Power to make drought ordersN.I.
137.—(1) If the Department is satisfied that, by reason of an exceptional shortage of rain, there exists or is threatened—
(a)a serious deficiency of supplies of water in any area; or
(b)such a deficiency in the flow or level of water in any inland waters as to pose a serious threat to any of the flora or fauna which are dependent on those waters,
then, subject to the following provisions of this Chapter, it may by order (in this Chapter referred to as a “drought order”) make such provision authorised by this Chapter as appears to the Department to be expedient with a view to meeting the deficiency.
(2) Subject to Article 139(2), the power to make a drought order in relation to any area shall not be exercisable unless an application is made to the Department—
(a)in the case of a drought order under paragraph (1)(a), by a water undertaker which supplies water to premises in that area, after consultation with [F1DAERA] ;
(b)in the case of a drought order under paragraph (1)(b), [F2by DAERA.]
(3) Schedule 5 shall have effect with respect to the procedure on an application for a drought order.
Textual Amendments
F1Word in art. 137(2)(a) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 77(a) (with art. 9(2))
F2Words in art. 137(2)(b) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 77(b) (with art. 9(2))
Commencement Information
I1Art. 137 wholly in operation at 1.4.2007; art. 137 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); art. 137 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)