172.—(1) Subject to the provisions of this Article, the Department and a sewerage undertaker may agree that—
(a)any drain or sewer which is vested in the Department for the purposes of its functions under the Roads (Northern Ireland) Order 1993 (NI 15) may, upon such terms as may be agreed, be used by the undertaker for the purpose of conveying surface water from premises or roads;
(b)any public sewer vested in the undertaker may, upon such terms as may be agreed, be used by the Department for conveying surface water from roads.
(2) Where a sewer or drain with respect to which the Department and a sewerage undertaker propose to make an agreement under this Article discharges, whether directly or indirectly, into the sewers or waste water treatment works of another sewerage undertaker, the agreement shall not be made without the consent of that other undertaker.
(3) Subject to paragraph (4), a consent given by a sewerage undertaker for the purposes of paragraph (2) may be given on such terms as that undertaker thinks fit.
(4) Neither the Department nor a sewerage undertaker shall—
(a)unreasonably refuse to enter into an agreement for the purposes of this Article; or
(b)insist unreasonably upon terms unacceptable to the other party;
and a sewerage undertaker shall not unreasonably refuse to consent to the making of such an agreement or insist unreasonably upon terms unacceptable to either party.
(5) Any question arising under this Article as to whether or not the Department or any sewerage undertaker is acting unreasonably may be referred by either party to the Appeals Commission.
(6) Nothing in this Article affects the powers of the Department under Article 45 of the Roads (Northern Ireland) Order 1993 (NI 15) (road drains).
Commencement Information
I1Art. 172 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)