(1)Where—
(a)an application is made to the Department F3... under[F4 paragraph 1 of Schedule 1 to the Water (Northern Ireland) Order 1999 ( “the 1999 Order”)], and
(b)in the opinion of [F5the 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,
[F6the Department may] 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a local public inquiry to be held under section 11A(3) shall also consider any objection (other than one which is withdrawn or is, in the opinion of the Department F7..., vexatious, frivolous or insubstantial) received in response to[F4 the advertisment of the application under paragraph 1 of Schedule 1 to 1999 Order], F8...
F9(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Department F10... shall give notice of any direction made under subsection (1) to—
(a)the person making the application;
[F11(b)the Foyle, Carlingford and Irish Lights Commission, where the discharge is to be made in the Londonderry Area or the Newry area;]
(c)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and (without prejudice to section 23 of the Interpretation Act (Northern Ireland) 1954) that person and the Foyle Fisheries Commission F13. . . shall be entitled to appear and be heard at the inquiry.
(3)[F4Article 13(1) of the 1999 Order] shall not apply to such an application where the Department F14... makes a direction under subsection (1) of this section.
(4)[F4Paragraph 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]
F2funcions transf. by SR 2003/163
F3Words in s. 11B(1)(a) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 64(2)(a) (with art. 9(2))
F5Words in s. 11B(1)(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. 64(2)(b) (with art. 9(2))
F6Words in s. 11B(1) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 64(2)(c) (with art. 9(2))
F7Words in s. 11B(1)(i) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 64(2)(d) (with art. 9(2))
F8Word in s. 11B(1)(i) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 64(2)(e) (with art. 9(2))
F9S. 11B(1)(ii) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 64(2)(f) (with art. 9(2))
F10Words in s. 11B(2) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 64(3) (with art. 9(2))
F11SI 1999/859
F12S. 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)
F13Words 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)
F14Words in s. 11B(3) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 64(4) (with art. 9(2))
