Act, 1994 (ByeLaws) Regulations, 1995 • S. I. No. 184 of 1996 Local Government (Water Pollution) (Amendment) Regulations, 1996 • S. I. No. 257 of 1998 Local Government (Water Pollution) (Nutrient Management Planning Consultation) Regulations, 1998 • S. I. No. 42 of 1999 Local Government (Water Pollution) (Amendment) Regulations, 1999 • S. I. No. 78 of 1999 Local Government Act, 1994 (ByeLaws) Regulations, 1999 • S. I. No. 573 of 2001 Local Government (Water Pollution) (Fees) Regulations, 2001 • S. I. No. 722 of 2003 European Communities (Water Policy) Regulations 2003 Page 106 of 106 • S.I. No 378 of 2006 European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 • S.I. No 526 of 2007 European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2007 • S.I. No. 79/2008 — Bathing Water Quality Regulations 2008 • S.I. No 219 of 2008 European Communities (Water Policy) Amendment Regulations 2008 • S.I. No. 101/2009 — European Communities (Good Agricultural Practice For Protection of Waters) Regulations 2009 • S.I. No. 272/2009 — European Communities Environmental Objectives (Surface Waters) Regulations 2009 • S.I. No. 296/2009 — The European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 • European Communities (Quality of Shellfish Waters) (Amendment) (No.2) Regulations 2009 (S.I. No. 464 of 2009) • S.I. No. 9/2010 — European Communities Environmental Objectives (Groundwater) Regulations 2010 • Urban Waste Water Treatment (Amendment) Regulations 2010 (No. 048 of 2010) • Waste Water Discharge (Authorisation) (Amendment) Regulations (S.I. No. 231 of 2010 • Water Framework Directive and River Basin Management Plans Page 107 of 107 Regulations - control • S. I. No. 294 of 1985 Local Government (Water Pollution) (Control of Cadmium • Discharges) Regulations, 1985 • S. I. No. 55 of 1986 Local Government (Water Pollution) (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations, 1986 • S. I. No. 31 of 1990 European Communities (Control of Water Pollution by Asbestos) Regulations, 1990 • S. I. No. 348 of 1993 Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Aldrin, Dieldrin, Endrin, Isodrin, HCB, HCBD and CHCL3 Discharges) Regulations, 1993 • S. I. No. 43 of 1994 Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Carbon Tetrachloride, DDT and Pentachlorophenol Discharges) Regulations, 1994 • S. I. No. 245 of 1994 Local Government (Water Pollution) Acts, 1977 and 1990 (Control of EDC, TRI, PER, and TCB Discharges) Regulations, 1994 Regulations - quality • Local Government (Water Pollution) Act, 1977 (Water Quality Management Plans) Regulations, 1978 • S. I. No. 81 of 1988 European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 • S. I. No. 84 of 1988 European Communities (Quality of Bathing Waters) Regulations, 1988 • S. I. No. 293 of 1988 European Communities (Quality of Salmonoid Waters) Regulations, 1988 Page 108 of 108 • S. I. No. 89 of 1989 European Communities (Quality of Bathing Waters) (Amendment) Regulations, 1989 • S. I. No. 294 of 1989 European Communities (Quality of Surface Water Intended for the Abstraction of Drinking Water) Regulations, 1989 • S. I. No. 155 of 1992 European Communities (Quality of Bathing Water) Regulations, 1992 • S. I. No. 145 of 1994 Quality of Bathing Waters (Amendment) Regulations, 1994 • S. I. No. 200 of 1994 Quality of Shellfish Waters Regulations, 1994 • S. I. No. 146 of 1996 Quality of Bathing Waters (Amendment) Regulations, 1996 • S. I. No. 177 of 1998 Quality of Bathing Waters (Amendment) Regulations, 1998 • S. I. No. 258 of 1998 Local Government (Water Pollution) Act, 1977 (Water Quality Standards for Phosphorus) Regulations, 1998 • S. I. No. 41 of 1999 Protection of Groundwater Regulations, 1999 • S. I. No. 42 of 1999 Local Government (Water Pollution) (Amendment) Regulations, 1999 • S. I. No. 12 of 2001 Water Quality (Dangerous Substances) Regulations, 2001 • S. I. No. 22 of 2001 Quality of Bathing Waters (Amendment) Regulations, 2001 • S. I. No. 459 of 2001 Quality of Shellfish Waters (Amendment) Regulations, 2001 Page 109 of 109 • European Communities (Quality of Shellfish Waters) (Amendment) (No.2) Regulations 2009 (S.I. No. 464 of 2009) • Urban Waste Water Treatment (Amendment) Regulations 2010 (No. 048 of 2010) • Waste Water Discharge (Authorisation) (Amendment) Regulations (S.I. No. 231 of 2010) Bathing water Water authorities are required to ensure that bathing water quality is maintained and if necessary improved so that it complies with specified standards designated to protect health and the environment. Regulations • Quality of Bathing Water Regulations, 1988 (S.I. No.84 1998) • Quality of Bathing Water (Amendment) Regulations, 1989 (S.I. No. 89 of 1989) • Quality of Bathing Water Regulations, 1992 (replaces the Regulations 1988 and 1989) • Quality of Bathing Water (Amendment) Regulations, 1994 S.I. No. 145/1994 • Quality of Bathing Water (Amendment) Regulations, 1996 S.I. No. 230/1996 • Quality of Bathing Waters (Amendment) Regulations, 1998. S.I. No. 177/1998 • Quality of Bathing Waters (Amendment) Regulations, 2001 S.I. No. 22/2001 Page 110 of 110 • Water Quality (Dangerous Substances) Regulations 2001 • Bathing Water Quality Regulations 2008 S.I. No. 79/2008 Guidelines and circulars • DOEHLG Circular WP 9/89 Local Government (Water Pollution) Act 1977 – Consultation Procedures • DOEHLG Circulars WP 7/92, WP 9/95 and WP 1/97 – Directive 91/676/EEC • concerning the Protection of Waters against Pollution caused by Nitrates from Agricultural Sources • DOEHLG Circular WP 3/96 Re: Section 22 of Local Government (Water Pollution) (Amendment) Act 1990 • DOEHLG Circular WP 6/96 Local Government (Water Pollution) (Amendment) Regulations, 1996 • DOEHLG Circular WP 6/97 Managing Ireland’s Rivers and Lakes – A Catchment- Based Strategy Against Eutrophication • DOEHLG Circular WP 7/97 Measures to Prevent and Deal with Water Pollution Incidents • DOEHLG Circular Letter WQ 9/99 Catchment Based Water Management • DOEHLG Circular Letter WQ 3/00 River Basin Management Projects • DOEHLG Circular WSQ 4/01 – Prevention of Fish Kill and Other Water Pollution Incidents • DOEHLG Circular L8/03 (WSP) Licensing of Trade Effluent Discharges to Sewers under Section 16 of the Local Government (Water Pollution) Act 1977 Page 111 of 111 • DOEHLG Circular WQ 1/03 Quality of Drinking Water • DOEHLG Circular W 2/03 - European Communities (Quality for Water Intended for Human Consumption) (Amendment) Regulations 2003 • DOEHLG Circular Letter WQ 3/03 European Communities (Water Policy) Regulations 2003 • DOEHLG Circular L1/04 – Implementation of National Drinking Water Regulations – European Court of Justice Judgement • DOEHLG Circular WSP 2/04 – Drinking Water National Monitoring Programme • DOEHLG Circular WSP 3/04 – Drinking Water Monitoring Report 2002 • DOEHLG Circular WSP 2/04 – Drinking Water National Monitoring Programme • DOEHLG Circular WSP 5/04 – Drinking Water Monitoring Report 2003 • DOEHLG Code of Good Agricultural Practice, July 1996 • Nutrient Management Planning Guidelines for Local Authorities • DOEHLG / EPA Guidelines for the Establishment of River Basin Management Systems, July 2000 • EPA Annual Reports on the Quality of Drinking Water in Ireland • Managing Ireland’s Rivers and Lakes – A Catchment-Based Strategy Against Eutrophication • EPA Code of Practice Wastewater Treatment And Disposal Systems Serving Single Houses (P.E. < 10) Page 112 of 112 • DOEHLG Circular Circular Letter PSSP 1/10 Air quality management The EPA is responsible for the licensing and regulation of large/complex industrial, agricultural and other processes with significant pollution potential. Local and environmental authorities continue to be responsible for the licensing and control of activities which are not licensable by the agency. The aim is to control air pollution in order to ensure the protection of air quality. This is achieved by way of licensing of discharges and monitoring of air quality. Each local authority keeps a register of licenses issued and this register is available for public inspection. Legislation • European Communities Act, 1972 • Air Pollution Act, 1987 • Environmental Protection Agency Act, 1992 • S. 32 of the National Standards Authority of Ireland Act, 1996 EU directives • Air quality limit values for Sulphur Dioxide and Suspended Particulates 80/779/EEC, amended by 81/857/EEC, 89/427/EEC, 90/656/EEC and 91/692/EEC • Limit value for Lead 82/884/EEC amended by 90/656/EEC and 91/692/EEC • Air Pollution from industrial plants 84/360/EEC amended by 90/656/EEC and 91/692/EEC Page 113 of 113 • Air quality standards for Nitrogen Dioxide 85/203/EEC amended by 85/580/EEC, 90/656/EEC and 91/692/EEC • EU Directive 88/609/EEC of 24/11/88 on the limitation of emissions of certain pollutants into the air from large combustion plants (amended by 90/656/EEC and 94/66/EEC) • Council Regulation (EC) No. 3322/88 of 14th October, 1988 • EU “Framework” Directive 92/30/EC on ambient air quality assessment and management • Air Quality Framework 96/62/EEC including 3 older Directives to be replaced by new requirements under the Framework Directive • EU Directive 1999/13/EC of 11/03/99 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations • EU Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air • Council Directive 1999/94/EC • EU Directive 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air • Directive 2001/80/EC of the European Parliament and of the Council – 23/10/2001 – on the limitation of emissions of certain pollutants into the air from large combustion plants • EU Directive 2002/3/EC relating to ozone in ambient air Regulations • S. I. No. 190 of 1963 Road Traffic (Construction and Use of Vehicles) Regulations, 1963 Page 114 of 114 • European Communities (Vehicles Testing) Regulations, 1981-1986 • S. I. No. 378 of 1985 European Communities (Lead Content of Petrol) Regulations, 1985 • S. I. No. 374 of 1986 European Communities (Lead Content of Petrol) Regulations, 1986 • S. I. No. 244 of 1987 Air Pollution Act, 1987 (Air Quality Standards) Regulations, 1987 • S. I. No. 212 of 1988 European Communities (Benzene Content of Leaded Petrol) Regulations, 1988 • S. I. No. 266 of 1988 Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations, 1988 • S. I. No. 298 of 1988 Air Pollution Act, 1987 (Authorised Fuel) Regulations, 1988 • S. I. No. 317 of 1988 Local Government (Planning and Development) General Policy Directive, 1988 • S. I. No. 333 of 1989 Air Pollution Act, 1987 (Retail Sale of Fuels) Regulations, 1989 • S. I. No. 28 of 1990 Air Pollution Act, 1987 (Emission Limit Value for Use of Asbestos) Regulations, 1990 • S. I. No. 123 of 1990 Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1990 • S. I. No. 257 of 1991 Industrial Research and Standards (Section 44) (Petroleum Coke and other Solid Fuels) Order, 1991 • S. I. No. 273 of 1992 Air Pollution Act, 1987 (Combustion Plant) Regulations, 1992 Page 115 of 115 • S. I. No. 274 of 1992 Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1992 • S. I. No. 297 of 1993 Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations, 1993 • S. I. No. 347 of 1993 Air Pollution Act, 1987 (Municipal Waste Incineration) Regulations, 1993 • S. I. No. 363 of 1993 European Communities (Mechanically Propelled Vehicle Emission Control) Regulations, 1993 • S. I. No. 194 of 1994 European Communities (Mechanically Propelled Vehicle Emission Control) Regulations, 1994 • S. I. No. 256 of 1994 Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations, 1994 • S. I. No. 264 of 1996 Air Pollution Act, 1987 (Emission Limit Values for Combustion Plant) Regulations, 1996 • S. I. No. 377 of 1996 Rules of the Superior Courts (No. 2) of 1996 • S. I. No. 374 of 1007 - Control of Volatile Organic Compound Emissions Resulting from Petrol Storage and Distribution Regulations 1997 • S. I. No. 375 of 1997 Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997 • S. I. No. 118 of 1998 Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1998 • S. I. No. 278 of 2000 Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 2000 Page 116 of 116 • S. I. No. 339 of 2001 European Communities (Consumer Information on Fuel Economy and CO2 Emissions of New Passenger Cars) Regulations, 2001 • S. I. No. 575 of 2001 Air Pollution Act, 1987 (Licensing of Industrial Plant) (Fees Amendment) Regulations, 2001 • National Standards Authority of Ireland Act, 1996 (Section 32) Regulations, 2001 • S. I. No. 271 of 2002 Air Quality Standards Regulations 2002 • S. I. No. 543 of 2002 Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 • S.I. No. 728/2007 — Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2007 • Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I No. 058 of 2009) • European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2009 (S.I No.274 of 2009) Guidelines and circulars • DOEHLG Circular Letter AQ 2/97 – Implementation of Air Pollution Act • DOEHLG Circular Letter AQ 3/97 – Implementation of Air Pollution Act • DOEHLG Circular Letter AQ 6/97 –Air Pollution Act, 1987 (Petroleum Vapour Emissions) • DOEHLG Circular Letter A/C 1/2001 European Communities (Consumer Information on Fuel Economy and CO2 Emissions of New Passenger Cars) Regulations, 2001 Page 117 of 117 • DOEHLG Circular Letter AQ 1/2002 - National Standards Authority of Ireland Act, 1996 (Section 32) Regulations, 2001 • DOEHLG Circular Letter AC 3/02 - Air Quality Standards for SO2, NOx, PM10, Lead, Benzene and CO – Air Quality Standards Regulations 2002 • DOEHLG Circular Letter AQ 1/03 - Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 • DOEHLG Circular Letter AQ 2/03 – Extension on the Ban on the Marketing, Sale and Distribution of Bitumous Coal • DOEHLG Circular Letter AQ 3/03 – Strategy to Resource Emission of Trans Boundary Air Pollution by 2010 Control of noise emission Clare County Council facilitates third parties in taking action to prevent or limit noise. Legislation • S. 106 to S. 108 of the Environmental Protection Agency Act, 1992 • S. 77 of the Roads Act, 1993 EU Directives • Directive 2005/88/EC on noise emissions Regulations • S. I. No. 190 of 1963 Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 Page 118 of 118 • S. I. No. 320 of 1988 European Communities (Construction Plant and Equipment) (Permissible Noise Levels) Regulations, 1988 • S. I. No. 102 of 1989 European Communities (Lawnmowers) (Permissible Noise Levels) Regulations, 1989 • S.I. No. 157 of 1990 – EC (Protection of Workers)(Exposure to Noise) Regulations, 1990 • S.I. No. 297 of 1990 - EC (Construction Plant and Equipment)(Permissible Noise Levels) (Amendment) Regulations, 1990 • S.I. No. 179 of 1992 – EPA Act 1992 (Noise Regulations) • S. I. No. 178 of 1994 Environmental Protection Agency Act, 1992 (Commencement) (No.2) Order, 1994 • S. I. No. 179 of 1994 Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994 • EPA Noise Regulations, 1994 • S.I. No. 359 of 1996 - EC (Construction Plant and Equipment) (Permissible Noise Levels) (Amendment) Regulations, 1996 • S.I. No. 320 of 1998 – EC (Construction Plant and Equipment)(Permissible Noise Levels) Regulations, 1988 • S.I. No. 632 of 2001 – EC (Noise Emissions by Equipment for Use Outdoors) Regulations, 2001 • Road Traffic (Construction, Equipment & use of Vehicles) Regulations, 1963 – 2002 • European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations, 2005 (S.I. No. 787 of 2005) Page 119 of 119 • Environmental Noise Regulations 2006 S.I. No. 140/2006 • European Communities (Noise Emission by Equipment for Use Outdoors) (Amendment) Regulations 2006 S.I. No. 241/2006 • Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 S.I. No. 371/2006 • Irish Aviation Authority (Noise Certification and Limitation) Order, 2009 S.I. No. 492/2009 Dangerous substances The dangerous substances regulations prescribe water quality standards in respect of 14 dangerous substances in surface waters (rivers, lakes and tidal waters). These include: • Pesticides (atrazine, simazine, tributyltin) • Solvents (dichloromethane, toluene, xylene) • Metals (arsenic, chromium, copper, lead, nickel, zinc) • Other substances such as cyanide and fluoride Water quality targets set in the regulations must be met by 2010. Where the existing condition of waters does not meet a particular standard, there must be no deterioration in water quality in the meantime. New licences granted by the Environmental Protection Agency (EPA) and local authorities must reflect the prescribed standards. Existing licences had to be reviewed, and revised where necessary on the basis of meeting the prescribed standards by July 2006. Legislation • Water Safety – Sanitary Services Act, 1964 • Dangerous Substances – Dangerous Substances Act, 1979 Page 120 of 120 • Dangerous Substances Act, 1972 – Guide to the storage or keeping of petroleum spirit • Dangerous Substances Act, 1972 Regulations • Dangerous Substances (Retail & Petroleum) Stores Regulations, 1979 • Dangerous Substances (Retail & Petroleum) Stores (Amendment) Regulations • 1988 • Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 • Dangerous Substances (Oil Jetties) Regulations, 1979 • Dangerous Substances (Bulk Storage) Regulations 1979 • Dangerous Substances (Licensing Fee) Regulations1979 • Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations, 1980 • S.I. No. 107/2000 — European Communities (Dangerous Substances and Preparations)(Marketing and Use) Regulations, 2000 • E.U. Control of Major Accident Hazards involving Dangerous Substances • Regulations, 2000 S.I. 476 of 2000 • Water Quality (Dangerous Substances) Regulations, 2001 S.I. No. 12/2001 • Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 2001 S.I. No. 584/2001 Page 121 of 121 • Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2002 S.I. No. 624/2002 • European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 S.I. No. 116/2003 • European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations 2003 S.I. No. 116/2003 • European Communities (Control of Major Accident Hazards Involving Dangerous Substances) (Amendment) Regulations 2003 S.I. No. 402/2003 • European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2003 S.I. No. 503/2003 • European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2004 S.I. No. 852/2004 • Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2004 S.I. No. 860/2004 • European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations 2006 S.I. No. 25/2006 • European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 S.I. No. 74/2006 • European Communities (Dangerous Substances and Preparations) (Marketing and Use)(Amendment) Regulations 2006 S.I. No. 364/2006 Page 122 of 122 • Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2006 S.I. No. 630/2006 • European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2007 S.I. No. 746/2007 • Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2008 S.I. No. 593/2008 • European Communities (Control of Dangerous Substances in Aquaculture) Regulations 2008 S.I. No. 466/2008 • European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2008 S.I. No. 371/2008 • European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2008 S.I. No. 272/2008 • European Communities (Control of Dangerous Substances From offshore Installations) Regulations 2009 S.I. No. 358/2009 Guidelines and circulars • Annual D.O.E Circulars Control of animals, trading and intoxicating substances Control of Dogs All dog owners are responsible for the licensing their dogs and for keeping them under proper control. The council deals with the licensing of dogs and the control of dogs generally, including strays, in co-operation with animal welfare agencies including the Irish Page 123 of 123 Society for the Prevention of Cruelty to Animals (ISPCA). Dog licences can be purchased from any Post Office. Legislation • Control of Dogs Act, 1986 • Control of Dogs (Amendment) Act, 1992 • S. 107 and S. 108 of the Environmental Protection Agency Act, 1992 • S. 22 of the Litter Pollution Act, 1997 • Euro Changeover (Amounts) Act, 2001 Regulations • S. I. No. 16 of 1987 – (Commencement) Order, 1987 • S. I. No. 30 of 1987 – Control of Dogs Remuneration, 1987 • S. I. No. 59 of 1987 – Control of Dogs (No. 2) Regulations, 1987 • S. I. No. 79 of 1987 – (Commencement) No.2 Order 1987 Control of Dogs Act, 1986 • S. I. No. 255 of 1988 Control of Dogs Act, 1986 (Guard Dogs) Regulations, 1988 • S. I. No. 329 of 1989 Control of Dogs Act, 1986 (Guard Dogs) (Amendment) Regulations, 1989 • S. I. No. 123 of 1991 – (Restriction of Certain Dogs) Regulations, 1991 • S. I. No. 146 of 1991 – (Restriction of Certain Dogs) (Amendment) Regulations, 1991 • S. I. No. 442 of 1998 Control of Dogs Regulations, 1998 Page 124 of 124 • Importation of Dogs and Cats Order, 2003 S.I. No. 192/2003 Guidelines and circulars • DOEHLG Circular LSS 8/99 – Disposal by Local Authorities of Carcasses of Dead Dogs • DOEHLG Circular LSS 6/01 – Dog License Fees and Dog Control • DOEHLG Circular LSS 8/02 – Control of Dogs Act - Local Authorities Returns for 2001 and related matters • DOEHLG Circular LSS 05/02 – Control of Dogs Act - Local Authorities Returns for 2002 and related matters • DOEHLG Circular LSS 2/04 – Control of Dogs Act - Local Authorities Returns for 2003 and related matters Control of Horses Description The council has power to make bye-laws for the control of horses in its area. Legislation • Animals Act, 1985 • Control of Horses Act, 1996 Regulations • S. I. No. 306 of 1985 Pounds Regulations, 1985 • S. I. No. 30 of 1995 Pounds (Amendment) Regulations, 1995 • Control of Horses Regulations, 1997 S.I. No. 171/1997 Page 125 of 125 • The Diseases of Animals Act, 1966 (Foot-And-Mouth Disease) (Restriction on Movement of Horses) (Amendment) Order, 2001 S.I. No. 216/2001 • Beach Bye-Laws 2008 Pounds Stray animals may be impounded by the local authority. The council maintains a pound and employs a caretaker who looks after impounded animals. Legislation • Pounds (Provision and Maintenance) Act, 1935 • Animals Act, 1985 Regulations • S. I. No. 306 of 1985 Pounds Regulations, 1985 • S. I. No. 30 of 1995 Pounds (Amendment) Regulations, 1995 Abattoirs and disease control Responsibility for food safety rests with the Food Safety Authority of Ireland (FSAI). Provision is made however for service contracts between the FSAI and local authorities. Local authorities have responsibility under the Abattoirs Act and the Public Health Acts to ensure that standards of hygiene in abattoirs etc. are maintained, and that all abattoirs in the council area are operated in accordance with legislation and regulations. The veterinary section of a local authority is therefore concerned with the supervision and control of the production, distribution and sale of food of animal origin. Page 126 of 126 Legislation • Agriculture Act, 1931 • Slaughter of Animals Act, 1935 • Health Act, 1947 • Disease of Animals Act(s) 1966-1996 • EC Act, 1972 • Abattoirs Act, 1988 • Food Safety Authority of Ireland Act, 1988 • Agriculture (Research, Training & Advice) Act, 1988 • Animal Remedies Act, 1993 EU directives • Council Directive 64/433/EEC of 26 June 1964 as amended • Council Directive 91/494/EEC of 19 July 1991 amending 64/433 • EU Directive 91/497 • Council Directive 91/498/EEC of 29 July 1991 • EU Directive 92/5 • Council Directive 93/11/EEC • Council Directive 93/11/EC (on the protection of animals at the time of slaughter or killing • EU Directive 94/65 • Council Directive 95/23/EEC of 22 June 1995 Regulations • Health Act, 1947 (Food Hygiene Regulations 1950) as amended Page 127 of 127 • Poisons (Control of Residues in Food of Animal Origin) Regulations 1985 • EC (Veterinary Medicinal Products) Regulations, 1986 • S.I. No. 152 of 1989 – Abattoirs Act 1988 (Abattoirs) Regulations 1989 • EC (Control of Veterinary Medicinal Products and their Residues) Regulations, 1990 • S.I. No. 88 of 1992 – Abattoirs Act 1988 (Commencement) Order 1992 • Abattoirs (Health Mark) Regulations 1992 • Abattoirs Act, 1988 (Veterinary Examination) Regulations 1992 • S.I. No. 89 of 1992 – Abattoirs Act 1988 (Veterinary Examination) Regulations 1992 • EC (Protection of Animals at Time of Slaughter) Regulations, 1995 • EC (Welfare of Calves) Regulations, 1995 • EC (Welfare of Pigs) Regulations, 1995 • EC (Rabbit Meat and Farmed Game Meat) Regulations, 1995 • EC (Wild Game Meat) Regulations, 1995 • Animals Remedies Regulations, 1996 • Abattoirs (Control of Designated Bovine Offal) Regulations 1996 • Abattoirs (Health Mark)(Amendment) Regulations 1997 • S.I. No. 66 of 1997 – The European Communities (Fresh Meat) Regulations 1997 Page 128 of 128 • S.I. No. 144 of 1998 – Diseases of Animals (BSE)(Specified Risk Material) Order 1998 • S.I. No. 12 of 1998 - Abattoirs Act, 1988 (Abattoirs)(Amendment) Regulations 1998 • Control of Animal Remedies & their Residues Regulations, 1998 • Abattoirs Act, 1988 (Veterinary Examination) (Amendment) Regulations 1999 • Abattoirs Act, 1988 (Abattoirs) (Amendment) Regulations 1999 • EC (Specified Risk Material) Regulations, 2000-2001 • Diseases of Animals (BSE)(Specified Risk Material) Order 2001 • EC (Minced Meat and Meat Preparation) Regulations, 1996 • EC (Meat products and other Products of Animal Origin) Regulations, 1995 and 1997 • EC (Labelling of Beef and Beef Products) Regulations, 2000 • Abattoirs Act 1988 (Veterinary Examination) (Amendment) Regulations 2003 S.I. No. 153/2003 Diseases of Animals Act 1966 (Foot-and- Mouth Disease) (Regulation of Sheep Shearers) (Revocation) Order 2007 S.I. No. 163/2007 Abattoirs Act 1988 (Veterinary Examination and Health Mark) Regulations 2009 S.I. No. 154/2009 • Abattoirs Act 1988 (Veterinary Examination and Health Mark)(No. 2) Regulations 2009 S.I. No. 373/2009 Page 129 of 129 Guidelines and circulars • EPA Guidance Notes on Emergency disposal of animals arising from FMD Outbreak (March, 2001) • Foot and Mouth Disease (Circular FMD 1/02) • Foot and Mouth Disease (Letter March, 2003) • Recommendations of the Expert Group in relation to Foot & Mouth Disease Controls • Updated guidance note on emergency disposal of animals arising from foot and mouth disease • Precautionary measures against the possible spread of FMD (Circular 08/01) • FSAI Guidance Notes Milk and dairies Local authorities have responsibility for the inspection of milk production holdings which supply milk for the preparation of heat treated drinking milk. The sale of raw milk is illegal in Ireland. Legislation • Milk & Dairies Act(s), 1935-156 • Health Act, 1947 • Milk (Regulations of Supply) Act 1994 EU directives • EU Directive 92/46 EEC on the Hygienic Production of Milk and Milk Based Products Regulations • Milk and Dairies Regulations 1938-1962 Page 130 of 130 • Food Hygiene Regulations 1950 (as amended) • Milk and Dairies Act, 1935 (Sale of Milk) Order, 1984. S.I. No. 78/1984 • Poisons (control of residues in foods of animal origin) Regulations, 1985 • S.I. No. 9 of 1996 – EC (Hygienic Production and Placing on the Market of Raw Milk, Heated Milk and Milk based products) Regulations, 1996 • E.C Production Processing & Placing on the Market of Milk & Milk based • • Regulations European Communities (Milk Quota) Regulations 2008 S.I. No. 227/2008 • European Communities (Milk Quota) (Amendment) (No. 2) Regulations 2006 S.I. No. 284/2006 Guidelines and circulars Dept of Agriculture, Food & Forestry Guidelines for the inspection of the on-farm structural facilities and hygienic practises on a milk production holding. Casual trading Legislation • Casual Trading Act, 1995 Regulations • Casual Trading Act, 1995 (Forms) Regulations, 1996. S.I. No. 146/1996 Page 131 of 131 • Casual Trading Act 1995 (Section 2(3)) Regulations 2004 S.I. No. 191/2004 • Casual Trading Bye-Laws 2008 Control of the consumption of intoxicating substances in public places Legislation • Intoxicating Liquor (National Conference Centre) Act 2010 • Intoxicating Liquor Act 2008 • Intoxicating Liquor Act 2004 Regulations • Intoxicating Liquor Act 2003 (Section 21) Regulations 2004 S.I. No. 271/2004 • District Court (Intoxicating Liquor) Rules, 2005 S.I. No. 259/2005 • Intoxicating Liquor Act 2003 (Section 21) Regulations 2005 S.I. No. 824/2005 • Intoxicating Liquor Act 1988 (Age Card) Regulations 2007 S.I. No. 159/2007 • Intoxicating Liquor Act 2008 (Commencement) Order 2008 S.I. No. 286/2008 • Intoxicating Liquor Act 2003 (Section 21) Regulations 2008 S.I. No. 388/2008 • District Court (Intoxicating Liquor Act 2008) Rules 2009 S.I. No. 174/2009 • Intoxicating Liquor Act 2003 (Section 21) Regulations 2010. S.I. No. 160/2010 Page 132 of 132 • County Clare (Regulation and Control of the Consumption of Intoxicating • Substances in Public Places) Bye Laws 2006 Access to information – environment The access to information on the environment regulations set out the procedures for public access to information relating to the environment, held by public authorities. Requests should be made in writing and generally, should be replied to within one month of receipt. Reasonable charges may be made having regard to the cost of making available the information. Public authorities may refuse requests on certain mandatory grounds (e.g. personnel information/third party information) or discretionary grounds (e.g. commercial confidentiality/matters “Sub Judice” etc.). EU directives • EU Directive 2003/4/EC, on the public access to information on the environment. Regulations • Integrated Pollution Control Licensing – EPA Act, 1992 (Established Activities) Order, 1988 • S.I. No. 133 of 2007 – Access to Information on the Environment Regulations, 2007 Guidelines and circulars • DOEHLG Circular EPS 2/93 – Access to Information on the Environment Regulations, 1993 • DOEHLG Circular EPS 2/95 – Review of Access to Information on the Environment Regulations, 1995 Page 133 of 133 • DOEHLG Circular EPS 3/96 – Access to Information on the Environment Regulations, 1996 • DOEHLG Circular EPS 6/98 - European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998 • DOEHLG Circular EPS/01/01 - Access to Information on the Environment Environmental impact assessment Environmental Impact Assessment (EIA) is the process by which the anticipated effects on the environment of a proposed development or project are measured. If the likely effects are unacceptable, design measures or other relevant mitigation measures can be taken to reduce or avoid those effects. The document from this process is called an Environmental Impact Statement (EIS). Projects listed in Annex I have mandatory EIA requirements. The Planning Authority makes decisions on a case-by-case basis on whether Annex II projects require an EIA. Thresholds have been set for Annex II projects. Even if schemes fall below the legal threshold for an Environmental Impact Statement, it is necessary to demonstrate that the scheme was developed taking into account environmental considerations, and studies assessing the environmental impacts should be carried out. EIA requirements in Ireland are incorporated into planning laws and other infrastructural consent systems. Page 134 of 134 EU directives • Directive 97/11/EC on the assessment of the effects of certain public and private projects on the environment • Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment • Directive 2003/35/EC of the European Parliament providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment Regulations • European Communities (Environmental Impact (Assessment) Regulations 1989 • European Communities (Environmental Impact (Assessment) (Amendment) Regulations 1994 • European Communities (Environmental Impact (Assessment) (Amendment Regulations 1996 • European Communities (Environmental Impact (Assessment) (Amendment) Regulations 1998 • European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 • European Communities (Environmental Impact Assessment) (Amendment) S.I. No. 450/2000 • European Communities (Environmental Impact Assessment) (Amendment) S.I. No. 538/2001 • European Communities (Environmental Impact Assessment) (Amendment) S.I. No. 659/2006 • European Communities (Environmental Impact Assessment) (Forestry Consent System) (Amendment) Regulations 2006 S.I. No. 168/2006 Page 135 of 135 Records/files held • Water Pollution Acts (discharge licences) • Pollution complaints (prosecutions) • Waste disposal • Casual trading • Dangerous substances (petroleum licences) • Noise pollution • Fish/rivers • Milk/dairies • Animals, abattoirs, slaughter licences • Nuisance/illegal dumping • Caravan site licences • Atmospheric pollution • Oil pollution incidents (Co. Clare coastline) • EU Directive – Noxious Weeds Act, 1936 • Miscellaneous – adverts, managers orders • Sewerage complaints • Environmental campaign • Blue flag beaches • Potentially dangerous drugs washed ashore • Abandoned vehicles • Dog control • Boats (Jet-ski regulations) • Litter • Major emergency plan Page 136 of 136 Registers Water services section Register maintained under European Communities (Waste Water Treatment) (prevention of odour and noise) Regulations 2005 Environment section • DOEHLG Circular L8/03 (WSP) Licensing of Trade Effluent Discharges to Sewers under Section 16 of the Local Government (Water Pollution) Act 1977 • Local Government (Water Pollution) Act, 1977 (Discharge of Trade Effluent and Sewage Effluent to Waters) Regulations, 1977 • Air Pollution Act, 1987 • S. I. No. 543 of 2002 Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 • Schedule 5 Limitation of Emissions of Volatile Organic Compounds Due to the Use of Organic Solvents in Certain Paints, Varnishes and Vehicle Refinishing Products Regulations 2007 (S.I. No. 199 of 2007) • Waste Management (Collection Permit) Regulations, 2007 (S.I. No. 820 of 2007) (as amended by the Waste Management (Collection Permit) (Amendment) Regulations, 2008 (S.I. No. 87 of 2008) • Waste Management (Facility Permit and Registration) Regulations, 2007 (S.I. No. 821 of 2007) (as amended by the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008)) Page 137 of 137 Community and enterprise and emergency services The procedures, practices and guidelines, which govern the activities of the community and enterprise and emergency services directorate are set out below: County development board The department facilitates the county development board in developing and implementing a ten-year strategy for the economic, social and cultural development of the county Documents • Integrated Strategy for the Social, Economic and Cultural Development of County Clare (“Shaping the Future”) – February 2002 • Procedures and Protocol of Clare County Development Board – Updated September 2004 • Preparing the Ground: Guidelines for the Progress from Strategy Groups to County/City Development Boards – DoEHLG – April 1999 • A Shared Vision for County/City Development Boards – DoEHLG – May 2000 • Shaping the Future – Priorities 2006 – 2008 • National Development Plan 2007 – 2013 • County Enterprise Strategy - Collaborating to Compete 2008 - 2010 • Social, Economic and Cultural Profile of County Clare – June 2001 Page 138 of 138 • RAPID Guidance Documentation and Implementation Plans • County Clare Recreation & Sport Strategy 2009-2011 • Integrated Strategy for the Co-Ordination of services to Immigrant Communities in County Clare 2009 – 2012 • County Clare Tourism Strategy 2010-2012 • County Clare Social Inclusion Strategy 2010-2012 • County Clare Environment & Rural Development Strategy 2010-2012 • County Clare Energy & Climate Change Strategy 2010-2012 • Draft Integrated Strategy for the delivery of services to members of the Travelling Community 2010-2013 • Clare - Live the Life • Service Information Guide for Lone Parents Living in County Clare 2009 • Study into the Barriers and Challenges facing Lone Parents in County Clare • Quality of Life in Ennis – Key Indicators, Trends and Marketing Options for Hub Towns • Review of County/City Development Board (CDB) Strategies 2009 to 2012 – Key Trends • Review of County/City Development Board (CDB) Strategies 2009 to 2012 – Policy Review • Review of Research into Key Target Groups to Inform the County Clare Social Inclusion Strategy • Our Elders – The Post Independence Generation in Clare • Connect with Clare • Newsletters Page 139 of 139 • Annual Reports • Enterprise – Clare Business Listings Database http://www.clarecoco.ie/business/clare-business-listings/ • Audit of Community, Arts and Sports Facilities – http://www.clarecoco.ie/community/information-forresidents/facilities/http://www.clare.ie Community support Documents • CLAR Funding Guidelines • Small Scale Funding for Existing Youth Cafes guidelines • Guidelines on Small Scale funding for existing youth cafes guidelines • Social, Community & Capital Grants Scheme 2006/2007 • Community Smoke Alarm Scheme National children’s strategy The county development board is tasked with co-ordinating with the relevant agencies to ensure that county structures are set up to give children a voice and to ensure that a “whole child” perspective is included in the ten-year strategy for economic, social and cultural development. Comhairle na nÓg are local youth councils, which give children and young people the opportunity to be involved in the development of local services and policies. The National Children’s Strategy sets out three primary goals for children in Ireland. The first of these is that children will have ‘a voice in matters which affect them and to ensure that their views are given due weight in accordance with Page 140 of 140 their age and maturity’ (2000:30). The Dáil na nÓg was set up ‘to provide a national forum where children can raise and debate issues of concern to them on a periodic basis’ (2000:32). Comhairle na nÓg were set up in the 34 City and County Development Boards around the country to support, at the local level, the work of Dáil na nÓg. Documents • The National Children’s Strategy • National Play Policy • Comhairle na n-Og Action Plan Weblinks • www.teenspace.ie • www.youth.ie • www.childrensrights.ie • www.ispcc.ie • www.youthworkireland.ie • www.youthinformation.ie • www.oco.ie • http://www.clarecoco.ie/community/information-for-youngpeople/comhairle- na-nog/ • http://www.dailnanog.ie/2006/site/home.php • http://www.comhairlenanog.ie • http://www.comhairlenanog.ie/viewy.asp Page 141 of 141 Fire services and building control Rules, guidelines and precedents used by the fire services and building control section of Clare County Council. Fire fighting and operations • Fire Services Act 1981 & 2003 • Fire Authority (Emergency Operations) Regulations S.I. 210 of 1987 • Fire and operations plan adopted by the council • Clare County Council’s Major Emergency Plan • Ancillary Safety Statement for the Fire Service • Safety Health and Welfare at Work Act, 2005 • European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations S.I. 476 of 2000 & S.I. 74 of 2006 Major emergency plan A Framework for Major Emergency Management Appendices (2006) Clare Local Authorities Major Emergency Plan 2008 • Framework for Major Emergency Management (2006) • A Framework for Major emergency Management Appendices (2006) • Clare Local Authorities Major Emergency Plan (2008) Training of operational personnel • Fire Service Council Recruit Firefighter & Breathing Apparatus Notes • Fire Service Council Drill Book Page 142 of 142 • Fire Service Council On Station Training Guidelines • DoEHLG “Use of Breathing Apparatus Guidelines, 1995” • Fire Service Council Fire-Fighter Handbook • Fire Service Council Junior Officer Handbook • Fire Service Council Senior Officer Handbook Fire safety and prevention • Fire Services Act 1981 & 2003 • Fire Services Act (Prescribed Premises) Regulations S.I.319 of 1989 • Fire Safety in Places of Public Assembly (Ease of Escape) Regulations S.I. 249 of 1985 Dangerous substances act 1972 • Dangerous Substances (Retail & private petroleum Stores) Regulations SI 311 1979 and subsequent amendments, SI 424 of 1999, SI 624 of 2002, SI 860 of 2004, SI 630 of 2006 • (Retail & private petroleum Stores) (Amendment) Regulations SI 303 of 1988 • (Retail & private petroleum Stores) (Amendment) Regulations SI 424 of 1999 • (Petroleum Bulk Stores) Regulations SI 313 of 1979 as amended • (Oil Jetties) Regulations SI 312 of 1979 Air pollution act 1987 • Petroleum Vapour Emissions Regulations 1997 S.I. No. 375 of 1997 Page 143 of 143 • Dangerous Substances (Storage of L. P. G.) Regulations S.I. 201 of 1990 • IS 3216 part 2 1989 Code of Practice for the Bulk Storage of Liquefied Petroleum Gas Note for automotive use • IS 3216 part 1 1988 Code of Practice for the Bulk Storage of Liquefied Petroleum Gas • IS 3213 1987 Code of Practice for Storage of LPG Cylinders and cartridges • IS 813 1996 Domestic Gas Installations • IS 820 2000 Non Domestic Gas Installations Building control Building control act 1990 to 2007 (No. 21 of 2007) • S.I. No 352 of 2009 Building Control Act 2007 (Commencement) Order 2009 Building control regulations 1997 – 2009 • Building Control Regulations Amendment (No. 1) Regulations 2000, SI No. 10 of 2000: Revised Fire Safety Certificate application form, Building Control Register, An Board Pleanala issues • S.I. No.85 of 2004 (Building Control (Amendment) Regulations 2004- Commencement Notices • S.I. no 351 of 2009 Building Control (Amendment) Regulations 2009 Building regulations 1997- 2009 • S.I 497 of 1997 and subsequent amendments Page 144 of 144 • Building Regulations (Amendment) Regs 2000, SI No. 249 of 2000:Revised Part D • Building Regulations (Amendment) (No.2) Regulations 2000, SI No. 179 of 2000: Revised Part M • Building Regulations (Amendment) (No.3) Regulations 2000, SI No. 441 of 2000: Exemption of private electrical utilities • Building Regulations (Amendment) Regulations S.I. No. 566 of 2009 (Part F) • European Communities (Energy Performance of Buildings) Regs S.I. No. 872 of 2005 • S.I. No 854 of 2007 (Part L) • Building Regulations (Amendment) Regulations S.I. No. 259 of 2008Revised Part L • Building Regulations (Amendment) Regulations S.I. No. 115 of 2006 Revised Part B • Building Regulations (Amendment) Regulations S.I. No. 666 of 2006 European Communities (Energy Performance of Buildings) Regulations 2006 • S.I. no 229 of 2008 European Communities (Energy performance of Buildings) (Amendment) regulations 2008 Technical guidance documents to the building regulations • Part A – Structure – 1997 Regs. (Reprint May 2005) • Part B – Fire Safety – 2006 Regs. • Part C – Site Preparation and Resistance to Moisture – 1997 (Regs.) (Sept 2004) • Part D – Materials and Workmanship – 2001 Regs. (Reprint May 05) Page 145 of 145 • Part E – Sound – 1997 Regs. (Reprint May 2005) • Part F – Ventilation – 2009 Regs (reprint May 2009) • Part G – Hygiene – 1997 Regs. (Reprint May 2005) • Part H – Drainage and Waste Water Disposal – 1997 Regs. (Reprint May 2005) • Part J – Heat Producing Appliances – 1997 Regs. (Reprint May 2005) • Part K – Stairways, Ladders, Ramps and Guards – 1997 Regs. (Reprint May 2005) • Part L – Conservation of Fuel and Energy – Buildings Other than Dwellings 2008 regs (reprint October 2008) • Part L – Conservation of Fuel and Energy Dwelling– 2008 Regs. (Reprint December 2008) • Part M – Access for People with Disabilities – 2000 Regs. (Reprint May 2005) All DoEHLG documents available from Government Publications Office, Dublin. Irish Standards • IS 3217:2009 Emergency Lighting • IS 3218:2009 Fire Detection and Alarm Systems for Buildings – System Design, Installation, Servicing and Maintenance Guidance documents on fire safety issued by DoEHLG • “Code of Practice for Fire Safety of Furnishings and Fittings in Places of Public Assembly” as issued by DoE in March, 1989 Page 146 of 146 • “Code of practice for the Management of Fire Safety in places of Public Assembly” as issued by DoE in February, 1989 • "Guide to Fire Precautions in Existing Hotels Guesthouses and similar premises" as issued by DoE in 1989 • “Fire Safety in Nursing Homes” as issued by DoE in July, 1996 • “Fire Safety in Pre-Schools” as issued by DoEHLG, 1999 • “Fire Safety in Flats” as issued by DoE in July, 1994 • “Fire Safety in Hostels” as issued by DoEHLG, 1998 • “Fire Safety in Guest Accommodation” as issued by DoEHLG, 2001 • “Guide to Fire Precautions in Community-Based Residences for Mentally Handicapped or Mentally Ill People” as issued by DoE in November, 1987 • “Code of Practice for Safety at Indoor Concerts” as issued by DoEHLG, 1998 • “Code of Practice for Safety at Outdoor Pop Concerts and other Musical Events” as issued by DoE, 1996 BS5588 series as referenced in TGD B Fire Safety to the Building Regulations, 1997 • BS 5588:Fire precautions in the design, construction and use of buildings • Part 0: 1996 Guide to fire safety codes of practice for particular premises/applications • Part 1: 1990 Code of practice for residential buildings Page 147 of 147 • Part 4: 1998 Code of practice for smoke control using pressure differentials • Part 5: 1991 Code of practice for firefighting stairs and lifts • Part 6: 1991 Code of practice for places of Assembly • Part 7: 1997 Code of practice for the incorporation of atria in buildings • Part 8: 1999 Code of practice for means of escape for disabled people • Part 9: 1999 Code of practice for ventilation and air conditioning ductwork • • Part 10: 1991 Code of practice for shopping complexes Part 11: 1997 Code of practice for shops, offices, industrial, storage and other similar buildings • BS 5839: Part 6 – 2004 Fire Detection and Fire Alarm Systems for Buildings • BS 5423:1995 (EN3:1995) Specification for Portable Fire Extinguishers • “Fire and the Design of Educational buildings” as issued by Department of Education and Science (UK), 1988 available from HMSO UK • BS9999 2008 Code of Practice for Fire Safety in the Design, Management and Use of Buildings Page 148 of 148 Organisational Chart of the Fire and Building Control Section County Manager Director of Services Community & Enterprise and Emergency Services Chief Fire & Building Control Officer Operations Prevention Building Control Administration Senior Assistant Chief Fire Officer Senior Assistant Chief Fire Officer Senior Assistant Chief Fire Officer Senior Staff Officer Senior Fitter/Mechanic Major Emergency Management Station Officer x7 Fitter/Mechanic Assistant Chief Fire Officer Sub-Station Officer x7 Assistant Chief Fire Officer Assistant Chief Fire Officer Assistant Chief Fire Officer Assistant Fire Officer Assistant Chief Fire Officer Assistant Chief Fire Officer Clerical Officer Assistant Fire Officer Driver/Mechanic x7 Firefighters x 57 Civil defence Rules, guidelines and precedents used by the Civil Defence Section of Clare County Council. Air Raid Precautions Acts, 1939-46 • Towards 2000 initiative, Department of Defence training plan • Organisation of Civil Defence, Circulars, 12/90 & 2/91 • Regulations regarding active member and age of civil defence members, 7/91 • Guidelines to develop good safety practice for civil defence, 11/91 Page 149 of 149 Clerical Officer Students • Civil Defence Act 2002 • Civil Defence Circular 23/09 Garda Vetting Policy and Child Protection Policy Finance and human resources Rules, guidelines and precedents used by the finance section of Clare County Council. Legislation relating to books, accounts and records, requirement to prepare the budget, dates and budget meeting, power to borrow money and authorise overdraft facilities, co-ordination of accounts and procedures. Local Government Act 2001 • Local Government(Financial Procedures & Audit) Regulations 2002 (S.I. 508 2002) • Local Government (Financial Procedures & Audit) (Amendment) Order 2008 (S.I. 467/2008) • Accounting Code of Practice • Circulars Fin 24 / 2003, 02/ 2004, 07/2004, 11/2004, 06/2008, 10/2009 Power to levy charges for services • Local Government (Financial Provisions) (No. 2) Act 1983 Value for money • Local Government Act 1991 • Local Government (Financial Provisions) Act 1997 • DOHELG –VFM Unit –Reports Page 150 of 150 Administration of higher education grants scheme • Local Authorities (Higher Education Grants) Act 1968. • Local Authorities (Higher Education Grants) Act 1978. • Local Authorities (Higher Education Grants) Act, 1992. • Annual Higher Education Grant Scheme. Remuneration Department circulars issued by Department of the Environment, Heritage and Local Government in line with national agreements • Holiday Pay (Employees Act) 1973 • Regular (Part-Time) Employees Act 1991 • Recoupment Rates For Officers • Circular • Sick Pay – Local Scheme • Overtime – DOEHLG Circulars • Holiday Pay Entitlements • Starting Pay On Promotion – Circulars • Incremental Credit – Temporary Staff – Circulars • Acting Allowances • Introduction of Full P.R.S.I. – Circular CL 695 LAS • P.A.Y.E. – Employer’s Guide as issued by Revenue Commissioners • P.R.S.I. – SW (PRSI 3) issued by the Dept of Social Welfare • Circulars • Paragraph 52 Appendix to Circular LA/P4/96 Page 151 of 151 • Circular S17/97 (Superannuation of Acting Allowances) Sub-contractors Sub-contractor and withholding tax • Taxes Consolidation Act 1997 Water charges • Public Health Act 1878 • Local Government Act 1962 • Financial Provisions Act 1983 • Local Govt (Delimitation of Water Supplies /Disconnection Powers) Act 1995 • Financial Provisions Act 1997 and Circular Fin 12/97 Waiver of charges • Circulars as issued by DOEHLG Service - payment of wages and salaries to staff Processing of wages and salaries for all staff including deduction of P.A.Y.E. and P.R.S.I. and other statutory and non-statutory deductions and for all returns relating to same. Legislation • Payment of Wages Act 1991 • Holidays (Employees) Acts, 1973 and 1991 • Worker Protection (Regular Part-Time Employees) Act, 1991 • Various Finance Acts Page 152 of 152 Regulations • Local Government Officers Regulations, 1943 and amendments Guidelines and circulars • Rates of Wages and Salaries- Circulars • Payment of Acting Allowances- Circulars • Payment of Overtime -Circulars • Starting Pay On Promotion - Circulars • Increments For Temporary Staff- Circulars • Allowances For Outdoor Staff: Listing of Rates of Allowances • P.A.Y.E. Employers Guide • P.R.S.I. Employers Guide • Sick Leave (Officers)- Circular s and Local Government Officers Regulations, 1943 • Sick Leave (Employees)- Local Authorities Sick Pay Scheme • Special Leave - Circulars • Holiday Pay Employees - Holidays (Employees) Act 1973 and Worker • Protection (Regular Part-Time Employees) Act, 1991 as amended • Computer Payroll System: User Manual • Local Interpretations, Procedures and Practices Page 153 of 153 Service - payment for goods and services (creditors payments) including higher education grants Processing of payment for goods and services on receipt of invoices and approval for payment. Legislation • Local Government (Financial Provisions) Act 1997 • Local Government Act, 1991 • Prompt Payment of Accounts Act, 1997 • Higher Education Grants Act, 1968, 1978 & 1992 Regulations • Local Government (Expenses of Local Authority Members) Regulations, 1993 Guidelines and circulars • General - Local Authorities Payment Procedures and Circulars • Tax Clearance - Circulars • Withholding Tax- Revenue Commissioners Notes For Guidance of Accountable Persons in relation to Withholding Tax on Professional Services • Relevant Contracts Tax: Revenue Commissioners Explanatory Notes for Principal Contractors • Members Expenses - Guidelines on New System of Councillors Expenses and Circulars • Travelling and Subsistence Allowances- Circulars Page 154 of 154 • Higher Education Grants - Local Authority Higher Grants Scheme and Dept of Education Guidelines on Higher Education Grants Scheme • Computer Payments: User Manual • Local Interpretations, Procedures and Practices Service - payment of pensions to former staff of Clare County Council and spouses & children, where applicable Calculation of pensions and lump sums for retiring staff and payment of same. Calculation of lump sum for V.E.C. staff is carried out by the V.E.C. and paid by the county council. Legislation • Local Government Superannuation Act, 1980. Regulations • Local Government (Superannuation) (Gratuities) Regulations, 1984. Guidelines and circulars • Pension Increases- Circular • Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 • Local Government Employees (Widows & Orphans Contributory Pension) Scheme • Local Government Officers (Widows & Orphans Contributory Pension) Scheme Page 155 of 155 • Local Government Employees (Widows & Orphans Ex Gratia Pension) Scheme • Local Government Officers (Widows & Orphans Ex Gratia Pension) Scheme • Local Government Employees (Spouses & Childrens Contributory Pension) Scheme • Local Government Officers (Spouses & Childrens Contributory Pension) Scheme Service - budget A draft budget is prepared annually by the Director of Service for finance, accountants and senior administrative and technical staff and approved by the county manager. Statutory budget meetings are open to the public and are held each year between the 25th November and 13th January. Public notice of budget meeting is given in local press. Budget booklets are available for inspection during opening hours at the County Council Offices and County Library. A copy of the budget booklet may be purchased for a nominal charge. Legislation • City & County Management (Amendment) Act, 1955 • Local Government (Financial Provisions) Act, 1978 • Local Government (Financial Provisions) No. 2 Act, 1983 • Local Government (Financial Provisions) Act, 1997 • Local Government Superannuation Act, 1991 • Local Government Act, 1994 • Local Government Act 2001 Page 156 of 156 • Local Government(Financial & Audit) Regulations 2002 (S.I. 508 2002) • Accounting Code of Practice • Circulars Fin 24 / 2003, 02/ 2004, 07/2004, 11/2004, 10/2009 Service - annual financial statement The annual accounts of a local authority are called the “Annual Financial Statement” (AFS). This is prepared at the end of each financial year. The AFS is prepared by 1st April and available by 1st July from the end of the financial year. Copies are available at the offices of the County Council and the County Library. Accounts are open for public inspection during office hours for seven days before audit - notice of which is given in local press. Legislation • Local Government (Financial Provisions) Act, 1997 • Local Government Act 2001 • Local Government(Financial & Audit) Regulations 2002 (S.I. 508 2002) • Accounting Code of Practice • Circulars Fin 24 / 2003, 02/ 2004, 07/2004, 11/2004, 10/2009 Service - audit of accounts The Local Government Auditor is appointed by the Minister for the Environment and Local Government to audit the accounts of the Page 157 of 157 Local Authority and to report on them. Notice of commencement of the audit is published and members of the public are entitled to bring to the attention of the auditor any item of the accounts which they believe to be incorrect. Internal audit reviews the operations and procedures of the county council in terms of efficiency, effectiveness of internal checking and accounting procedures. Legislation • Local Government Act 2001 • Local Government (Financial Provisions & Procedures) Regulations 2002 • Local Government Financial Provisions Act 1997 Revenue/rates Rules, guidelines and precedents used by the revenue/rates section of Clare County Council. Collection of commercial rates – rate book Legislation • The Grand Juries (Ireland) Act 1836 • The Poor Relief (Ireland) Act 1838 • The Valuation (Ireland) Act 1852 • The Valuation (Ireland) Act 1854 • The Local Government Act 1941 • The Local Government Act 1946 • The Local Government (Financial Provisions) Act 1978 • The Valuation Act 1988 • Urban Renewal Acts 1986-1998 Page 158 of 158 • Valuation Act, 2001 • Local Government (Business Improvement Districts) Act 2006 Collection of water and waste charges Legislation • Public Health Act 1878 • Local Government (Sanitary Services) Act 1962 • Local Government (Financial Provisions) Act 1983 • Local Government (Delimitation of Water Supplies Disconnection Powers) Act 1995 • EU Water Framework Directive • Financial Provisions Act 1997 – Circular Fin 12/97 • Water Services Act 2007 – not all commenced NPPR • Local Government (Charges) Act 2009 Motor taxation Rules, guidelines and precedents used by the motor taxation section of Clare County Council. Taxation of vehicles Vehicles which are used on public roads must be licensed. The motor taxation office issues vehicle licenses (tax discs) on an agency basis on behalf of the Department of the Environment, Heritage and Local Government. The Central Vehicle Registration Unit (VRU) of the Department of the Environment, Heritage and Local Government is responsible for the maintenance of the Page 159 of 159 computerised national vehicle file. This file includes details of driving licences and taxation/registered ownership details for all vehicles registered in the state. Motor taxation reminders and renewal notices are issued by the VRU. Each local authority has connections to this database of information. Legislation • Road Traffic Act 1991 to 2006 • Finance (Excise Duties) (Vehicles) Act, 1952 and successive Finance Acts • Local Government (Financial Provisions Act), 1997 • Local Government Act, 1998 • Motor Vehicle (Duties and Licences) Act, 2000 • Motor Vehicle (Duties and Licences) Act, 2001 • Motor Vehicle (Duties and Licences) Act, 2003 • Motor Vehicle (Duties and Licenses) Act, 2004 • Motor Vehicle (Duties and Licenses) Act, 2008 Regulations • S.I. No. 126 of 1993 - Road Vehicles (Registration and Licensing) (Amendment) (No.2) Regulations, 1993 • S.I. No. 15 of 1958 - Road Vehicles (Registration and Licensing) Order, 1958 • S.I. No. 198 of 1993 - Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations, 1993 • S.I. No. 23 of 1993 - Road Vehicles (Registration and Licensing) (Amendment) Regulations 1993 Page 160 of 160 • S.I. No. 263 of 1993 - Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations 1993 • S.I. No. 277 of 1994 - Road Vehicles (Registration and Licensing) (Amendment) Regulations 1994 • S.I. No. 125 of 1996 • S.I. No. 338 of 1996 - Finance Act 1993 (Section 60) Regulations 1996 • S.I. No. 385 of 1992 - Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 • S.I. No. 405 of 1997 • S.I. No. 409 of 1992 - Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1992 • Road Vehicles (Reg. and Licensing) Amendment Regulations, 1998 • Road Traffic (Licensing of Trailers and Semi-Trailers) Amendment Regulations, 1998 • S.I. No. 207 of 1998 • S.I. No. 208 of 1998 • S.I. No. 247 of 1998 - Road Traffic (Immobilisation of Vehicles) Regulations 1998 • S.I. No. 395 of 1999 • S.I. No. 74 Road Vehicles (Registration & Licensing) (amendment) Regulations of 2001 • S.I. No. 75 Road Traffic (Licensing of Trailers & Semi Trailers) (Amendment) Regulations of 2001 • S.I. No. 516 of 2001 Page 161 of 161 • S.I. No. 537 Road Vehicles (Registration & Licensing) (Amendment) No.2 Regulations of 2001 • S.I No.486 Road Vehicles (Registration & Licensing) (Amendment) 2003 • S.I. No.213 Road Vehicles (Registration & Licensing) (Amendment) Regulations 2004 Guidelines and circulars • DoEHLG Circular MT 672 Motor Tax liability of road marking vehicles • DoEHLG Circular MT 720 Motor Tax liability of Mobile Libraries and Banks • DoEHLG Circular MT 740 Refund of Motor Tax • DoEHLG Circular MT 744 Motor Tax Liability of Refuse Carts • DoEHLG Circular MT 835 Licensing Gap on First Taxing of Vehicle on Change of Ownership • DoEHLG Circular MT 836 Refund of Motor Tax • DoEHLG Circular MT 838 Insertion of “special alert” in certain cases • DoEHLG Circular MT 863 Dishonoured Cheques • DoEHLG Circular MT 882 Motor Tax Liability of Refuse/Waste Collection Vehicles • DoEHLG Circular MT 893 Transfer of Registered Ownership of Vehicles • DoEHLG Circular MT 896 Taxing of Vehicle without production of Vehicle Registration Book • DoEHLG Circular MT 896A Veteran and Vintage Vehicles Page 162 of 162 • DoEHLG Circular MT 899 Motor Tax Liability of Off Road Dumpers • DoEHLG Circular MT 916 Refund of Motor Tax • DoEHLG Circular MT 922 Motor Tax Liability of Recovered Vehicles • DoEHLG Circular MT 928 Registration and Licensing of Motor Vehicles from 1/1/1993 • DoEHLG Circular MT 963 Licensing of Trailers and SemiTrailers • DoEHLG Circular MT 978 Disabled Drivers/Passengers (Tax Concessions) Regulations • DoEHLG Circular MT 997 Motor Vehicle Insurers permitted to operate in Ireland • DoEHLG Circular MT 1008 Motor Tax Liability on All-Terrain Vehicles • DoEHLG Circular MT 1014 Mobile Machines/Workshops Rate of Motor Tax • DoEHLG Circular MT 1023 Motor Tax Liability on Motor Caravans • DoEHLG Circular MT 1048 Special Arrangements for the First Licensing of Cars to facilitate Car Hire Companies in the Tourist Season • DoEHLG Circular MT 1051 Changes in Motor Tax Rates 2001 and Euro rates • DoEHLG Circular MT 1052 Changes in vehicle Registration Tax Rates & Taxation of Crew Cabs • DoEHLG Circular MT 1053 Euro changeover and redesign of Department’s web Page 163 of 163 • DoEHLG Circular MT 1057 Introduction of Euro currency and issue of discs commencing Jan 2002 • DoEHLG Circular MT 1061 Euro changeover, information notice issued with renewals • DoEHLG Circular MT 1062 Taxation of electrically assisted pedal cycles “Pedelec” • DoEHLG Circular MT 1065A/B Special arrangements for first licensing of cars to facilitate Car Hire Companies in the tourist season • DoEHLG Circular MT 1071 Motor Tax Expenses 2003 – Change of Recoupment System • DoEHLG Circular MT 1072 Changes in Motor Tax Rates and Trade Plates from 1st January 2003 • DoEHLG Circular MT 1073 Special arrangements for first licensing of cars to facilitate Car Hire Companies in the tourist season • DoEHLG Circular MT 1077 First Licensing of Car Hire Vehicles VS 20/04 Roadworthiness Testing of Commercial Vehicles • DoEHLG Circular MT 1080 & MT 1081 Propose New Rates of Motor Tax & Trade Plates • DoEHLG Circular MT 5/2004 Taxation of Island Vehicles • DoT VS 20/04 Roadworthiness Testing of Commercial Vehicles • DoEHLG Circular MT 1/2005 Taxation of Motor Caravans • DoEHLG Circular MT 3/2005 Taxation of Ride-on Mowers • DoEHLG Circular MT 4/5/2005 Taxation of Articulated Vehicles Page 164 of 164 • DoEHLG Circular MT 6/2005 Incorrect Taxation of Articulated Vehicles • DoEHLG Circular MT 9/2005 Taxation of Vehicles constructed to carry a machine, or Contrivance or a workshop or implement • DoEHLG Circular MT 10/2005 Taxation of Goods vehicles and adapted goods vehicles • DoEHLG Circular MT 1/2006 Taxation of ATV Quads • DoEHLG Circular MT 2/2006 Joint owner details on the NVDF • DoEHLG Circular MT 3/2006 Trade plates for years 2007/2008 • DoEHLG Circular MT 4/2006 Annual general conference Motor Tax Offices 2006 • DoEHLG Circular MT 5/2006 Electronic Fund Transfers • DoEHLG Circular MT 6/2006 Advice on Security procedures • DoEHLG Circular MT 1/2007 Incorrect sequencing on 2007 tax discs Driver licensing Provisional driving license A provisional license is issued to enable a person to learn to drive and apply for a driving test. All persons making applications for a first provisional license in any particular vehicle category must first undergo a driver theory test. A first provisional license is issued for a period of 2 years. The holder may apply to have the license renewed for a further two years. When applying for a third or subsequent license evidence is required of having (a) undergone a driving test within the last two years or (b) receiving notification of Page 165 of 165 a driving test appointment. In the case of (b) a one year license is issued. Driving license A full driving license is issued when an applicant has passed a driving test or where an applicant wishes to exchange a driving license issued by another EU member state or a recognised country. The holder of a license may apply within one month of its expiry date to have it renewed. A driving license may be issued for a period of three or ten years. A one-year license may be granted in circumstances where, for medical reasons, a longer term of license cannot be granted. A medical report may be necessary when applying for certain categories of license. Driving licences are issued by the motor taxation office. An application is submitted with the relevant documentation e.g. medical certificate, eyesight certificate, birth certificate. The licence is issued in accordance with regulations. Endorsements and disqualifications are included if applicable. Counter applications are dealt with immediately. Postal applications are normally dealt with on a same day return basis. Legislation • Road Traffic Acts, 1961 -2004 Regulations • S.I. No. 234 of 1984 European Communities (Licensing of Drivers) Regulations, 1984 • S.I. No. 285 of 1989 Road Traffic (Licensing of Drivers) Regulations, 1989 Page 166 of 166 • S.I. No. 286 of 1989 Driving Licences (Repayment of Excise Duties) Regulations, 1989 • S.I. No. 287 of 1989 European Communities (Licensing of Drivers) Regulations, 1989 • S.I. No. 353 of 1989 Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1989 • S.I. No. 320 of 1991 Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1991 • S.I. No. 384 of 1992 Mechanically Propelled Vehicles (International Circulation) Order, 1992 • S.I. No. 5 of 1993Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1993 • S.I. No. 56 of 1994 Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1994 • S.I. No. 217 of 1995 Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1995 • S.I. No. 328 of 1996 Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1996 • S.I. No. 511 of 1997 Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1997 • S. I. No. 367 of 2000 Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations, 2000 • S. I. No. 38 of 2001 Road Traffic (Public Service Vehicles) (Amendment) • Regulations, 2001 • S. I. No. 534 of 2001 Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 2001 Page 167 of 167 • S. I. No. 411 of 2002 Road Traffic (Public Service Vehicles) (Amendment) Regulations, 2002 • S.I. No. 597 of 2002 – Road Traffic Act 1994 (Section 25) (Commencement) Order 2002 • Road Traffic (Licensing of Drivers) Regulations 2006 Guidelines and circulars • DoEHLG Circular DC 4/90 – Exchange of recognised driving license: Japan • DoEHLG Circular DC 10/91 - The issue of Certificates under Article 29 (I)(a)(iii) of the Road Traffic (Licensing of Drivers) Regulations, 1989 • DoEHLG Circular DC 3/93 - The issue of Certificates under Article 29 (I)(a)(ii) of the Road Traffic (Licensing of Drivers) Regulations, 1989 • DoEHLG Circulars DC 7/93 & DC 5/94 - Exchange of recognised driving licences • DoEHLG Circulars DC 2/95 – Issuing of drivers licenses • DoEHLG Circulars DC 2/96 – Free-in-lieu driving licenses • DoEHLG Circulars DC 6/96 – Road Traffic (Licensing of Drivers)(Amendment) Regulations, 1996 • DoEHLG Circulars DC 2/97 – Provisional driving licenses-5 year rule • DoEHLG Circulars DC 5/97 – Road Traffic (Licensing of Drivers)(Amendment) Regulations, 1997 • DoEHLG Circulars DC 2/98 - Certificates of Competency • DoEHLG Circulars DC 6/98 - Third and subsequent provisional licences Page 168 of 168 • DoEHLG Circulars DC 2/99 - Issue of provisional licences • DoEHLG Circulars DC 3/99 – Exchange of recognised drivers licenses • DoEHLG Circulars DC 5/99 – Road Traffic (Licensing of Drivers) Regulations 1999 • DoEHLG Circulars DL 2/00 – Submission of Medical reports – higher category drivers • DoEHLG Circulars DL 6/00 – Personal Public Service Number (PPSN) • DoEHLG Circulars DL 7/00 – Exchange of Queensland Drivers License • DoEHLG Circulars DL 8/00 – Conversion of driving license records to driver File on NVDF • DoEHLG Circulars DL 9/00 – Third or subsequent provisional license • DoEHLG Circulars DL 4/01 - Theory Test Certificate under European Communities (Licensing of Drivers) Regulations 2001 S.I 168 of 2001 • DoEHLG Circulars DL 4/01 – Driver Theory Test • DoEHLG Circulars DL 7/01 – South African Driving Licenses • DoEHLG Circulars DL 10/01 - Army Certificate of Competency under Section 30 (2) (b) of the Road Traffic (Licensing of Drivers) Regulations 1999 • DoEHLG Circulars DL 12/01 – Revised fee arrangements for Provisional License and Driving License • DoEHLG Circulars DL 1/02 – Garda Certificates of Competency under Section 30 (2) of the Road Traffic (Licensing of Drivers) Regulations 1999 Page 169 of 169 • DoEHLG Circulars DL 2/02 – New Style Medical Report Forms – D.501 • DoEHLG Circulars DL 3/02 – Revised Theory Test Certificates • DoEHLG Circulars DL 8/02 – Driver Licensing - Personal Public Service Number (PPSN) • DoEHLG Circulars DL 12/02 – New Edition Driving License Exchange Booklet, 2002 • DoEHLG Circulars DL 13/02 – Exchange of a recognised License while under Disqualification • DoEHLG Circulars DL 14/02 – Requirements to carry Driving License • DoEHLG Circulars DL 1/03 – Certificates of Competency • DoEHLG Circulars DL 2/04 • DoEHLG Circulars DL 3/04 – Driving Licenses for New EU Member States • DoEHLG Circulars DL 4/2004 Road Traffic (Licensing of Drivers) (Amendment Regulations) 2004 • DoEHLG Circulars DL 5/2004 Endorsements and Disqualifications • DoEHLG Circulars DL 2/2005 Introduction of New Format Driving Licence • DoEHLG Circulars DL 3/2005 Introduction of New Format Driving Licence • DoEHLG Circulars DL 4/2005 Amendment to New Edition Driving Licence Exchange Booklet, 2002 • DoEHLG Circulars DL 1/2006 Endorsement of Driving Licences - Penalty Point Offences Page 170 of 170 • DoEHLG Circulars DL 2/2006 New Format Lithuanian Driving Licence • DoEHLG Circulars DL 3/2006 Form R.F. 15/1(a) • DoEHLG Circulars DL 4/2006 Road Traffic (Licensing of Drivers) Regulations 2006 • DoEHLG Circulars DL 6/2006 Driver Theory Test Certificates • DoEHLG Circulars DL 1/2007 Driving Licences for New Member States • DoEHLG Circulars DL 2/2007 Revised Medical Report Form • DoEHLG Circulars DL 4/2007 Driving Licence Renewal Notices Human resources Rules, guidelines and precedents used by the human resources section of Clare County Council. Planning and recruiting our workforce Legislation • Local Authorities (Officers & Employees) Acts 1926, 1940, 1983 • County Management Act, 1940 • Local Government Act, 1941 • Local Government Act, 1946 • Section 12(1) Local Government Act, 1955 • Section 6(1) County and City Management (Amendment) Act, 1955 • Section 160 (1) a to e Local Government Act 2001 Page 171 of 171 • Terms of Employment (Information) Act, 1994 • S. 11 of the Local Government Act, 1998 • Part 14, Chapter 4 of the Local Government Act, 2001 • Protection of Employee (Part Time Work) Act 2001 • Protection of Employees (Fixed Term Work Act) 2003 • Employment Equality Act 2004 • Data Protection Acts 1988 & 2000 • Freedom of Information Act 1997 Regulations • Local Government (Officers) Regulations, 1943 • S. I. No. 221 of 1966 Local Officers (Irish Language) Regulations, 1966 • S. I. No. 61 of 1974 Local Government (Appointment of Officers) Regulations, 1974 • Local Government (Age Limit Order), 1991 • S. I. No. 262 of 1997 Local Government (Appointment of Officers) (Amendment) Regulations, 1997 • S. I. No. 190 of 1999 Local Government (Major Offices) Order, 1999 • S. I. No. 222 of 1999 Local Authorities (Officers and Employees) Act, 1926 Local Authorities (Declaration of Offices) Order, 1999 • S. I. No. 505 of 2002 Local Authorities (Officers and Employees) Act, 1926 Local Authorities (Declaration of Offices) Order, 2002 Page 172 of 172 • S. I. No. 529 of 2002 Local Authorities (Officers and Employees) Act, 1926 Local Authorities (Declaration of Offices) (No. 2) Order, 2002 • S. I. No. 293 of 2003 Local Authorities (Declaration of Offices) Order, 2003 Guidelines and circulars • Circular Letter G 33/47 Acceptance of Office • Circular Letter EL 7/52 Local Government Officers • Circular Letter EL 7/75 Re-grading of Clerical and Administrative Staff • Circular Letter L.A. (P) 12/84 Restrictions on Staffing • Circular Letter LA (P) 19/84 Recruitment methods for Local Authority Employees (Servant Grades) • Circular Letter LA (P) 11/85 Rationalisation of Rate/Revenue Collection arrangements • Circular Letter LA (P) 8/94 Provisions in Part IX of the Local Government Act, 1994 relating to Local Authority Personnel Matters • Circular Letter LA (P) 4/96 Devolution of Responsibility for Personnel Matters • Circular Letter LA (P) 13/96 Amendment of Qualifications of Grades IV–VII and Particulars of Office of Grade IV • Circular Letter EL 3/97 Restructuring of Technician Grades • Circular Letter LA (P) 3/97 Restructuring of Clerical / Administrative Grades • LA (P) 4/97 Restructuring of Technician Grades Page 173 of 173 • Circular Letter LA (P) 6/97 Recruitment to posts for which the Leaving • Certificate is a requirement • Circular Letter LA (P) 7/97 New Structure for Technician Grades • Qualifications and Particulars of Office for various posts • Letter EPS 15/98 of 7th December, 1998 Pilot Environmental Graduate Internship Programme • Circular Letter LGP 1/99 Recruitment of Directors of Community and Enterprise • Circular Letter LG (P) 2/99 Local Government (Officers Age Limit) Order, 1999 • Circular LG (P) 4/99 Recruitment to posts for which the Leaving Certificate is a requirement • Circular LG (P) 7/99 Local Government (Major Offices) Order, 1999 • Circular LG (P) 10/99 Local Authorities (Officers and Employees) Act, 1926 Local Authorities (Declaration of Offices) Order, 1999 • Circular Letter LGP 11/99 Recruitment of Directors of Community and Enterprise • Circular Letter LG (P) 2/00 Extension of the Common Recruitment Pool – Amendment to Qualifications and Particulars of Office • Circular Letter LG (P) 6/00 Recruitment to posts for which the Leaving Certificate or an examination of equivalent standard is a requirement Page 174 of 174 • Circular Letter LGP 9/00 Better Local Government – a Programme for Change • Circular Letter LGP 12/01 Better Local Government – Confined Competitions • Circular Letter LG (P) 13/01 Garda Clearance for Local Authority Social Workers • Letter of 21st June 2001 Qualifications and Particulars for the new office of Head of Finance • Circular Letter EL 10/2001 Re: Clerk of Works • Circular Letter LGP 16/01 1. Local Government (Declaration of Duties of Office – Local Authority Professional Officers) Order, 2001 and 2. Director of Services and County / City Engineer – Particulars of Office • Circular Letter LGP 7/02 Arts Officer and Archivist • DoEHLG Letter of 7th February 2002 Recruitment of Community and Enterprise Development Officers to serve as Local Co-ordinators for the Rapid Programme • Circular Letter LG (P) 03/02 Creation of new information systems employments • Circular Letter EL 1/02 Remuneration of County and City Librarians • Circular Letter LGP 10/02 Local Authorities (Declaration of Offices) Order, 2002 • DoEHLG Letter of 20th November 2002 Clerk of Works / Building Inspector • DoEHLG Letter of 17th June 2003 Partnership Facilitators Page 175 of 175 • Circular Letter LG (P) 18/03 Protection of Employees (PartTime Work) Act, 2001 and Protection of Employees (FixedTerm Work) Act, 2003 – Amendment of Qualifications • Circular LG (P) 05/04 Amendment of Clerical Officer Qualifications • Circular LG (P) 08/04 – Assistant Staff Officer Qualifications • Circular LG (P) 11/04 Amendment of Library Assistant, Library Assistant (Special) Qualifications • Circular Letter EL 04/07 Administrative Officer Posts – Community & Enterprise Function, formerly employed as Community & Enterprise Development Officers • Circular LG (P) 12/07 Revised Fire Service Qualifications • Circular Letter LG (P) 14/07 Towards 2016, Filling of 20% of posts at Grade V to Grade VII by open competition • Circular Letter LG (P) 05/09 Implementation of Savings Measures on Public Service Numbers • Circular Letter LG (P) 07/09 Implementation of Savings Measures on Public Service Numbers • Circular Letter LG (P) 13/09 Staffing Moratorium • Circular Letter LG (P) 05/10 Health & Safety Officer Qualifications • Various Circular Letters LG Public Sector Employment – Local Authority Staffing Returns • Various Circular Letters LG Public Sector Employment Statistics for the 3% Target for the Employment of People with Disabilities in the Public Service Page 176 of 176 Conditions of employment Legislation • Local Authorities (Officer and Employees) Act, 1926 • Local Authorities (Officer and Employees) Act, 1940 • Local Government Act, 1941 • Local Government Act, 1946 • Local Government Act, 1955 • County & City Management (Amendment) Act, 1955 • Local Authorities (Officer and Employees) Act, 1983 • Payment of Wages Act, 1991 • Section 47 of the Local Government Act, 1991 • Organisation of Working Time Act, 1997 • National Minimum Wage Act, 2000 • Minimum Notice and Terms of Employment Acts, 1973-2001 • Unfair Dismissals Acts, 1977-2001 • Terms of Employment (Information) Acts 1994-2001 • Part 14, Chapter 4 of the Local Government Act, 2001 • Protection of Employees (Part-Time Work) Act, 2001 • Redundancy Payments Acts, 1967-2003 • Section 159 (3) a and b Local Government Act 2001 • Employment Permits Act 2003 • Protection of Employees (Fixed-Term Work) Act 2003 Regulations • Sections 10 & 20 of the Local Government Act, 1941 Page 177 of 177 • S. R. & O. 1943 No. 161 Local Government (Officers) Regulations, 1943 • Article 32 (1) Local Government (Officers) Regulations, 1943 • Article 32 (2) of the Local Government (Officers) Regulations, 1943 • S. I. No. 140 of 1957 Age Limit Order, 1957 • Local Government (Irish Language) Regulations, 1966 • Local Government (Appointment of Officers) Regulations, 1974 • S. I. No. 128 of 1991 Local Government (Tenure of Office) Order, 1991 • Local Government (Appointment of Officers) (Amendment) Regulations, 1997 • S. I. No. 221 of 2000 Local Government (Tenure of Office) Order, 2000 • Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001 Guidelines and circulars • Circular Letter EL 7/52 Local Government Officers • Circular Letter EL 5/67 Starting Pay on Appointment or Promotion • DoEHLG Letter of 29/7/75 Starting Pay on Promotion • Circular Letter EL 7/75 – Re-grading of Clerical & Administrative Staff • Circular Letter EL 4/76 Starting Pay of Clerical Officers appointed to A.S.O. posts Page 178 of 178 • Circular Letter EL 1/81 (additional increments for post graduate experience – engineering grades) • Circular Letter LA (P) 11/85 – Rationalisation of Rate/Revenue Collection Arrangements • Circular Letter LA (P) 23/86 Employment of Officers over the Age Limit Extension • Circular Letter LA (P) 2/92 Local Government (Tenure of Office) Order, 1991 • Circular Letter LA (P) 8/94 Provisions in Part (IX) of the Local Government Act, 1994 relating to Local Authority Personnel Matters • Circular Letter LA (P) 4/96 Devolution of Responsibility for Personnel Matters • Circular Letter LS (P) 6/96 – Employment of People with Disabilities • Circular Letter EL 8/96 Senior Fire Officers Rostering Agreement • Circular Letter EL 10/96 Site Supervision for Capital Projects – Engineering Posts • Circular Letter EL 11/96 Site Supervision for Capital Projects: Site Technician /Clerk of Works Posts • Circular Letter LA (P) 4/96 – Amendment of Qualifications • Circular Letter LA (P) 3/97 – Recruitment of Clerical Administrative Grades • Circular Letter LA (P) 4/97 – Recruitment of Technician Grades • Circular Letter LA (P) 6/97 – Recruitment of Posts for which the Leaving Certificate is a Requirement Page 179 of 179 • Circular Letter EL 18/97 Starting Pay on Promotion • Circular LGP 7/2000 Local Government Act, 2000: Local Government (Tenure of Office of Managers) Regulations, 2000: Local Government (Tenure of Office) Order, 2000 • Circular Letter EL 8/00 Retained Fire-fighters 1999 Agreement • Circular Letter LGP 9/00 Better Local Government – a Programme for Change • Local Authorities (declaration of Offices Order) 2002 • Local Authorities (declaration of Offices Order) No 2 2002 • DoEHLG Letter of 11th July, 2002 Scheme of Performance Related Awards for Managers, Assistant Managers and Directors of Services • DoEHLG Letter of 13th August, 2002 Scheme of Performance Related Awards • Local Authorities (declaration of Offices Order) 2003 • Circular Letter LG (P) 11/03 Scheme of Performance Related Awards for Managers, Assistant Managers and Directors of Services • Circular Letter EL 9/2003 Re: Craftworkers Parallel Benchmarking / Analogue Review • Circular Letter LA (P) 13/03 – Protection of Employees (Fixed Term Work) Act, 2003 • Circular Letter EL 4/2004 Re: General Operative and Related Grades (including Waterworks and Sewerage Caretakers, Retained Fire-fighters and Traffic Wardens) • Circular Letter LG (P) 5/04 – Amendment of Clerical Officer Qualifications Page 180 of 180 • Circular Letter LG (P) 5/04 – Amendment of Staff Officer Qualifications • DoEHLG Rule on promotion of a servant to an officer grade • DoEHLG Periodic Notifications of revision of remuneration in line with National Wage Agreements etc. • Dept. OF Enterprise, Trade & Employment - Protection of Employees (Fixed-Term Work) Act 2003 – Explanatory Booklet for Employers and Employees • Circular Letter E.L. 08/2005 Calculation of acting up allowances and incremental credit on promotion • Department of Environment rule on promotion of a servant to an officer grade • Qualifications & Particulars of Office for each Post as laid down by the DoEHLG Core HR/payroll Legislation • Section 10 and 22 of the Local Government Act, 1941 • Section 29 and 30 of the Local Government Act, 1941 • Section 42 of the Local Government Act, 1946 • Section 9 of the Local Government Act, 1955 • Section 20 of the Local Government Act, 1955 • Payment of Wages Act, 1991 • National Minimum Wage Act, 2000 • Section 158 (1) a Local Govt Act 2001 Page 181 of 181 Regulations • S. R. & O. 1943 No. 161 Local Government (Officers) Regulations, 1943 • Articles 11, 12 and 13 of Local Government (Officers) Regulations, 1943 • Article 21 of Local Government (Officers) Regulations, 1943 Guidelines and circulars • Circular Letter EL 7/52 Local Government Officers • Circular Letter EL 5/67 Starting Pay on Appointment or Promotion • Circular Letter EL 15/70 Recoupment of Salaries and Chargeable Expenses (Secondment) • Letter of 29/7/75 Starting Pay on Promotion • Circular Letter EL 4/76 Starting Pay of Clerical Officers appointed to A.S.O. posts • Circular Letter 4/79 Incremental Credit for temporary service • Circular Letter LA (P) 3/80 Overtime • Circular Letter EL 1/81 (additional increments for post graduate experience – engineering grades) • Circular EL 1/89 Overtime • Circular Letter EL 3/95 Increments for Temporary Staff / Incremental Credit • Circular Letter EL 9/96 Remuneration of Substitutes • Circular Letter EL 14/96 credit for temporary service and previous permanent service for incremental purposes • Circular Letter EL 17/97 Overtime Page 182 of 182 • Circular Letter EL 18/97 Starting Pay on Promotion • Circular Letter EL 7/00 ‘Personal to holder’ Long Service Increments and Age Related Pay Scales • Circular Letter EL 8/00 Retained Fire-fighters 1999 Agreement • Circular Letter LGP 9/00 Better Local Government – a Programme for Change • Circular Letter EL 9/01 Clerical Officers and Analogous Grades – Permanent and Temporary staff – Incremental credit • Circular Letter EL 04/02 Car Allowances and Substitution Allowances • DoEHLG Letter of 11th July, 2002 Scheme of Performance Related Awards for Managers, Assistant Managers and Directors of Services • DoEHLG Letter of 13th August, 2002 Scheme of Performance Related Awards • Circular Letter LG (P) 11/03 Scheme of Performance Related Awards for Managers, Assistant Managers and Directors of Services • Circular Letter EL 9/2003 Re: Craftworkers Parallel Benchmarking / Analogue Review • Circular Letter EL 4/2004 Re: General Operative and Related Grades (including Waterworks and Sewerage Caretakers, Retained Fire-fighters and Traffic Wardens) • Circular Letter EL 02/08 Full-time Firefighters – Application of increases under Section 27.17 of Towards 2016 Page 183 of 183 • Circular Letter EL 3/08 Assistant Engineers and Analogous Grades • Granting of Incremental Credit • Periodic Notifications of revision of remuneration in line with National Wage Agreements etc. Removal expenses and travel and subsistence Regulations • Local Government (Officers) Regulations, 1943 Guidelines and circulars • Circular Letter EL 13/78 – Removal Expenses Scheme • Circular Letter LG (P) 1/00 Payment of lodging allowances under removal expenses scheme • Circular LA (P) 10/04 – Removal Expenses • Periodic Circulars Payments allowable under the removal expenses scheme • Periodic Circular revising rates for removal expenses • Periodic Circular revising rates for Travel & Subsistence expenses Pensions (superannuation) Legislation • Local Government (Superannuation) Act, 1956 • Pensions (Increase) Act, 1964 • Pensions (Abatement) Act, 1965 • Local Government (Superannuation) Act, 1980 Page 184 of 184 • S. 54 of the Pensions Act 1990-1996 • Family Law Act, 1995 • Family Law (Divorce) Act, 1996 • Local Government (Superannuation) Consolidation Scheme 1998 • Pensions (Amendment Act), 2002 • Public Service Superannuation (Miscellaneous Provisions) Act 2004 Regulations and schemes • S. I. No. 346 of 1984 Local Government (Superannuation) (Gratuities) Regulations, 1984 and amendments • Local Government (Superannuation) Act 1956 (Consolidation) Scheme, 1987 • Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 • Local Government Spouses and Children Scheme, 1986 • S. I. No. 215 of 1991 Occupational Pension Schemes (Disclosure of Information) Regulations • S. I. No. 84 of 1997 Circuit Court Rules • S. I. No. 349 of 1998 Disclosure Regulations • S. I. No. 362 of 1998 Vocational Education Superannuation Schemes (Transfer of Departmental Administration and Ministerial Functions) Order, 1998 • S. I. No. 455 of 1998 Local Government (Superannuation) (Consolidation) Scheme, 1998 • S. I. No. 288 of 2002 Local Government (Superannuation) (Consolidation) (Amendment) Scheme, 2002 Page 185 of 185 • S. I. No. 397 of 2003 Pensions Ombudsman Regulations, 2003 • S. I. No. 178 of 2004 Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2004 Guidelines and circulars • Circular Letter EL 41/75 Local Government (Superannuation) Act, 1956 Marriage Gratuities • Circular Letter EL 3/92 • Circular Letter S 14/95 Reckonability for Pension Purposes of Service Abroad with APSO • Circular Letter of 30/3/95 Introduction of Full PRSI • Circular Letter LA 6/95 Revised social insurance status and conditions of service of certain local authority officers • Circular Letter S 17/97 Reckonability of Acting-Up Payments for Superannuation Purposes • Circular Letter S 18/98 Pensionability of Temporary Wholetime Officers • Circular Letter S 21/98 Transfer of responsibility for the superannuation of VEC teachers to the Department of Education and Science • Circular Letter S 24/98 Revised Forfeiture Provisions under the Local Government Superannuation Code • Circular Letter S 25/98 Additional Voluntary Contributions (AVC’s) • Circular Letter S 1/99 Local Government (Superannuation)(Consolidation) Scheme, 1998 Page 186 of 186 • Circular LG (P) 18/99 Superannuation of Directors of Community and Enterprise • Circular Letter S 8/99 Dispensing with probate in certain areas • Circular Letter S 9/99 Additions to service in the case of illhealth retirements • Circular Letter S 10/99 Supplementary Pensions • Circular Letter S 3/00 Additional Voluntary Contributions (Retirement Benefits) Plans (A.V.C.’s) • Circular Letter S 6/00 Application of a Personal Long Service Increment (LSI) to Pensioners • Circular Letter S 9/00 Payment of a Death Gratuity in respect of a whole-time employee who dies during the qualifying period for pensionability • Circular Letter S 5/2001 Transfer of responsibility for the superannuation of Institute of Technology and VEC staff (other than vocational teachers) to the Department of Education and Science • Circular Letter of 1st March, 2001 Better Local Government Pension Issues • Circular Letter S.8/2001 Tax Deduction from Refunds made under the Purchase of Notional Service Scheme • Circular Letter S. 10/2001 Increase in Retirement Lump Sum • Circular Letter S. 17/2001 Local Government Superannuation Scheme – Budget 2002 • Circular Letter S. 1/2002 Family Law Legislation and the Administration of Public Service Pensions Page 187 of 187 • Circular Letter S. 2/2002 Superannuation Contributions – Officers on full PRSI • Circular Letter S. 4/2002 1. Equalisation of Pension Provisions for all Local Authority Staff 2. Superannuation Implications of the Protection of Employees (Part-Time Work) Act, 2001 • Circular Letter S. 6/2002 Reduction in Qualifying Period for Preserved Benefits • Circular Letter of 21st August, 2002 Better Local Government - Pensions Issues • Circular Letter S. 10/2002 Additional Voluntary Contributions (AVCs) - SIPTU Officer Grades • Circular Letter S. 13/02 Superannuation Seminars (questions and answers) • Circular Letter S. 14/02 Pensionability of Temporary Wholetime Officers Employed by Local Authorities • Circular Letter S. 15/2002 Pensionability of Part-Time Staff • Circular Letter S. 1/2003 Abolition of the qualifying period for pensionability for whole-time non-officers • Circular Letter S. 2/2003 Possible Tax Refunds to Certain Widows • Circular Letter S. 3/2003 Pensions (Amendment) Act, 2002 – Remittance of contributions within 21 days • Circular Letter S.11/2003 Personal Retirement Savings Accounts (PRSAs) • Circular Letter S.12/2003 Personal Retirement Savings Accounts (PRSAs) Page 188 of 188 • Circular Letter S. 13/2003 Pensions Ombudsman – Procedures for Internal Resolution of Disputes • Circular Letter LG (P) 19/03 Retained Fire-fighters – Review of Retirement Age; Retirement Gratuity • Circular Letter S.1/2004 Pensions Ombudsman – Procedures for Internal Resolution of Disputes • Circular Letter S.3/2004 Pension Increases – Waterworks and Sewerage Caretakers • Circular Letter S.4/2004 Public Service Superannuation (Miscellaneous Provisions) Bill 2004 • Circular Letter S.5/2004 Public Service Superannuation (Miscellaneous Provisions) Act 2004 • Circular Letter S. 16/2004 – Responsibility for Payment of VEC/IOT Pensions • Circular Letter S. 4/2005 – Award of Professional Added Years for New Entrants retiring from a professional post • Circular Letter S. 6/2005 – Introduction of Cost Neutral Early Retirement Scheme • Circular Letter S. 18/2005 – Revised arrangements for Parttime Public Servants • Circular Letter S. 17/2006 – Purchase of Notional Service • Circular Letter S. 9/2007 – Payment of Superannuation contributions in respect of previous temporary and part-time service • Circular Letters S. 11/07 (Latest Revision of Local Govt. Superannuation Scheme 1998) • Circular Letter S. 1/2008 – Retained Fire-fighters Revised Superannuation Arrangements Page 189 of 189 • Circular Letter S. 4/2009 – Revised method of reckoning pensionable allowances for pension purposes • DoEHLG Revisions of the Guide to Local Authority Superannuation • DoEHLG Local Government Superannuation Scheme – Annual Reports • Pensions Board Guidance Notes (Family Law Acts), April 1997 • Pensions Board A Brief Guide • Computer System for the Local Government Superannuation Scheme, Version 8.05 (Superannuation Scheme Management System – SSMS) • Explanatory Booklet on the Local Government Superannuation Scheme – 1956 Scheme Employees, December 2001 • Explanatory Booklet on the Local Government Superannuation Scheme – 1956 Scheme Officers, December 2001 • Explanatory Booklet on the Local Government Superannuation Scheme – Revision Scheme Employees, December 2001 • Explanatory Booklet on the Local Government Superannuation Scheme – Revision Scheme Officers Paying Modified (Class D) PRSI, December 2001 • Explanatory Booklet on the Local Government Superannuation Scheme – Revision Scheme Officers Paying Full (Class A) PRSI, December 2001 Page 190 of 190 • Explanatory Booklet on the Local Government Superannuation Scheme – Temporary Wholetime Officers Appointed Prior To 6 April 1995, December 2001 • Explanatory Booklet on the Local Government Superannuation Scheme – Temporary Whole-time Officers Appointed On or After 6 April 1995, December 2001 Work sharing Guidelines and circulars • Circular LA (P) 11/86 – Job Sharing Scheme • Circular LA (P) 18/87 – Reduction in Local Authority Staff Numbers • Circular Letter LG (P) 13/02 – Local Authority Worksharing Scheme • Circular Letter LG (P) 22/04 – Local Authority Worksharing & Social Insurance Contributions • Circular Letter LP (G) 13/07 • Worksharing & Social Insurance Contributions • Circular Letter LP (G) 11/08 Worksharing & Social Insurance Contributions Leave entitlements Legislation • Holidays and Employees Act, 1973-1991 • Worker Protection (Regular Part Time Employees) Act, 1991 • Organisation of Working Time Act, 1997 • The Parental Leave Act 1998 Page 191 of 191 • Carers Leave Act 2001 Regulations • Art. 22 and 23 Local Government (Officers) Regulations, 1943 • Holidays (Employees) Act, 1973 • (Public Holidays) Regulations, 1993 • Social Welfare (Consolidated Payments Provisions) (Amendment) (No.2) Regulations, 1995 • S. I. No. 475 of 1997 Organisation of Working Time (Determination of Pay for Holidays) Regulations, 1997 • Organisation of Working Time (records) Regulations 2001 Guidelines and circulars • Circular Letter EL 7/52 Local Government Officers (Part F – Leave) • Circular Letter EL 12/71 Special Leave (Interviews) • Circular Letter EL 59/75 Special Leave with pay on marriage • Circular Letter EL 59/75 - Marriage • Circular Letter EL 12/71 – Interview Leave • Circular Letter LA (P) 19/80 & 4/98 - Study/Exam Leave • Circular Letter 18/80 – Death/ Family Circumstances/Anticipation of Annual Leave • Circular Letter LA (P) 10/81 - Training with Defence Forces • Circular Letter LA (P) 12/88 – Special Leave on the Death of a Child • Dept. of Finance Circular 28/91 Special Leave for domestic reasons Page 192 of 192 • Circular Letter LA 6/95 Revised social insurance status and conditions of service of certain local authority officers • Circular Letter LA (P) 4/96 – Devolution of Responsibility for Personnel Matters • Circular Letter LG (P) 3/99 Organisation of Working Time Act, 1997 – Entitlement of Jobsharers to the benefit of public holidays • Circular Letter LG (P) 5/2000 Paternity Leave • Circular Letter LG (P) 5/01 Changes in Maternity Leave and Adoptive Leave • Circular LG (P) 11/02 – Term Time Leave Scheme • Circular Letter LG (P) 12/02 Amendments to Parental Leave Entitlement (Age & Disability) • Circular Letter LG (P) 07/03 – Public Holiday Entitlement • Circular letter LG (P) 06/03 - Term time leave • Circular LG (P) 20/06 – Term Time Leave Scheme • Circular Letter EL 09/09 – Shorter Working Year Scheme Maternity, adoptive and parental leave Legislation • Maternity Protection Act, 1994 • Adoptive Leave Act, 1995 • Parental Leave Act, 1998 • Part 14, Chapter 4 of the Local Government Act, 2001 • Maternity Protection (Amendment) Act 2004 Page 193 of 193 Regulations • S. I. No. 446 of 1994 Safety, Health and Welfare at Work (Pregnant Employees, etc) Regulations, 1994 • S. I. No. 446 of 1994 Maternity Protection (Disputes & Appeals) Regulations, 1995 • S. I. No. 18 of 1995 Maternity Protection (Time off for AntiNatal & Post-Natal Care) Regulations, 1995 • S. I. No. 19 of 1995 Maternity Protection (Health & Safety Leave Certification) Regulations, 1995 • S. I. No. 20 of 1995 Maternity Protection (Health & Safety Leave Remuneration) Regulations, 1995 • S. I. No. 195 of 1995 Adoptive Leave (Referral of Disputes and Appeals) (Part V) Regulations, 1995 • European Communities (Parental Leave) Regulations, 2000 Guidelines and circulars • Circular Letter EL 7/52 Local Government Officers (Part F – Leave) • Circular Letter LA (P) 15/81 Maternity Leave • Circular Letter LA (P) 7/84 Adoptive Leave • Circular Letter LA (P) 11/88 Public Holidays in periods of Maternity Leave • Circular Letter LA 6/95 Revised social insurance status and conditions of service of certain local authority officers • Circular Letter LA (P) 4/96 Devolution of Responsibility for Personnel Matters Page 194 of 194 • Circular Letter LG (P) 3/99 Organisation of Working Time Act, 1997 – Entitlement of Jobsharers to the benefit of public holidays • Circular Letter LG (P) 5/2000 Paternity Leave • Circular Letter LG (P) 5/01 Changes in Maternity Leave and Adoptive Leave • Circular Letter LG (P) 12/02 Amendments to Parental Leave Entitlement (Age & Disability) • Circular Letter LG (P) 07/03 Public Holiday Entitlement • Circular Letter LG (P) 21/03 Amendment to Parental Leave Entitlement (Age) • Circular Letter LG (P) 18/04 – Parental Leave & Sick Leave • Explanatory Note on the amendment of 8th February, 2001 of the Maternity Protection Act, 1994 • Explanatory Note on the amendment of 8th February 2001 of the Adoptive Leave Act, 1995 Carer’s leave Legislation • Carers Leave Act 2001 Sick leave scheme (officers) Regulations • Section 20 of the Local Government (Officers) Regulations, 1943 Guidelines and circulars • DoEHLG Circular Letter EL 7/52 – Local Government Officers Page 195 of 195 • DoEHLG Circular Letter LA (P) 17/80 – Sick Leave • DoEHLG Circular Letter LA (P) 6/95 - Revised social insurance status and conditions of service of certain local authority officers • DoEHLG Circular Letter LA (P) 5/93 – Payment of Salary to Officers on Extended Sick Leave • DoEHLG Circular Letter LA 6/95 Revised social insurance status and conditions of service of certain local authority officers • Local Attendance Management Policy Sick leave scheme (employees) Guidelines and circulars • Circular Letter LA 6/95 Revised social insurance status and conditions of service of certain local authority officers • Local Attendance Management Policy Career break Guidelines and circulars • Circular Letter LA (P) 18/84 - Career Breaks • Circular Letter LA 7/86 - Career Breaks in the Local Authority Service • Circular LA (P) 18/87 - Reduction in Local Authority Staff Numbers • Circular LA (P) 1/93 – Career Breaks in the Local Authority Service • Circular Letter LA (P) 4/96 Devolution of Responsibility for Personnel Matters Page 196 of 196 • Circular Letter LG (P) 8/2000 Career Break and Job-Sharing Schemes • Circular Letter LG (P) 22/04 • Circular Letter LG (P) 08/08 Local Authority (Consolidated) Career Break Scheme • Circular Letter EL 08(a) 2009 Special local authority incentive career break scheme 2009 Staff learning and development Guidelines and circulars • Circular Letter LA (P) 19/80 Study Leave • Circular Letter LA (P) 6/83 Fees for third-level courses of education • Circular Letter LA (P) 4/96 Devolution of Responsibility for Personnel Matters • Circular Letter LA (P) 4/98 Fees and Study Leave for Third Level Courses of Education • Successive National Wage Agreements • Sectoral Action Plans required for Public Sector Benchmarking • Local Training Policy • Local CPD Policy • Local Mentoring Policy • Local PMDS Policy Page 197 of 197 Suspensions Legislation • County Management Act, 1940 • Local Government Act, 1941 • Local Government Act, 1955 • Local Government Act, 1994 • Part 14, Chapter 4 of the Local Government Act, 2001 Regulations • Sections 10 & 20 of the Local Government act, 1941 • S. R. & O. 1943 No. 161 Local Government (Officers) Regulations, 1943 • Article 32 (1) Local Government (Officers) Regulations, 1943 • Article 32 (2) of the Local Government (Officers) Regulations, 1943 • S. I. No. 140 of 1957 Age Limit Order, 1957 • Local Government (Appointment of Officers) Regulations, 1974 • Local Government (Officers) Regulations, 1983 Guidelines and circulars • Circular Letter LA (P) 8/94 Provisions in Part (IX) of the Local Government Act, 1994 relating to Local Authority Personnel Matters Circular Letter LA (P) 4/96 – Ex-Gratia Payments to officers under Suspension Page 198 of 198 Termination of employment Legislation • County Management Act, 1940 • Unfair Dismissals Acts, 1977 – 1993 • Redundancy Payments Acts, 1967 – 2003 • Protection of Employments Act, 1997 • Payment of Wages Act, 1991 • Organisation of Working Time Act, 1997 • National Minimum Wage Act, 2000 • Local Government Act, 2000 • Minimum Notice and Terms of Employment Acts, 1973-2001 • Terms of Employment (Information) Acts 1994-2001 • Part 14, Chapter 4 of the Local Government Act, 2001 • Protection of Employees (Part-Time Work) Act, 2001 • Protection of Employees (Fixed-Term Work) Act 2003 Regulations • Sections 10 & 20 of the Local Government act, 1941 • S. R. & O. 1943 No. 161 Local Government (Officers) Regulations, 1943 • Article 32 (1) Local Government (Officers) Regulations, 1943 • Article 32 (2) of the Local Government (Officers) Regulations, 1943 • S. I. No. 140 of 1957 Age Limit Order, 1957 • Local Government (Appointment of Officers) Regulations, 1974 Page 199 of 199 • Local Government (Officers) Regulations, 1983 • S. I. No. 128 of 1991 Local Government (Tenure of Office) Order, 1991 • Local Government (Appointment of Officers) (Amendment) Regulations, 1997 • S. I. No. 221 of 2000 Local Government (Tenure of Office) Order, 2000 • Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001 Guidelines and circulars • Circular Letter EL 7/52 Local Government Officers • Circular Letter LA (P) 23/86 Employment of Officers over the Age Limit Extension • Circular Letter LA (P) 2/92 Local Government (Tenure of Office) Order, 1991 • Circular Letter LA (P) 8/94 Provisions in Part (IX) of the Local Government Act, 1994 relating to Local Authority Personnel Matters • Circular Letter LA (P) 4/96 Devolution of Responsibility for Personnel Matters • Circular Letter LS (P) 6/96 – Employment of People with Disabilities • Circular Letter EL 10/96 Site Supervision for Capital Projects – Engineering Posts • Circular Letter EL 11/96 Site Supervision for Capital Projects: Site Technician / Clerk of Works Posts Page 200 of 200 • Circular LGP 7/2000 Local Government Act, 2000: Local Government (Tenure of Office of Managers) Regulations, 2000: Local Government (Tenure of Office) Order, 2000 • Circular Letter LGP 9/00 Better Local Government – a Programme for Change • Circular Letter LA (P) 13/03 – Protection of Employees (Fixed Term Work) Act, 2003 • Dept. of Enterprise, Trade & Employment - Protection of Employees (Fixed-Term Work) Act 2003 – Explanatory Booklet for Employers and Employees • Local Authorities (declaration of Offices Order) 2003 • Local Authorities (declaration of Offices Order) 2002 • Local Authorities (declaration of Offices Order) No 2 2002 • Qualifications & Particulars of Office for each Post as laid down by the DoEHLG Extension beyond the age limit Regulations • Age Limit Order, 1957 • Section 158(1) C Local Government Act 2001 Guidelines and circulars • Circular Letter LA (P) 23/86 Rules of conduct Legislation • Local Government Act, 2001 Section 159 (5) (a-d) Page 201 of 201 Regulations • Local Government (Officers) Regulations, 1984 Guidelines and circulars • Circular Letter EL 2/60 Rules of Conduct • Circular Letter EL 48/74 Rules of Conduct for Officers of Local Authorities • Circular Letter LA (P) 10/84 Engaging in Private Practice • Circular Letter LA (P) 3/96 Engaging in Private Practice and Declaration of Interests • Circular Letter LG (P) 13/04 Code of Conduct for Employees • National Code of Conduct for Local Government Employees 2005 • DoEHLG Letter of 13th March, 2007 Newly updated and translated Code of Conduct for Employees • Local Code of Conduct Document • Local Communications Policy Ethical framework for local government service Legislation • Local Government Act 2001 Section 166 - 182 Guidelines and circulars • Circular LG 24/02 Local Government Act, 2001 – New Ethical Framework for Local Government Service • Circular LG 77/3/15 Part2 New Ethics Framework – Annual Declaration and Public Register Page 202 of 202 Industrial and employee relations Legislation • Industrial Relations Acts, 1946 – 1990 • Holidays (Employees) Acts, 1973 & 1991 • Payment of Wages Act, 1991 • Minimum Notice and Terms of Employment Acts, 1973 – 1991 • Terms of Employment (Information) Act, 1994 • Maternity Protection Act, 1994 • Adoptive Leave Act, 1995 • Organisation of Working Time Act, 1997 Regulations • Local Government (Officers) Regulations, 1943 • Local Government (Officers) Regulations, 1984 Guidelines and circulars • Local Grievance & Disciplinary Policies • Local Dignity at Work Policy • Employment Agreements • Labour Court Decisions • Labour Relations Commission Decisions • Employment Appeals Tribunal Decisions Equality Legislation • Anti-Discrimination (Pay) Act, 1974 Page 203 of 203 • Employment Equality Act, 1977 • Employment Equality Acts, 1998 – 2007 • Equal Status Act, 2002 Safety, Health & Welfare Act 2005 Guidelines and circulars • Circular Letter LG (P) 10/98 Equality Action Programme • DoEHLG Code of Practice for the Employment of People with Disabilities in the Local Authority Service, July 1999 • Dignity at Work Policy Maternity Policy • Code of Practice for the employment of people with disabilities. Workplace partnership Guidelines and circulars • Partnership 2000 and subsequent national wage agreements between the social partners • Framework Document for partnership in Local Authorities • Deepening Partnership in Local Government/Strategic Plan 2003-2005 • Circular Letter LG (P) 02/2008 Corporate services Rules, guidelines and precedents used by the corporate services section of Clare County Council. Page 204 of 204 Courts accommodation • Courthouse (Provision and Maintenance) Act 1935. Twinning • Local Government (Planning & Development) Act, 1976 • Local Government Act 1991 • Local Government Act 2001 Annual report • Local Government Act 1991 • Department of the Environment L.G. 24/7 (1992) • Local Government Act 2001 Malicious injury claims • Malicious Injury Act 1981 • Malicious Injury (Amendment) Act 1986 Permit for events • Local Policy and Procedure Freedom of information Description All requests for information received under the Freedom of Information Acts, 1997 – 2003 are processed by the Freedom of Information Officer. The Section of the Section 15 Reference Book ‘Freedom of Information Acts 1997 – 2003 - General Outline’ provides details on how to make a Freedom of Information Request and the time limits which apply and the appeal procedures. Page 205 of 205 Legislation • Freedom of Information Act, 1997 • Freedom of Information (Amendment) Act, 2003 Regulations • FoI Act, 1997 (Section 6 (4), (5) & (6)) Regulations, 1998 • FOI Act 1997 (Local Authority and Health Board) (Commencement) Order, 1998 • FoI Act, 1997 (Section 6 (9)) Regulations, 1998 • FoI Act, 1997 (Section 28 (1)) Regulations, 1998 • FoI Act, 1997 (Section 47 (3)) Regulations, 1998 • FoI Act, 1997 (Section 17) Regulations, 1998 • FoI Act, 1997 (Section 18) Regulations, 1998 • FoI Act, 1997 (Section 25 (6) Regulations, 1998 • FoI Act, 1997 (Section 47 (3)) (Amendment) Regulations, 1998 • FoI Act, 1997 (First Schedule) (Amendment) Regulations, 1998 • FoI Act, 1997 (Third Schedule) (Amendment) Regulations, 1998 • FoI Act, 1997 (Section 6 (4)(b)) Regulations, 1999 • FoI Act, 1997 (Section 28 (6)) Regulations, 1999 • FoI Act, 1997 (First Schedule) (Amendment) Regulations, 1999 • FoI Act, 1997 (Prescribed Bodies) Regulations, 1999 • FoI Act, 1997 (Prescribed Bodies) Regulations, 2000 • FoI Act, 1997 (Prescribed Bodies) (No. 2) Regulations, 2000 Page 206 of 206 • FoI Act, 1997 (Prescribed Bodies) (No. 3) Regulations, 2000 • FoI Act, 1997 (Prescribed Bodies) Regulations, 2001 • FoI Act, 1997 (Prescribed Bodies) (No. 2) Regulations, 2001 • FoI Act, 1997 (Prescribed Bodies) (No. 3) Regulations, 2001 • FoI Act, 1997 (Prescribed Bodies) (No. 4) Regulations, 2001 • FoI Act, 1997 (Classes of Health Professionals) Regulations, 2001 • FoI Act, 1997 (Prescribed Bodies) Regulations, 2002 • FoI Act, 1997 (Prescribed Bodies) (No. 2) Regulations, 2002 • FoI Act, 1997 (Miscellaneous Revocations) Regulations, 2003 • FoI Act, 1997 (Fees) Regulations, 2003 • FoI Act, 1997 (Prescribed Bodies) Regulations, 2003 • FoI Act, 1997 (Prescribed Bodies) Regulations, 2006 • FoI Act, 1997 (Section 17 (6)) Regulations, 2009 • FoI Act, 1997 (Section 18 (5)(a)) Regulations, 2009 • FoI Act, 1997 (Section 28 (6)) Regulations, 2009 Precedents • Decisions of the Information Commissioner 1998 to date Guidelines and circulars • Freedom of Information (Amendment) Act, 2003 Explanatory Notes • DoEHLG Circular Letter LG (P) 08/03 – Amendment Act, 2003 Page 207 of 207 • DoEHLG Circular Letter LG (P) 10/03 – FoI (Fees) Regulations, 1998, FoI Section 17 (6) Regulations, 2003, FoI Section 18(5A) Regulations, 2003 • DoEHLG Circular Letter LG (P) 12/03 – FoI & EU Complaints • Circular Letter BC 4/99 – FOI Act, 1997 “Tender Notices – Commercially Sensitive Information • LGMSB Publication (2002) – National Records Retention Policy for Local Authority Records • CPU (Central Policy Unit) Guidelines Further information • www.foi.gov.ie • www.oic.gov.ie Meetings of council and committees of the council Standing order for meetings of council • Application for Enactments Order 1898 (Article 35) • Local Government Act 1955 Section 62 • Local Government Act 1994 • Local Government Act 2001 Statutory meetings of council • City & County Management Act 1955 – Estimates Meeting • Application of Enactments Order 1898 (Article 35) – Annual meeting of County Council • Application of Enactments Order 1898 (Article 36) – Quarterly meeting of County Council Page 208 of 208 • Standing Order of Council (Local) – Ordinary meetings of Councils • Procedure at Meetings: Standing Orders (adopted February 2000) • Local Government Act 2001 Other meetings of council • Standing Orders – Monthly Meetings Committees of council • City & County Management (Amendment) Act 1955 Section 7 • Local Government (Reorganisation) Act 1985 Section 27 • Local Government Act 1991 • Local Government Act 2001 • Better Local Government – A Programme for Change Payments to members of council for attendance at meetings • Local Government Act 2001 • Department of the Environment Circular Letter L.G. 49/2 • Periodic Department of the Environment and Local Government Circulars – Current Circular EL 221/2A. Circulars amending rates thereof Loudspeaker licences • Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 Page 209 of 209 Health and safety • Safety, Health and Welfare at Work Act, 2005 and associated regulations • Clare County Council’s Parent Safety Statement • Clare County Council’s Safety Management System Advertising • Various statutes re. Obligation to publish statutory notices • Value for Money Report • Local policy on report Receipt and recording of tenders • Local Policy on Tender Procedures & City and County Management (Amendment) Act, 1955 Archives • Local Government Act 1994 • Local Government Act 2001 Special schools and residential homes • Children’s Act 1941 • Children’s (Amendment Act) 1957 Legislation • Malicious Injuries (Amendment) Act 1986 • Malicious Injuries Act 1981 • Electoral Acts 1992-2002 • Local Government Act 2001 Page 210 of 210 • Road Traffic (Construction Equipment & Use of Vehicles) Regs 1963 • Children’s Act 1941, 1957 and 2001 • Circulars from DOELG • Local Government Act 1941 • Local Elections (Petitions & Disqualifications) Act 1974 Franchise Legislation • Electoral Act 1992 • Electoral Amendment Act 1996 • Electoral Act 1997 • Electoral Amendment Act 2001 • Electoral Amendment Act 2002 • Local Government Act 2001 • Local Government (No. 2) Act 2003 Delegated legislation • Presidential Election and Referendum Regulations, 1997 • Local Elections Regulations, 1995 • European Parliament Elections (Voting and Candidature) Regulations, 1994 • Memorandum of Registration Process, D.O.E., F24/97 Page 211 of 211
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