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Regulation 5

SCHEDULE 1Permitted Controlled Activities

Column 1

Activity

Column 2

Conditions

1. The construction, alteration or operation of the following descriptions of weir namely :

(a)

a weir that is not associated with an abstraction;

(b)

a weir that is not capable of being operated to control the water level upstream of the weir;

(c)

a weir that is not capable of being operated so as to create a height differential between the upstream and downstream water surfaces of more than one metre.

2. The abstraction of less than 10 m3 of water in any one day.
(a)

there shall be a means of demonstrating that the abstraction is less than 10 m3 in any one day;

(b)

water leakage shall be kept to a minimum by ensuring all pipe work, storage tanks and other equipment associated with the abstraction and use of the water are maintained in a state of good repair;

(c)

subject to paragraphs (d) and (e) the abstraction shall not cause the entry of water of a different chemical composition into any water contained in any underground strata;

(d)

drilling fluids may be introduced into a well or borehole if necessary to facilitate the drilling of the well or borehole provided this does not result in pollution of the water environment;

(e)

potable water may be introduced into a well or borehole to test the hydraulic properties of an aquifer;

(f)

when a well or borehole is not being used for abstraction, it shall be back-filled or sealed to the extent necessary to avoid loss of any water contained in any underground strata.

3. The abstraction of between 10m3 and 20m3 of water in any one day.
(a)

there shall be a means of demonstrating that the abstraction is less than 20m3 in any one day;

(b)

the operator shall notify the Department of the location and volume of the abstraction —

(i)

in any case where he is carrying on that activity on the date of the coming into operation of these regulations, within 12 months of that date; and

(ii)

in all other cases, within 28 days of the date on which he commences the activity;

(c)

water leakage shall be kept to a minimum by ensuring all pipe work, storage tanks and other equipment associated with the abstraction and use of the water are maintained in a state of good repair;

(d)

subject to paragraphs (e) and (f) the abstraction shall not cause the entry of water of a different chemical composition into any water contained in any underground strata;

(e)

drilling fluids may be introduced into a well or borehole if necessary to facilitate the boring of the well or borehole provided this does not result in pollution of the water environment;

(f)

potable water may be introduced into a well or borehole to test the hydraulic properties of an aquifer;

(g)

when a well or borehole is not being used for abstraction, it shall be back-filled or sealed to the extent necessary to avoid loss of any water contained in any underground strata.

4.The abstraction from a borehole where the total volume of water abstracted is less than 150 m3 in any period of one year and the purpose of the abstraction is either:

(a)

subject to paragraphs (b) and (c) the abstraction shall not cause the entry of water of a different chemical composition into any water contained in any underground strata;

(b)

to sample the water quality.

(a)

to test the yield of the borehole or well or the hydraulic properties of an aquifer; or

(b)

drilling fluids may be introduced into a well or borehole if necessary to facilitate the drilling of the well or borehole provided this does not result in pollution of the water environment;

(c)

potable water may be introduced into a well or borehole to test the hydraulic properties of an aquifer;

(d)

when the borehole is not being used for abstraction, it shall be back-filled or sealed to the extent necessary to avoid loss of any water contained in any underground strata.