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Drainage (Northern Ireland) Order 1973

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II FUNCTIONS OF DRAINAGE COUNCIL AND MINISTRY

    1. 3.Functions of Drainage Council

    2. 4.Submission of particulars with respect to designated watercourses

    3. 5.Right to apply for review of determination of Drainage Council

    4. 6.Ministry to be drainage authority

    5. 7.General powers of the Ministry

    6. 8.Emergency works: watercourses

    7. 9.Emergency works: sea defences

    8. 10.Powers of Ministry in relation to land

  4. PART III DRAINAGE SCHEMES

    1. 11.Preparation of drainage schemes

    2. 12.Restrictions on drainage schemes

    3. 12A.Consultations and determination of whether a drainage scheme has significant effects on the environment

    4. 12B.Drainage schemes likely to have significant effects on the environment

    5. 12C.Preparation of an environmental statement and consultations thereon

    6. 12D.Publicity for an environmental statement

    7. 12E.Assistance in the preparation of an environmental statement

    8. 12F.Charges

    9. 12G.Drainage schemes likely to have significant effects on the environment in another EEA State

    10. 12H.Determination of whether a drainage scheme should proceed

    11. 13.Confirmation of drainage schemes

    12. 13A.Public Participation

    13. 14.The carrying out of drainage schemes

    14. 15.Provisions in regard to roads, bridges, culverts and embankments

    15. 16.Amendment of drainage schemes

    16. 17.Compensation for certain losses due to construction of drainage works

    17. 18.Compensation for injury to canals, fisheries, etc.

    18. 19.Matters to be regarded in assessing compensation

    19. 20.Disposal of surplus lands, etc.

  5. PART IV MAINTENANCE OF WATERCOURSES AND SEA DEFENCES

    1. 21.Powers of maintenance in relation to designated watercourses and sea defences

    2. 22.Bye-laws

    3. 23.Liability of occupiers of land protected by sea defences

    4. 24.Duty of occupiers with respect to undesignated watercourses

  6. PART V EXECUTION AND FINANCING OF CERTAIN WORKS

    1. 25.Power of Ministry to carry out works on behalf of other persons

    2. 26.Power of Ministry to contribute to cost of works

    3. 27.Agreements with occupiers of land for contributions towards cost of certain works

    4. 28.Agreements for contributions towards cost of sea defence works

  7. PART VI MISCELLANEOUS AND GENERAL

    1. 29.Transfer, etc., of drainage trusts and funds to the Ministry

    2. 29A.Dissolution of drainage trusts

    3. 30.Drainage schemes extending outside Northern Ireland

    4. 31.Noxious weeds

    5. 32.Protection of watercourses

    6. 33.Control of dams and sluices

    7. 34.Power of Ministry to execute experimental, etc., work

    8. 34A.Power of Department to charge for exercise of functions

    9. 35.Provisions as to recovery of expenses

    10. 36.Miscellaneous offences

    11. 37.Entry on and inspection of land, etc.

    12. 38.Limitation of liability for flooding, etc.

    13. 39.Protection for officers of Ministry

    14. 40.Protection of fisheries

    15. 40A.Protection for water and sewerage undertakers

    16. 41.Special provisions relating to Erne drainage and navigation

    17. 42.Financial provisions

    18. Art.43, with Schedule 8, effects amendments

    19. 44.Transitional and saving provisions

    20. Art.45, with Schedule 10, effects repeals

  8. SCHEDULES

    1. SCHEDULE 1

      CONSTITUTION AND PROCEEDINGS OF THE DRAINAGE COUNCIL

      1. 1.The Drainage Council shall consist of eighteen persons appointed by...

      2. 2.Where a body which the Minister is satisfied represents the...

      3. 3.(1) The members of the Council shall be appointed in...

      4. 4.The chairman of the Drainage Council shall be such one...

      5. 5.A casual vacancy occurring in the membership of the Drainage...

      6. 6.A member of the Drainage Council may resign his membership...

      7. 7.The quorum of the Drainage Council shall be five and,...

      8. 8.The Ministry, after consultation with the Ministry of Finance, shall...

    2. SCHEDULE 2

      DESCRIPTION OF DRAINAGE WORKS, ETC.

      1. 1.Clearing of watercourses, whether natural or artificial, including—

      2. 2.Works in connection with watercourses, whether natural or artificial, and...

      3. 3.Works in connection with agricultural land, that is to say—...

      4. 4.New construction, including— (a) the diversion of watercourses, whether natural...

      5. 5.Removal or alteration of artificial objects such as weirs, sluices,...

      6. 6.Sea defence works.

      7. 7.Such other works or classes of works as may be...

    3. SCHEDULE 2A

      1. PART I information for inclusion in environmental statement

        1. 1.Description of the drainage works including in particular—

        2. 2.An outline of the main alternatives studied by the Department...

        3. 3.A description of the aspects of the environment likely to...

        4. 4.A description of the likely significant effects of the proposed...

        5. 5.A description of the measures envisaged to prevent, reduce and,...

        6. 6.A non-technical summary of the information provided under paragraphs 1...

        7. 7.An indication of any difficulties (technical difficulties or lack of...

      2. PART II

        1. 1.A description of the drainage works comprising information on the...

        2. 2.A description of the measures envisaged in order to avoid,...

        3. 3.The data required to identify and assess the main effects...

        4. 4.An outline of the main alternatives studied by the applicant...

        5. 5.A non-technical summary of the information provided under paragraphs 1...

    4. SCHEDULE 2B

      SELECTION CRITERIA REFERRED TO IN ARTICLE 4.3 OF COUNCIL DIRECTIVE 85/337/EEC AMENDED BY COUNCIL DIRECTIVE 97/11/EC AND COUNCIL DIRECTIVE 2003/35/EC

      1. 1.Characteristics of drainage works

      2. 2.Location of drainage works

      3. 3.Characteristics of the potential impact

    5. SCHEDULE 2C

      ENVIRONMENTAL FACTORS TO BE TAKEN INTO ACCOUNT

      1. Account shall be taken in particular of the direct and...

    6. SCHEDULE 3

      MODIFICATION OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 10

      1. 1.References to the Ministry or to the Council shall be...

      2. 2.References to the said Schedule 6 shall be construed as...

      3. 3.Paragraph 1 shall be omitted.

      4. 4.In paragraph (2)— (a) for the words from the beginning...

      5. 5.In paragraph 3(1)(ii), for the word “refuse” there shall be...

      6. 6.In paragraph 4, the words from “and may provide” to...

      7. 7.In paragraph 5— (a) in sub-paragraph (1)( a), the words...

      8. 8.In paragraph 6(2), for the words “fund out of which...

      9. 9.In paragraph 11(3), the words “in the prescribed form” shall...

      10. 10.In paragraph 12— (a) in sub-paragraph (1), the words “such”...

      11. 11.In paragraph 14(1), the words “in the prescribed form” shall...

      12. 12.In paragraph 15(1), for the words “in the prescribed form”...

      13. 13.Paragraph 19 shall be omitted.

      14. 14.In paragraph 20, sub-paragraph (2) shall be omitted.

    7. SCHEDULE 4

      PROCEDURE FOR MAKING BYE-LAWS

      1. 1.Before making any bye-laws under Article 22, the Ministry shall...

      2. 2.The Ministry shall, at the request of any person, furnish...

      3. 3.The Ministry may make the bye-laws in the terms of...

      4. 4.If, before the end of the period of twenty-eight days...

    8. SCHEDULE 5

      DUTIES OF OCCUPIERS WITH RESPECT TO UNDESIGNATED WATERCOURSES, ETC.

      1. 1.Subject to paragraphs 2 and 3, the occupier of any...

      2. 2.(1) Where an undesignated watercourse forms a boundary between land...

      3. 3.This Schedule shall not be construed as imposing any obligation...

      4. 4.The Ministry may at any time, by a notice in...

      5. 5.Any notice under paragraph 4 shall— (a) specify in reasonable...

      6. 6.When a notice under paragraph 4 has been served on...

      7. 7.If, within the specified time, an occupier of land has...

      8. 8.In paragraphs 7 and 9, “specified time” means—

      9. 9.If a person on whom a notice has been served...

      10. 10.Nothing in this Schedule shall affect the right of every...

      11. 11.Where a person has, in order to comply with the...

      12. 12.In this Schedule— “construction” includes any embankment, wall, valve or...

    9. SCHEDULE 6

      PROTECTION OF WATERCOURSES

      1. 1.A person shall not— (a) place any solid matter in...

      2. 2.The construction, reconstruction or alteration of a bridge by an...

      3. 3.A consent or approval required under paragraph 1 shall not...

      4. 4.If any question arises under this Schedule as to whether...

      5. 5.If any person contravenes paragraph 1, then, without prejudice to...

      6. 6.If, in contravention of paragraph 1— (a) any solid matter...

      7. 7.A person shall not be liable to both a fine...

      8. 8.(1) Without prejudice to paragraphs 5 to 7, the Ministry...

      9. 9.(1) The occupier of any land in the vicinity of...

      10. 10.(1) The Ministry may, if it considers that any tree...

      11. 11.The giving of any consent or approval, or the approval...

      12. 12.Nothing in this Schedule shall— (a) operate in derogation of...

      13. 13.In this Schedule— “bridge” includes a culvert or other like...

    10. SCHEDULE 7

      ERNE DRAINAGE AND NAVIGATION

      1. PART I GENERAL PROVISIONS

        1. The principal agreement

          1. 1.In this Schedule, “the principal agreement” means the agreement made...

          2. 2.(1) Subject to the provisions of this paragraph, the Ministry...

          3. 3.For the purposes of carrying the principal agreement into effect,...

        2. Drainage of Upper and Lower Lough Erne

          1. 4.The Ministry shall be the drainage authority for the purpose...

        3. Works schemes

          1. 5.(1) The Ministry may prepare a scheme or schemes for...

          2. 6.(1) After the preparation of a scheme, the Ministry shall—...

          3. 7.After the expiration of twenty-eight days from the service of...

          4. 8.For the purposes of this Schedule, the provisions of this...

          5. 9.(1) Where, in carrying out works under this Schedule—

          6. 10.(1) Where, in pursuance of the provisions of the principal...

        4. Finance

          1. 11.(1) For the purposes of the principal agreement, the account...

        5. Miscellaneous and general

          1. Paras. 12, 13, 13A rep. by 1999 NI 6

          2. 14.(1) An Arbitration Tribunal constituted in accordance with the provisions...

          3. 15.Notwithstanding anything to the contrary in any statutory provision, stamp...

          4. 16.In this Schedule— “the Board” has the meaning assigned to...

      2. PART II PROVISIONS OF THE ORDER APPLIED FOR THE PURPOSES OF THIS SCHEDULE

        1. 17.The provisions of this Order applied by paragraph 8 of...

      3. PART III MODIFICATIONS OF THE PROVISIONS APPLIED BY PART II

        1. 18.The provisions of this Order specified in Part II shall,...

      1. Schedule 8—Amendments

    11. SCHEDULE 9

      TRANSITIONAL AND SAVING PROVISIONS

      1. Savings for Secretary of State Transitional provisions relating to interest...

        1. Savings for Secretary of State

          1. 1.Transitional provisions relating to interest payable on certain compensation

        2. Savings for Secretary of State

          1. 2.The administrative powers conferred by this Order on the Ministry...

          2. 3.(1) Subject to the provisions of this paragraph, nothing in...

        3. Saving for powers under other statutory provisions and powers of certain trustees, etc.

          1. 4.Nothing in this Order shall, except when otherwise expressly provided,...

          2. 5.Notwithstanding the repeal of any statutory provision by this Order—...

          3. 6.Nothing in this Order shall affect the provisions of sections...

      1. Schedule 10—Repeals

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