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The Water (Northern Ireland) Order 1999

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Interpretation of Part IIF3N.I.

3.—(1) In this Part—

  • “analyse”, in relation to any sample of land, water or effluent, includes subjecting the sample to a test of any description;

  • “apparatus” includes any meter or other device for measuring, assessing, determining, recording or enabling to be recorded, the volume, temperature, radioactivity, rate, nature, origin, composition or effect of any matter, flow, discharge, emission, deposit or abstraction;

  • “the Department” means the Department of the Environment;

  • “deposit” includes store;

  • “discharge consent” means a consent given [F1under Article 7A(3)(a)];

  • “enforcement notice” has the meaning assigned by Article 12;

  • “Londonderry Area” has the same meaning as in the [1952 c.5 (N.I.).] Foyle Fisheries Act (Northern Ireland) 1952;

  • “mobile plant” means plant which is designed to move or be moved whether on roads or otherwise;

  • [F2“Newry Area” has the same meaning as in the Foyle Fisheries Act (Northern Ireland) 1952;]

  • “premises” includes any land, vehicle, vessel or mobile plant;

  • “regulations”, except in Article 36, means regulations made by the Department;

  • “representations” includes objections;

  • “trade” includes agriculture, horticulture, scientific research or experiment and the carrying on of a hospital or nursing home;

  • “trade effluent” means any effluent which is discharged from premises used for carrying on any trade or industry, other than storm water or domestic sewage;

  • “works notice” has the meaning assigned by Article 17.

(2) For the purposes of the definition of “trade effluent” in paragraph (1), any premises (whether on land or not) wholly or mainly used (whether for profit or not) for the purposes of fish farming shall be deemed to be premises used for carrying on a trade.

F1Art. 3(1): words in definition of "discharge consent" substituted (1.4.2007 for certain purposes, otherwise 25.5.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 291(6) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with art. 3, Sch. 2); S.R. 2007/282, art. 2(2), Sch.

F2SI 1999/859

F3certain functions transf. by SR 1999/481

Non-textual amendments applied to the whole Legislation can be found in the Introduction

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