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The Water (Northern Ireland) Order 1999

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Article 45(1), (1A)

[F1SCHEDULE 5F6N.I.PROVISIONS OF THE DRAINAGE ORDER APPLIED FOR THE PURPOSES OF ENVIRONMENTAL IMPACT ASSESSMENT OF CANAL SCHEMES

Modifications etc. (not altering text)

C1Schs. 3-5: transfer of functions (8.5.2016 for specified purposes) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 3 Pt. 2 (with art. 9(2))

F6certain functions transf. by SR 1999/481

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

PART IF6N.I.provisions of the drainage order applied by article 45(1)

1.  The provisions of the Drainage Order applied by Article 45(1) of this Order are as follows—N.I.

ProvisionSubject Matter
Part IIntroductory
Article 
12Restrictions on drainage schemes.
12AConsultations and determination of whether a drainage scheme has significant effects on the environment.
12BDrainage schemes likely to have significant effects on the environment.
12CPreparation of an environmental statement and consultations thereon.
12DPublicity for an environmental statement.
12EAssistance in the preparation of an environmental statement.
12FCharges.
12GDrainage schemes likely to have significant effects on the environment in another EEA State.
12HDetermination of whether a drainage scheme should proceed.
13Confirmation of drainage schemes.
13APublic Participation.
14The carrying out of drainage schemes.
15Provisions in regard to roads, bridges, culverts and embankments.
16Amendment of drainage schemes.
Schedule 2AInformation for inclusion in environmental statement.
Schedule 2BSelection criteria referred to in Article 4.3 of Council Directive 85/337/EEC as amended by Council Directive 97/11/EC and Council Directive 2003/35/EC.
Schedule 2CEnvironmental factors to be taken into account.

PART IIF6N.I.provisions of the drainage order applied by article 45(1A)

2.  The provisions of the Drainage Order applied by Article 45(1A) of this Order are as follows—N.I.

ProvisionSubject Matter
Part IIntroductory
Article 
17Compensation for certain losses due to construction of drainage works.
18Compensation for injury to canals, fisheries, etc.
19Matters to be regarded in assessing compensation.
20Disposal of surplus lands, etc.
31Noxious weeds.
35Provision as to recovery of expenses.
36Miscellaneous offences.
38Limitation of liability for flooding, etc.
39Protection for officers of the Department.
40Protection of fisheries.
[F2Article 40AProtection of water and sewerage undertakers.]

PART IIIF6N.I.modification of the provisions applied by parts i and ii

3.  The provisions of the Drainage Order specified in Part I and Part II of this Schedule shall, in their application for the purposes of Part III of this Order have effect with the following modifications—N.I.

(a)references therein to the Department of Agriculture and Rural Development shall be construed as references to the Department of Culture, Arts and Leisure;

(b)references therein to a watercourse shall be construed as references to a waterway;

(c)references therein to the Drainage Order shall be construed as references to Part III of this Order;

(d)references therein to—

(i)a scheme or drainage scheme carried out under the Drainage Order, or any part thereof;

(ii)drainage works;

(iii)drainage purposes or purposes connected with drainage;

(iv)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall respectively be construed as references to—

(A)a canal scheme;

(B)works under any provision contained in Part III of this Order or any canal scheme;

(C)the purposes of any such provision or scheme; and

(D)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)references therein to sea defences and sea defence works shall be omitted;

[F5(ea)references to the Drainage Council shall be omitted;]

(f)in Article 17—

(i)for paragraph (4) substitute—

(4) Every claim for compensation under this Article—

(a)shall be made in writing to the Department within 3 years from the date of completion of the works from which, or from the operation of which, the claim arises, and such details of the claim as the Department may require shall be furnished in writing to the Department within such period as the Department may determine, and

(b)shall, in default of agreement, be heard and determined by the Lands Tribunal..

(ii)in paragraph (5), the words, “and may allow a sum in respect of the cost of the employment of any” shall be omitted; and

(g)in Article 38, after paragraph (2) add—

(3) Every claim duly made for compensation under this Article shall, in default of agreement, be heard and determined by the Lands Tribunal..]

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