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The Water and Sewerage Services (Northern Ireland) Order 2006

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This is the original version (as it was originally made).

Article 142

SCHEDULE 6COMPENSATION IN RESPECT OF DROUGHT ORDERS

This schedule has no associated Explanatory Memorandum

Cases where compensation payable

1.—(1) Where a drought order has been made, compensation in respect of the entry on or occupation or use of land shall be made by the applicant for the order to—

(a)the owners and occupiers of the land; and

(b)all other persons interested in the land or injuriously affected by the entry upon, occupation or use of the land,

for loss or damage sustained by reason of the entry upon, occupation or use of the land.

(2) Where a drought order has been made, compensation in respect of the taking of water from a source or its taking from a source otherwise than in accordance with a restriction or obligation which has been suspended or modified shall be made by the applicant for the order to—

(a)the owners of the source of water; and

(b)all other persons interested in the source of water or injuriously affected by the taking of the water,

for loss or damage sustained by reason of the taking of the water.

(3) Where a drought order has been made, compensation in respect of water’s being discharged or not discharged to any place or its being discharged otherwise than in accordance with a restriction or obligation (whether relating to the treatment or discharge of the water) which has been suspended or modified shall be made by the applicant for the order to—

(a)the owners of the place of discharge; and

(b)all other persons interested in the place of discharge or injuriously affected by the discharge or lack of discharge,

for loss or damage sustained by reason of the water being discharged or not discharged or being discharged otherwise than in accordance with the restriction or obligation.

(4) Where a drought order has been made under Article 137(1)(a), compensation in respect of the imposition of a prohibition or limitation on the taking of water from a source shall be made by the applicant for the order, to any persons to whom the prohibition or limitation applies, for loss or damage sustained by reason of the prohibition or limitation.

(5) Where a drought order has been made, compensation in respect of a power to make discharges of sewage effluent or trade effluent in pursuance of any consent shall be made by the applicant for the order, to any person who has been exercising that power, for loss or damage sustained by reason of the suspension or variation of the consent or the attachment of conditions to the consent.

Claims for compensation

2.—(1) A claim for compensation under this Schedule shall be made by serving on the applicant a notice stating the grounds of the claim and the amount claimed.

(2) Any question as to the right of a claimant to recover compensation, or as to the amount of compensation recoverable, shall, in default of agreement, be referred to, and determined by, the Lands Tribunal.

3.—(1) A claim for compensation under paragraph 1(2) to (5) may be made at any time not later than 6 months after the end of the period for which the order authorises, as the case may be—

(a)the taking or discharge of water;

(b)the imposition of a prohibition or limitation on the taking of water;

(c)the suspension or modification of any restriction or obligation; or

(d)the suspension or variation of, or attachment of conditions to, any consent relating to the discharge of sewage effluent or trade effluent.

(2) Where a claim for compensation under paragraph 1(2) to (5) is made during the continuance of the drought order, the Lands Tribunal may, if it thinks fit, award a sum representing the loss or damage which is likely to be sustained by the claimant in respect of each day on which, as the case may be—

(a)water is taken or discharged;

(b)water is not discharged or is discharged otherwise than in accordance with an obligation or restriction; or

(c)sewage effluent or trade effluent is discharged otherwise than in accordance with a consent originally given.

(3) In assessing the compensation to be made under paragraph 1(2) the Lands Tribunal may, if it thinks fit, have regard to the amount of water which, on an equitable apportionment of the water available from the source between the claimant, the applicant and other persons taking water from the source, may fairly be apportioned to the claimant.

(4) In assessing the compensation to be made under paragraph 1(3) in respect of the lack of discharge of compensation water, the Lands Tribunal may, if it thinks fit, have regard to the amount of water which, under the conditions existing by reason of the shortage of rain, would have been available to the claimant during the period during which the deficiency of supplies of water is continued, if the applicant in relation to whom the obligation was imposed had never carried on its undertaking.

(5) In sub-paragraph (4) “compensation water” has the same meaning as in Article 140.

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