PART IIIPOWERS OF DEPARTMENT OF AGRICULTURE IN RELATION TO WATERWAYS

Introductory

Application and interpretation of Part III39

1

This Part does not apply to a reservoir or the sea.

2

In this Part—

  • “canal scheme” means a scheme prepared under Article 42(1);

  • “the Department” means the Department of Agriculture;

  • “premises” includes any land, vehicle or vessel;

  • “regulations” means regulations made by the Department;

  • “specified canal” has the meaning assigned to it by Article 42(5).

Matters to be taken into account in exercising certain functions40

1

The Department shall, in exercising its functions under this Part, have regard to—

a

the conservation of water resources;

b

the prevention of pollution;

c

the needs of the community with respect to water and the disposal of effluent;

d

the conservation and enhancement of the natural beauty and amenity of waterways and of land associated with waterways;

e

the conservation and enhancement of flora and fauna;

f

the conservation of geological or physiographical features of special interest and any feature of archaeological, historical, architectural or traditional interest.

2

The Department shall, in exercising its functions under any statutory provision relating to drainage, have regard to the matters set out in sub-paragraphs (a) to (f) of paragraph (1).

3

In Article 11(2)(d) of, and paragraph 5(2) of Schedule 7 to, the Drainage Order for “section 2(2) of the Water Act (Northern Ireland) 1972” there shall be substituted “Article 40(2) of the Water (Northern Ireland) Order 1999”.