The Water and Sewerage Services (Northern Ireland) Order 2006

1.—(1) Where a water undertaker applies to the Department for a compulsory works order, the undertaker shall— N.I.

(a) submit to the Department a draft of the order applied for;

(b) publish a notice with respect to the application, at least once in each of two successive weeks, in at least two newspapers circulating in each relevant locality;

(c) not later than the date on which that notice is first published serve a copy of the notice on such persons as may be prescribed by the Department;

(d) publish a notice in the Belfast Gazette which—

(i) states that the draft order has been submitted to the Department;

(ii) specifies a place where a copy of the draft order and of any relevant map or plan may be inspected; and

(iii) gives the name of every newspaper in which the notice required by virtue of head (b) was published and the date of an issue containing the notice.

(2) The notice required by virtue of sub-paragraph (1)(b) to be published with respect to an application for an order by a water undertaker shall—

(a) state the general effect of the order applied for;

(b) in the case of an application made wholly or partly for the purpose of enabling any discharges of water to be made—

(i) contain particulars of the proposed discharges, stating the purposes of the discharges and specifying each place of discharge;

(ii) specify the places at which the water to be comprised in the proposed discharges is to be taken and the treatment (if any) which the draft order proposes to require the water, or any of it, to receive before being discharged under the order; and

(iii) state the effect which, in the opinion of the undertaker, the proposed discharges would have on the flow, level and quality of water in any inland waters or underground strata;

(c) specify a place where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times during the period of 28 days beginning with the date of the first publication of the notice; and

(d) state that any person may, within that period, by notice to the Department object to the making of the order.

(3) In this paragraph “relevant locality”, in relation to an application for an order a draft of which is submitted to the Department by a water undertaker, means—

(a) any locality which would be affected by any provision proposed to be made by the order for the purpose of enabling any engineering or building operations to be carried out; and

(b) were provision is proposed to be made by the order for the purpose of enabling discharges of water to be made, each locality in which the place of any of the proposed discharges is situated or in which there appears to that undertaker to be any inland waters or underground strata the flow, level or quality of water in which may be affected by any of the proposed discharges.

Annotations:

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Commencement Information

I1 Sch. 9 para. 1 wholly in operation at 1.4.2007; Sch. 9 para. 1 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); Sch. 9 para. 1 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)