PART IFUNCTIONS OF THE MINISTRY OF AGRICULTURE

Other provisions for the improvement and protection of fisheries

F111B F2Discharge of effluent.

1

Where—

a

an application is made to the Department F8... underF3 paragraph 1 of Schedule 1 to the Water (Northern Ireland) Order 1999 ( “the 1999 Order”), and

b

in the opinion of F9the Department , the purpose of the application is to obtain its consent to the discharge into a waterway of effluent or matter in connection with the operation of a fish farm,

F7the Department may make a direction—

i

that a local public inquiry to be held under section 11A(3) shall also consider any objection (other than one which is withdrawn or is, in the opinion of the Department F10..., vexatious, frivolous or insubstantial) received in response toF3 the advertisment of the application under paragraph 1 of Schedule 1 to 1999 Order, F11...

F12ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The Department F13... shall give notice of any direction made under subsection (1) to—

a

the person making the application;

F4b

the Foyle, Carlingford and Irish Lights Commission, where the discharge is to be made in the Londonderry Area or the Newry area;

c

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and (without prejudice to section 23 of the Interpretation Act (Northern Ireland) 1954) that person and the Foyle Fisheries Commission F6. . . shall be entitled to appear and be heard at the inquiry.

3

F3Article 13(1) of the 1999 Order shall not apply to such an application where the Department F14... makes a direction under subsection (1) of this section.

4

F3Paragraph 2(2) of Schedule 1 to the 1999 Order shall not apply to any application under paragraph 1 of Schedule 1 to that Order for the purpose mentioned in paragraph (b) of subsection (1) of this section.

Subs. (5) rep. by 1999 NI 6