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The Water (Northern Ireland) Order 1999

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Article 57(3).

SCHEDULE 6F14N.I.PROCEDURE FOR MAKING ORDERS UNDER ARTICLE 57(1)

Modifications etc. (not altering text)

F14certain functions transf. by SR 1999/481

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

1.  Where the [F1Department] [F2proposes] to adopt a water management programme by order under Article 57(1), [F3the Department] shall publish, in the Belfast Gazette and, at least once in each of two successive weeks, in one or more newspapers circulating in the area to which the programme relates, a notice—N.I.

(a)stating that a water management programme has been prepared in draft;

(b)indicating the area to which the draft programme applies;

(c)specifying a place where a copy of the draft programme may be inspected free of charge at all reasonable times during the period of 28 days beginning with the date of the first publication in a newspaper; and

(d)stating that any person may, within that period, by notice in writing to [F4the] Department object to the making of an order adopting the draft programme.

2.  [F5The] Department shall, if so requested by any person, furnish him with a copy of the draft programme on payment of such reasonable charge as it may determine.

3.  The [F1Department] may alter the terms of the draft programme in such manner as [F6the Department thinks] fit, but where the [F1Department] [F7proposes] to alter significantly any such draft programme [F8the Department shall] cause to be published such additional notices as appear to [F9the Department] to be necessary.N.I.

4.  If, before the end of the period of 28 days referred to in paragraph 1, notice in writing of an objection is received by [F10the] Department from any person appearing to it to be a person who may be affected by the draft programme or the draft programme as proposed to be altered under paragraph 3, the [F1Department] , before making an order under Article 57(1) adopting the programme shall, unless the objections are met or withdrawn or the [F1Department] [F11is satisfied] that they are solely of a frivolous or vexatious nature, cause an inquiry to be held by the Appeals Commission.N.I.

5.  Sub-paragraphs (2) and (3) of paragraph 3 of Schedule 1 apply in relation to an inquiry under paragraph 4 as they apply in relation to an inquiry under sub-paragraph (1) of that paragraph.N.I.

6.  An objection shall not be made to the Appeals Commission in respect of any watercourse in relation to which the Lands Tribunal has, on a review of a determination by the Drainage Council for Northern Ireland, or of a refusal by that Council to make a determination, decided that the watercourse should or should not be a designated watercourse.N.I.

7.  After the expiry of the period of 28 days referred to in paragraph 1 and, where an inquiry is held by the Appeals Commission, after considering the report of the Commission, the [F1Department] may make the order under Article 57(1) adopting the programme in the terms of the draft or in those terms altered in such manner as [F12the Department thinks] fit.N.I.

8.  If the [F1Department] adopt a water management programme under Article 57(1), [F13the Department] shall make such arrangements as appear to [F13the Department] to be appropriate for the publication of the programme and of notices stating that it has been made.N.I.

9.  In this Schedule “designated watercourse” and “watercourse” have the meanings assigned by Article 2(2) of the Drainage Order.N.I.

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