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”.