Fisheries Act (Northern Ireland) 1966

[F1 11B F2 Discharge of effluent. N.I.

(1) Where—

(a) an application is made to the Department of the Environment under[F3 paragraph 1 of Schedule 1 to the Water (Northern Ireland) Order 1999 ( “the 1999 Order”)], and

(b) in the opinion of that Department, the purpose of the application is to obtain its consent to the discharge into a waterway of effluent or matter in connection with the operation of a fish farm,

the Department of the Environment may, with the approval of the Department, make a direction—

(i) that a local public inquiry to be held under section 11A(3) shall also consider any objection (other than one which is withdrawn or is, in the opinion of the Department of the Environment, vexatious, frivolous or insubstantial) received in response to[F3 the advertisment of the application under paragraph 1 of Schedule 1 to 1999 Order], and

(ii) that the report on the inquiry shall be delivered to each Department.

(2) The Department of the Environment shall give notice of any direction made under subsection (1) to—

(a) the person making the application;

[F4 (b) the Foyle, Carlingford and Irish Lights Commission, where the discharge is to be made in the Londonderry Area or the Newry area;]

(c) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and (without prejudice to section 23 of the Interpretation Act (Northern Ireland) 1954) that person and the Foyle Fisheries Commission F6 . . . shall be entitled to appear and be heard at the inquiry.

(3) [F3 Article 13(1) of the 1999 Order] shall not apply to such an application where the Department of the Environment makes a direction under subsection (1) of this section.

(4) [F3 Paragraph 2(2) of Schedule 1 to the 1999 Order shall not apply to any application under paragraph 1 of Schedule 1 to that Order] for the purpose mentioned in paragraph (b) of subsection (1) of this section.

Subs. (5) rep. by 1999 NI 6]

F1 1991 NI 13

F2 funcions transf. by SR 2003/163

F3 1999 NI 6

F4 SI 1999/859

F5 S. 11B(2)(c) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(4), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)

F6 Words in s. 11B(2) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(4), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)