The 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 of water: offences

      2. 7A. Exceptions

      3. 7B. Discharges into and from public sewers, etc.

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

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

      6. 10. Relationship of this Part with other statutory provisions controlling pollution

      7. 11. Power to make scheme of charges

      8. 12. Enforcement notices

      9. 13. Appeals in respect of consents

      10. 14. Regulations as to prevention of pollution

      11. 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. 28A. Provision of information

      6. 29. Penalties for false information

      7. 29A. Restriction on disclosure of 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 assimilated and other international obligations, etc.

       3. 36A. Civil Liability

       4. 37. Prosecutions

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

       6. 38A. Application of this Part to the Crown

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 assimilated 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. Article 63—Amendments and repeals

6. SCHEDULES

   1. SCHEDULE 1

      DISCHARGE CONSENTS

      1. Application for consent (1) (1) An application for a discharge consent— (a) shall be made...

         1. Application for consent

            1. 1. (1) An application for a discharge consent— (a) shall be made to the Department on...

         2. Consultation in connection with applications

            1. 1A. (1) Subject to sub-paragraph (2), the Department shall give notice of any application under paragraph...

         3. Consideration and determination of applications

            1. 2. (1) On an application under paragraph 1 the Department shall be under a duty, if...

         4. Public inquiries

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

         5. Consents without applications

            1. 4. (1) If it appears to the Department— (a) that a person has discharged effluent or...

         6. Revocation of consents and alteration and imposition of conditions

            1. 5. (1) The Department may from time to time review any discharge consent given under paragraph...

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

            1. 6. (1) Each instrument signifying the consent of the Department under paragraph 2 or 4 shall...

         8. Applications for variation

            1. 7. (1) The holder of a discharge consent given under paragraph 2 or 4 may apply...

         9. Transfer of consents

            1. 8. (1) A discharge consent given under paragraph 2 or 4 may be transferred by the...

   2. SCHEDULE 2

      ORDERS CONFERRING COMPULSORY POWERS FOR EXECUTING WORKS

      1. 1. Before making an order under Article 23(2) the Department shall prepare a draft of the...

      2. 2. Not later than the date on which the notice is first published in pursuance of...

      3. 3. The Department shall also publish in the Belfast Gazette a notice stating that the draft...

      4. 4. The Department shall, at the request of any person, furnish him with a copy of...

      5. 5. The Department may make the order in the terms of the draft or in those...

      6. 6. (1) If before the end of the period of 28 days referred to in paragraph...

      7. 7. (1) If the value of any estate in land to which this sub-paragraph applies is...

   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 construed as references to the...

      2. 2. References to Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall be construed...

      3. 3. Omit paragraph 1.

      4. 4. In paragraph 2— (a) for the words from the beginning to “directs” substitute the words...

      5. 5. In paragraph 3(1)(ii) for the word “refuse” substitute the words “decide not” .

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

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

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

      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 “such” and “as may be...

      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” substitute the words “in such...

      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 fallen or ingrowing trees, refuse...

      2. 2. Works in connection with waterways, including— (a) the cleansing, widening, deepening, covering or otherwise improving...

      3. 3. New construction, including— (a) the diversion of waterways; (b) the cutting through of “U” or...

      4. 4. Removal, alteration or improvement of artificial objects such as sluices, dams, sea defence works, pumping...

      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 considered by the Department to...

   5. SCHEDULE 5

      Provisions of the Drainage Order applied for the purposes of environmental impact assessment of canal schemes

      1. PART 1 Provisions of the Drainage Order applied by Article 45(1)

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

      2. PART 2 Provisions of the Drainage Order applied by Article 45(1A)

         1. 2. The provisions of the Drainage Order applied by Article 45(1A) of this Order are as...

      3. PART 3 Modifications of the provisions applied by Parts 1 and 2

         1. 3. The provisions of the Drainage Order specified in Parts 1 and 2 of this Schedule...

   6. SCHEDULE 6

      PROCEDURE FOR MAKING ORDERS UNDER ARTICLE 57(1)

      1. 1. Where the Department proposes to adopt a water management programme by order under Article 57(1),...

      2. 2. The Department shall, if so requested by any person, furnish him with a copy of...

      3. 3. The Department may alter the terms of the draft programme in such manner as the...

      4. 4. If, before the end of the period of 28 days referred to in paragraph 1,...

      5. 5. Sub-paragraphs (2) and (3) of paragraph 3 of Schedule 1 apply in relation to an...

      6. 6. An objection shall not be made to the Appeals Commission in respect of any watercourse...

      7. 7. After the expiry of the period of 28 days referred to in paragraph 1 and,...

      8. 8. If the Department adopt a water management programme under Article 57(1), the Department shall make...

      9. 9. In this Schedule “designated watercourse” and “watercourse” have the meanings assigned by Article 2(2) of...

   7. Schedule 7—Amendments Schedule 8—Repeals

      1. Schedule 7—Amendments

      2. Schedule 8—Repeals