PART IIIWORKS AND LAND

Acquisition of water rights11 F2

1

The Ministry may impound or abstract water from any waterway or water contained in underground strata.

2

Where the Ministry proposes after 1st October 1973 to impound or abstract water, it shall, subject to paragraph (3)—

a

inform the Foyle Fisheries Commission, where the water to be impounded or abstracted is within the Londonderry Area;

b

inform the Fisheries Conservancy Board for Northern Ireland, where the water to be impounded or abstracted is outside the Londonderry Area;

c

take all reasonable steps to inform persons who in its opinion will be affected thereby;

d

give public notice of its intention to do so by publishing at least once in each of two successive weeks, in one or more newspapers circulating in the locality, a notice stating the general effect of its proposals.

3

Paragraph (2) shall not apply to any impounding or abstraction of water—

a

by means of works which are in operation or under construction on 1st October 1973;

b

which has been authorised by an order made by the Ministry under [F3 section 22 of the Local Government Act (Northern Ireland) 1934 [1934 c.22] ];

c

which is approved by the Ministry under section 1(2) of the Lough Neagh Drainage (Amendment) Act (Northern Ireland) 1970 [1970 c.7] ;

d

which is approved under regulations made underF4 Article 20 of the Water (Northern Ireland) Order 1999.

4

Any person aggrieved by a proposal of the Ministry to impound or abstract water may appeal to the Appeals Commission against the proposal within twenty-eight days from the date on which the Ministry informs him of the proposal under paragraph (2)( a), ( b) or ( c) or public notice of it [F3 is given for the second time] under paragraph (2)( d), whichever happens first.

5

Where the impounding or abstraction of water by the Ministry reduces the flow of water in any waterway or reduces the amount of water in underground strata the Ministry shall—

a

provide an adequate amount of compensation water; or

b

pay compensation to any person who suffers loss or damage as a result of the impounding or abstraction.

6

In determining the amount of compensation water required under paragraph (5)( a), regard shall be had—

a

to the character and flow of the waterway;

b

to the extent to which the waterway or water is, or may be, used for water supply, the disposal of effluent, fisheries, the generation of power and navigation;

c

to the value of the waterway or water for amenity, recreation and nature conservation;

d

to the interests of public health;

e

to the rights of riparian owners and of owners of fishing rights.

7

Where the Ministry impounds or abstracts water under paragraph (1) and provides compensation water under paragraph (5)( a), then if there is any change in circumstances the amount of that compensation water may be varied accordingly.

8

Any dispute as to compensation or as to the amount or any variation of the amount of compensation water required to be paid or provided under this Article shall be referred to and determined by the Lands Tribunal.