1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II FUNCTIONS OF DRAINAGE COUNCIL AND MINISTRY

    1. 3.Functions of Drainage Council

    2. 4.Submission of particulars with respect to designated watercourses

    3. 5.Right to apply for review of determination of Drainage Council

    4. 6.Ministry to be drainage authority

    5. 7.General powers of the Ministry

    6. 8.Emergency works: watercourses

    7. 9.Emergency works: sea defences

    8. 10.Powers of Ministry in relation to land

  4. PART III DRAINAGE SCHEMES

    1. 11.Preparation of drainage schemes

    2. 12.Restrictions on drainage schemes

    3. 12ZA.Direction that Articles do not apply

    4. 12A.Consultations and determination of whether a drainage scheme has significant effects on the environment

    5. 12B.Drainage schemes likely to have significant effects on the environment

    6. 12C.Preparation of an environmental statement

    7. 12D.Publicity for an environmental statement

    8. 12E.Assistance in the preparation of an environmental statement

    9. 12F.Charges

    10. 12G.Drainage schemes likely to have significant effects on the environment in an EEA State

    11. 12H.Determination of whether a drainage scheme should be approved

    12. 12I.Monitoring

    13. 13.Confirmation of drainage schemes

    14. 13A.Public Participation

    15. 14.The carrying out of drainage schemes

    16. 15.Provisions in regard to roads, bridges, culverts and embankments

    17. 16.Amendment of drainage schemes

    18. 17.Compensation for certain losses due to construction of drainage works

    19. 18.Compensation for injury to canals, fisheries, etc.

    20. 19.Matters to be regarded in assessing compensation

    21. 20.Disposal of surplus lands, etc.

  5. PART IV MAINTENANCE OF WATERCOURSES AND SEA DEFENCES

    1. 21.Powers of maintenance in relation to designated watercourses and sea defences

    2. 22.Bye-laws

    3. 23.Liability of occupiers of land protected by sea defences

    4. 24.Duty of occupiers with respect to undesignated watercourses

  6. PART V EXECUTION AND FINANCING OF CERTAIN WORKS

    1. 25.Power of Ministry to carry out works on behalf of other persons

    2. 26.Power of Ministry to contribute to cost of works

    3. 27.Agreements with occupiers of land for contributions towards cost of certain works

    4. 28.Agreements for contributions towards cost of sea defence works

  7. PART VI MISCELLANEOUS AND GENERAL

    1. 29.Transfer, etc., of drainage trusts and funds to the Ministry

    2. 29A.Dissolution of drainage trusts

    3. 30.Drainage schemes extending outside Northern Ireland

    4. 31.Noxious weeds

    5. 32.Protection of watercourses

    6. 33.Control of dams and sluices

    7. 34.Power of Ministry to execute experimental, etc., work

    8. 34A.Power of Department to charge for exercise of functions

    9. 35.Provisions as to recovery of expenses

    10. 36.Miscellaneous offences

    11. 37.Entry on and inspection of land, etc.

    12. 38.Limitation of liability for flooding, etc.

    13. 39.Protection for officers of Ministry

    14. 40.Protection of fisheries

    15. 40A.Protection for water and sewerage undertakers

    16. 41.Special provisions relating to Erne drainage and navigation

    17. 42.Financial provisions

    18. Art.43, with Schedule 8, effects amendments

    19. 44.Transitional and saving provisions

    20. Art.45, with Schedule 10, effects repeals

  8. SCHEDULES

    1. SCHEDULE 1

      CONSTITUTION AND PROCEEDINGS OF THE DRAINAGE COUNCIL

      1. 1.The Drainage Council shall consist of eighteen persons appointed by the Minister of whom— (a)...

      2. 2.Where a body which the Minister is satisfied represents the interests of district councils comes...

      3. 3.(1) The members of the Council shall be appointed in the year 2011 and in...

      4. 4.The chairman of the Drainage Council shall be such one of the members thereof as...

      5. 5.A casual vacancy occurring in the membership of the Drainage Council shall be filled by...

      6. 6.A member of the Drainage Council may resign his membership by giving notice in writing...

      7. 7.The quorum of the Drainage Council shall be five and, subject thereto, the Council may,...

      8. 8.The Ministry, after consultation with the Ministry of Finance , shall appoint a fit and...

    2. SCHEDULE 2

      DESCRIPTION OF DRAINAGE WORKS, ETC.

      1. 1.Clearing of watercourses, whether natural or artificial, including— (a) the removal of obstructions, including fallen...

      2. 2.Works in connection with watercourses, whether natural or artificial, and their feeders, including— (a) the...

      3. 3.Works in connection with agricultural land, that is to say— (a) the draining of farm...

      4. 4.New construction, including— (a) the diversion of watercourses, whether natural or artificial, and their feeders;...

      5. 5.Removal or alteration of artificial objects such as weirs, sluices, dams, sea defence works, etc.

      6. 6.Sea defence works.

      7. 7.Such other works or classes of works as may be considered by the Ministry to...

    3. SCHEDULE2A

      INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENT

      1. 1.Description of the drainage works or drainage scheme (“the works”), including in particular— (a) a...

      2. 2.A description of the reasonable alternatives (for example in terms of design, technology, location, size...

      3. 3.A description of the relevant aspects of the current state of the environment and an...

      4. 4.A description of the factors specified in paragraph 1 of Schedule 2C likely to be...

      5. 5.A description of the likely significant effects of the works on the environment resulting from,...

      6. 6.The description of the likely significant effects on the factors set out in paragraph 4...

      7. 7.A description of the forecasting methods or evidence used to identify and assess the significant...

      8. 8.A description of the measures envisaged to avoid, prevent, reduce and where possible, offset any...

      9. 9.A description of the expected significant adverse effects of the works on the environment deriving...

      10. 10.A non-technical summary of the information provided under paragraphs 1 to 9.

      11. 11.A reference list detailing the sources used for the descriptions and assessments included in the...

    4. SCHEDULE2B

      SELECTION CRITERIA ...

      1. Characteristics of drainage works or drainage schemes “the works”

      2. 1.The characteristics of drainage works or drainage schemes must be considered having regard, in particular,...

      3. Location of drainage works or drainage schemes

      4. 2.The environmental sensitivity of geographical areas likely to be affected by the works must be...

      5. Type and characteristics of the potential impact

      6. 3.The likely significant effects on the environment must be considered in relation to the criteria...

    5. SCHEDULE2C

      ENVIRONMENTAL FACTORS TO BE TAKEN INTO ACCOUNT

      1. 1.The environmental statement shall identify, describe and assess in an appropriate manner, in the light...

      2. 2.The effects referred to in paragraph 1 on the factors set out in that paragraph...

    6. SCHEDULE 3

      MODIFICATION OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 10

      1. 1.References to the Ministry or to the Council shall be construed as references to the...

      2. 2.References to the said Schedule 6 shall be construed as references to that Schedule as...

      3. 3.Paragraph 1 shall be omitted.

      4. 4.In paragraph (2)— (a) for the words from the beginning to “directs,” there shall be...

      5. 5.In paragraph 3(1)(ii), for the word “refuse” there shall be substituted the words “ decide...

      6. 6.In paragraph 4, the words from “and may provide” to the end of the paragraph...

      7. 7.In paragraph 5— (a) in sub-paragraph (1)( a ), the words “in the prescribed form...

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

      9. 9.In paragraph 11(3), the words “in the prescribed form” shall be omitted.

      10. 10.In paragraph 12— (a) in sub-paragraph (1), the words “such” and “as may be prescribed”...

      11. 11.In paragraph 14(1), the words “in the prescribed form” shall be omitted.

      12. 12.In paragraph 15(1), for the words “in the prescribed form” there shall be substituted the...

      13. 13.Paragraph 19 shall be omitted.

      14. 14.In paragraph 20, sub-paragraph (2) shall be omitted.

    7. SCHEDULE 4

      PROCEDURE FOR MAKING BYE-LAWS

      1. 1.Before making any bye-laws under Article 22, the Ministry shall prepare a draft of the...

      2. 2.The Ministry shall, at the request of any person, furnish him with a copy of...

      3. 3.The Ministry may make the bye-laws in the terms of the draft or in those...

      4. 4.If, before the end of the period of twenty-eight days mentioned in paragraph 1 or,...

    8. SCHEDULE 5

      DUTIES OF OCCUPIERS WITH RESPECT TO UNDESIGNATED WATERCOURSES, ETC.

      1. 1.Subject to paragraphs 2 and 3, the occupier of any land on or through which...

      2. 2.(1) Where an undesignated watercourse forms a boundary between land in the occupation of different...

      3. 3.This Schedule shall not be construed as imposing any obligation on an occupier of land...

      4. 4.The Ministry may at any time, by a notice in writing served on the occupier...

      5. 5.Any notice under paragraph 4 shall— (a) specify in reasonable detail the works that the...

      6. 6.When a notice under paragraph 4 has been served on a person, the following provisions...

      7. 7.If, within the specified time, an occupier of land has failed to comply with a...

      8. 8.In paragraphs 7 and 9, “specified time” means— (a) in relation to a notice under...

      9. 9.If a person on whom a notice has been served under this Schedule fails to...

      10. 10.Nothing in this Schedule shall affect the right of every person to recover under the...

      11. 11.Where a person has, in order to comply with the requirements of this Schedule, scoured...

      12. 12.In this Schedule— “construction” includes any embankment, wall, valve or sluice connected with a watercourse,...

    9. SCHEDULE 6

      PROTECTION OF WATERCOURSES

      1. 1.A person shall not— (a) place any solid matter in any watercourse or, save as...

      2. 2.The construction, reconstruction or alteration of a bridge by an authority, within the meaning of...

      3. 3.A consent or approval required under paragraph 1 shall not be unreasonably withheld, and— (a)...

      4. 4.If any question arises under this Schedule as to whether the consent of the Ministry...

      5. 5.If any person contravenes paragraph 1, then, without prejudice to the following provisions of this...

      6. 6.If, in contravention of paragraph 1— (a) any solid matter is placed; or (b) the...

      7. 7.A person shall not be liable to both a fine under paragraph 5 and a...

      8. 8.(1) Without prejudice to paragraphs 5 to 7, the Ministry may, where it is satisfied...

      9. 9.(1) The occupier of any land in the vicinity of any watercourse or sea defences...

      10. 10.(1) The Ministry may, if it considers that any tree or structure in the vicinity...

      11. 11.The giving of any consent or approval, or the approval of any plan, section or...

      12. 12.Nothing in this Schedule shall— (a) operate in derogation of any provision having the force...

      13. 13.In this Schedule— “bridge” includes a culvert or other like structure in or over a...

    10. SCHEDULE 7

      ERNE DRAINAGE AND NAVIGATION

      1. PART I GENERAL PROVISIONS

        1. The principal agreement

          1. 1.In this Schedule, “the principal agreement” means the agreement made on the 4th September 1950...

          2. 2.(1) Subject to the provisions of this paragraph, the Ministry may at any time enter...

          3. 3.For the purposes of carrying the principal agreement into effect, the Ministry may exercise the...

        2. Drainage of Upper and Lower Lough Erne

          1. 4.The Ministry shall be the drainage authority for the purpose of reducing the flooding caused...

        3. Works schemes

          1. 5.(1) The Ministry may prepare a scheme or schemes for the purposes of the carrying...

          2. 6.(1) After the preparation of a scheme, the Ministry shall— (a) send a copy of...

          3. 7.After the expiration of twenty-eight days from the service of notices in pursuance of paragraph...

          4. 8.For the purposes of this Schedule, the provisions of this Order specified in Part II...

          5. 9.(1) Where, in carrying out works under this Schedule— (a) any road, bridge, culvert or...

          6. 10.(1) Where, in pursuance of the provisions of the principal agreement, such works have been...

        4. Finance

          1. 11.(1) For the purposes of the principal agreement, the account known as the Erne Development...

        5. Miscellaneous and general

          1. Paras. 12, 13, 13A rep. by 1999 NI 6

          2. Paras. 12, 13, 13A rep. by 1999 NI 6

          3. 14.(1) An Arbitration Tribunal constituted in accordance with the provisions of the principal agreement may...

          4. 15.Notwithstanding anything to the contrary in any statutory provision, stamp duty shall not be chargeable...

          5. 16.In this Schedule— “the Board” has the meaning assigned to it by paragraph 1; “confirmed...

      2. PART II PROVISIONS OF THE ORDER APPLIED FOR THE PURPOSES OF THIS SCHEDULE

        1. 17.The provisions of this Order applied by paragraph 8 of this Schedule are as follows—...

      3. PART III MODIFICATIONS OF THE PROVISIONS APPLIED BY PART II

        1. 18.The provisions of this Order specified in Part II shall, in their application for the...

    11. Schedule 8—Amendments

    12. SCHEDULE 9

      TRANSITIONAL AND SAVING PROVISIONS

      1. Savings for Secretary of State Transitional provisions relating to interest payable on certain compensation (1)...

        1. Savings for Secretary of State

          1. Transitional provisions relating to interest payable on certain compensation

          2. 1.An order by the Ministry of Finance under sub-paragraph (2) of paragraph 18 of Schedule...

        2. Savings for Secretary of State

          1. 2.The administrative powers conferred by this Order on the Ministry shall not be taken to...

          2. 3.(1) Subject to the provisions of this paragraph, nothing in this Order or any scheme...

        3. Saving for powers under other statutory provisions and powers of certain trustees, etc.

          1. 4.Nothing in this Order shall, except when otherwise expressly provided, affect the provisions of any...

          2. 5.Notwithstanding the repeal of any statutory provision by this Order— (a) any loan repayable under...

          3. 6.Nothing in this Order shall affect the provisions of sections 28 and 29 of the...

    13. Schedule 10—Repeals