What We Do

"Superior team"
European Legal 500 2010

The lawyers in the Waste and Water team advise on all aspects of water and waste water projects in Ireland, including licensing and regulation, development, financing and implementation. We are very familiar with the legal, political, planning, environmental, regulatory and other factors that affect waste management in Ireland, having provided strategic legal advice on some of the forerunner projects. In the water and wastewater sector, we have advised on both the public sector and private sector side of design, build, operate (and maintain) contracts for wastewater treatment plants throughout the various contract phases.

Our Waste and Water team’s extensive experience includes:

• advising Irish local authorities on Waste Management Plans
• advising on EU Waste Directive, Waste Management Acts and Irish Regulations, including advice on waste permits
• advising on and drafting contracts for the development of biological treatment facilities, materials recovery facilities and waste-to-energy plants, whether by design-build, design-build-operate or on a full PPP basis
• advising on and drafting waste collection services contracts and contracts for civic amenity sites and bring banks in Ireland
• advising on contracts for landfill and gas utilisation and on the impact of the Landfill Directive and landfill diversion strategies, including pre-treatment;
• advising on the landfill levy regulations
• advising on provision of waste services to householders in Ireland
• advising on the interpretation and application of the “polluter pays” principle at EU level and as applied by the Irish courts
• advising on the interpretation and application of the principles of proximity and self-sufficiency under EU legislation and as applied by An Bord Pleanala and in Ministerial direction
• advising on “put or pay” commitments for waste facilities
• advising on performance monitoring/performance deduction regimes
• advising on contracts for disposal of household hazardous waste
• advising on application of the Strategic Environmental Assessment Regulations in the Irish waste sector
• advising on the impact of the Thematic Strategy for Waste Prevention and Recycling under the Sixth Environment Action Programme of the European Community 2002-2012
• advising on the impact and application of government guidelines and plans regarding waste, including for example, “Changing our ways”, “Delivering change – Preventing and Recycling Waste 2002”, “Taking Stock and Moving Forward” and “National Strategy on Biodegradable Waste”
• advising on competition and state aid issues in the waste sector

Recent waste and water-related experience includes advising:

• the preferred bidder in connection with a Water Recovery Facility – PPP (DBFO)
• the funders of a significant Healthcare National Waste Project
• the developers of a Waste to Energy Project
• local authorities on implementation of waste management plans

Water and Wastewater

We advise our clients on:

• sludge management plans
• design and commissioning issues, including advice on design liabilities and collateral warranties
• compliance with discharge limits
• operational issues including odour and noise control, and the application of the law of nuisance
• performance monitoring
• impacts of changes in legislation in this sector and changes in standards
• performance bonds and parent company guarantees

VAT issues on payments

Recent experience includes:

• advising on design-build-operate-maintain contracts for non-domestic water metering in accordance with the government’s National Water Pricing Policy, implementing the EU Water Framework Directive.

"A progressive firm whose lawyers are commercially minded, diligent and precise in their advice."
Projects: Chambers Europe 2011

The team at Matheson Ormsby Prentice is “professional and personal with an excellent eye for detail”, and “offers a superior service”.
Projects, Energy and Natural Resources: European Legal 500 2011

At Matheson Ormsby Prentice, team head Michael O'Connor is singled out as "responsive, hard-working and commercially minded", and Peter O'Brien "always makes himself available".
Projects, Energy and Natural Resources: European Legal 500 2010

Matheson Ormsby Prentice has built up a strong shipping practice under Helen Noble, commended as "the leading maritime lawyer in Ireland" for her "years of experience in all facets of the maritime field".
Maritime and Shipping: European Legal 500 2010

Matheson Ormsby Prentice has perhaps the most significant UK PFIPPP experience of any Irish firm, and sources confirm that the group is “great at linking with the top UK outfits.”
Projects: Chambers Europe 2010

"They go the extra mile for their clients".
Projects, Energy and Natural Resources: European Legal 500 2009

Michael O'Connor has “experience and knowledge of the local market and local precedents and is proactive in identifying additional opportunities,” remark clients. He stands out for his energy expertise but also garners praise for his considerable project and project finance experience, both in Ireland and internationally.
Projects: Chambers Europe 2008

Working closely with the banking and construction teams, this respected projects practice advises on the full gamut of projects, project finance and PPP work, and has experience of working in the transport, infrastructure, education and energy sectors. Clients praised the lawyers' “quality advice” and work ethic: “They worked as if they were on the battleground”.
Projects: Chambers Europe 2008