Water (Northern Ireland) Order 1999

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II FUNCTIONS OF THE DEPARTMENT OF THE ENVIRONMENT IN RELATION TO MATTERS AFFECTING WATER

   1. Interpretation

      1. 3. Interpretation of Part II

   2. General duty of the Department

      1. 4. Duty of Department to promote conservation and cleanliness of water resources

   3. Quality objectives

      1. 5. Classification of quality of waters

      2. 6. Water quality objectives

   4. Prevention of pollution of water

      1. 7. Pollution, etc., of water

      2. 8. Prevention and making good of defaults under Article 7(1)

      3. 9. Discharge of effluent into waterway or underground stratum

      4. 10. Relationship with other statutory provisions controlling pollution

      5. 11. Power to make scheme of charges

      6. 12. Enforcement notices

      7. 13. Appeals in respect of consents

      8. 14. Regulations as to prevention of pollution

      9. 15. Pollution emergencies

   5. Anti-pollution works

      1. 16. Anti-pollution works and operations

      2. 17. Notices requiring persons to carry out anti-pollution works and operations

      3. 18. Grant of, and compensation for, rights of entry, etc.

      4. 19. Consequences of not complying with a works notice

   6. Abstraction and impounding

      1. 20. Abstraction and impounding of water

      2. 21. Power to make scheme of charges in connection with water resources

      3. 22. Orders as to charges for abstractions of water or discharges

   7. Works, etc.

      1. 23. Power of Department to carry out engineering or building operations

      2. 24. Acquisition of land by Department

   8. Enforcement

      1. 25. Powers of entry and inspection

      2. 26. Supplementary provisions as to powers of entry and inspection

      3. 27. Evidence in connection with certain pollution offences

      4. 28. Power to obtain information

      5. 29. Penalties for false information

   9. Registers and other information

      1. 30. Pollution control register

      2. 31. Exclusion from registers of information affecting national security

      3. 32. Exclusion from registers of certain confidential information

      4. 33. Maps of fresh-water limits of waterways

      5. 34. Collection of data and information by Department

   10. Miscellaneous

       1. 35. Abandoned mines

       2. 36. Power to give effect to Community and other international obligations, etc.

       3. 37. Prosecutions

       4. 38. Repeal, amendment and adaptation of local enactments

4. PART III POWERS OF DEPARTMENT OF AGRICULTURE IN RELATION TO WATERWAYS

   1. Introductory

      1. 39. Application and interpretation of Part III

      2. 40. Matters to be taken into account in exercising certain functions

   2. Principal powers of Department in relation to waterways

      1. 41. Power of Department to carry out works and provide facilities in relation to waterways

      2. 42. Canal schemes

      3. 43. Powers of maintenance

      4. 44. General powers of the Department

      5. 45. Provisions of the Drainage Order applied for the purposes of this Part

      6. 46. Power of Department to enter into arrangements for improvement or restoration of waterways

      7. 47. Schemes extending outside Northern Ireland

      8. 48. Acquisition of land and other rights by the Department

      9. 49. Regulation of recreational and navigational use of waterways

      10. 50. Charges for recreational and navigational use of waterways

   3. Supplementary provisions

      1. 51. Powers of entry and inspection

      2. 52. Supplementary provisions as to powers of entry and inspection

      3. 53. Prosecutions

      4. 54. Power to give effect to Community obligations, etc.

      5. 55. Financial provision

      6. 56. Repeal, amendment and adaptation of local enactments

5. PART IV MISCELLANEOUS AND GENERAL

   1. 57. Water management programmes

   2. 58. Northern Ireland Water Council

   3. 59. Power of Laganside Corporation to make byelaws

   4. 60. Protection of watercourses – penalty in relation to nuisance

   5. 61. Regulations and orders

   6. 62. Transitional and saving provisions

   7. 63. Amendments and repeals

6. Signature

7. SCHEDULES

   1. SCHEDULE 1

      DISCHARGE CONSENTS

      1. Application for consent

         1. 1. (1) An application for a discharge consent—

      2. Consideration and determination of applications

         1. 2. (1) On an application under paragraph 1 the Department shall...

      3. Public inquiries

         1. 3. (1) For the purpose of considering representations made in respect...

      4. Consents without applications

         1. 4. (1) If it appears to the Department—

      5. Revocation of consents and alteration and imposition of conditions

         1. 5. (1) The Department may from time to time review any...

      6. Restriction on variation and revocation of consent and previous variation

         1. 6. (1) Each instrument signifying the consent of the Department under...

      7. Applications for variation

         1. 7. (1) The holder of a discharge consent given under paragraph...

      8. Transfer of consents

         1. 8. (1) A discharge consent given under paragraph 2 or 4...

   2. SCHEDULE 2

      ORDERS CONFERRING COMPULSORY POWERS FOR EXECUTING WORKS

      1. 1. Before making an order under Article 23(2) the Department shall...

      2. 2. Not later than the date on which the notice is...

      3. 3. The Department shall also publish in the Belfast Gazette a...

      4. 4. The Department shall, at the request of any person, furnish...

      5. 5. The Department may make the order in the terms of...

      6. 6. (1) If before the end of the period of 28...

      7. 7. (1) If the value of any estate in land to...

   3. SCHEDULE 3

      MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR PURPOSES OF ARTICLE 24(3) AND 48(3)

      1. 1. References to the Ministry or to the council shall be...

      2. 2. References to Schedule 6 to the Local Government Act (Northern...

      3. 3. Omit paragraph 1.

      4. 4. In paragraph 2— (a) for the words from the beginning...

      5. 5. In paragraph 3(1)(ii) for the word “refuse” substitute the words...

      6. 6. In paragraph 4 omit the words from “and may provide”...

      7. 7. In paragraph 5— (a) in sub-paragraph (1)(a) omit the words...

      8. 8. In paragraph 6(2) for the words “fund out of which...

      9. 9. In paragraph 11(3) omit the words “in the prescribed form”....

      10. 10. In paragraph 12— (a) in sub-paragraph (1) omit the words...

      11. 11. In paragraph 14(1) omit the words “in the prescribed form”....

      12. 12. In paragraph 15(1) for the words “in the prescribed form”...

      13. 13. Omit paragraph 19.

      14. 14. Omit paragraph 20(2).

   4. SCHEDULE 4

      DESCRIPTION OF CANAL WORKS, ETC.

      1. 1. Clearing of waterways, including— (a) the removal of obstructions, including...

      2. 2. Works in connection with waterways, including— (a) the cleansing, widening,...

      3. 3. New construction, including— (a) the diversion of waterways;

      4. 4. Removal, alteration or improvement of artificial objects such as sluices,...

      5. 5. Sea defence works.

      6. 6. The operation of any works described in this Schedule.

      7. 7. Such other works or classes of works as may be...

   5. SCHEDULE 5

      PROVISIONS OF THE DRAINAGE ORDER APPLIED FOR THE PURPOSES OF PART III OF THIS ORDER

      1. PART I PROVISIONS OF THE DRAINAGE ORDER APPLIED BY ARTICLE 45(1)

         1. 1. The provisions of the Drainage Order applied by Article 45(1)...

      2. PART II MODIFICATIONS OF THE PROVISIONS APPLIED BY PART I

         1. 2. The provisions of the Drainage Order specified in Part I...

   6. SCHEDULE 6

      PROCEDURE FOR MAKING ORDERS UNDER ARTICLE 57(1)

      1. 1. Where the Departments propose to adopt a water management programme...

      2. 2. Either Department shall, if so requested by any person, furnish...

      3. 3. The Departments may alter the terms of the draft programme...

      4. 4. If, before the end of the period of 28 days...

      5. 5. Sub-paragraphs (2) and (3) of paragraph 3 of Schedule 1...

      6. 6. An objection shall not be made to the Appeals Commission...

      7. 7. After the expiry of the period of 28 days referred...

      8. 8. If the Departments adopt a water management programme under Article...

      9. 9. In this Schedule “designated watercourse” and “watercourse” have the meanings...

   7. SCHEDULE 7

      AMENDMENTS

      1. The Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.))

      2. The Drainage (Northern Ireland) Order 1973 (NI 1)

      3. The Water and Sewerage Services (Northern Ireland) Order 1973 (NI 2)

      4. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

      5. The Electricity (Northern Ireland) Order 1992 (NI 1)

      6. The Radioactive Substances Act 1993 (c. 12)

      7. The Gas (Northern Ireland) Order 1996 (NI 2)

      8. The Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18)

      9. The Waste and Contaminated Land (Northern Ireland) Order 1997 (NI 19)

   8. SCHEDULE 8

      REPEALS

      1. PART I REPEALS COMING INTO OPERATION IN ACCORDANCE WITH ARTICLE 1(3) AND (4)

      2. PART II REPEALS COMING INTO OPERATION ON A DAY APPOINTED BY THE DEPARTMENT OF THE ENVIRONMENT

8. Explanatory Note