Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations set out a control regime for regulating the abstraction of water from underground strata or waterways and the construction, alteration or operation of impounding works, referred to in the Regulations as “controlled activities”.

Part 1 sets out general provisions. Regulation 3 provides for exemptions and Regulation 4 prohibits the carrying on of any controlled activity unless authorised under the Regulations.

Part 2 describes the types of authorisations which are available under the Regulations in respect of controlled activities. Any controlled activity mentioned in Schedule 1 is authorised under the Regulations provided it is carried on in accordance with any conditions specified in respect of it. These types of authorisation are referred to in the Regulations as “permitted controlled activities”. Otherwise (and providing that they are not exempt under regulation 3) controlled activities require a licence under regulation 10.

Part 4 of the Regulations makes provision for licence applications and their determination. It includes provision relating to advertisement in cases where the controlled activity is likely to have a significant adverse impact on the water environment (regulation 9) and for consideration of the impact of the proposed controlled activity on any site protected under the Conservation (Natural Habitats etc.) Regulations (N.I) 1995 (regulations 11 and 12). Provision is also made for the review of licences granted under the Regulations and for their modification, transfer, surrender and revocation.

Part 5 makes provision for the enforcement of the Regulations. Regulation 20 enables the Department to issue enforcement notices to ensure compliance with the Regulations and to remedy or prevent significant adverse impacts on the water environment. Where such enforcement notices require the carrying out of work on land other than that owned by the person on whom the notice is served, provision is made in regulation 22 entitling the owner of that land to compensation for the access which he is obliged under the Regulations to provide. Regulation 23 makes provision for DOE to take proceedings in the High Court against a person who has failed to comply with the requirements of an enforcement notice where it considers prosecution for such failure would not afford an effectual remedy.

Part 6 deals with the registration by DOE of various matters dealt with under the Regulations.

Part 7 makes provision in relation to offences and includes provision enabling a court, in addition to, or instead of, imposing a punishment to order the convicted person to carry out steps to mitigate or remedy the adverse impact on the water environment resulting from the commission of the offence.

Regulation 29 makes provision for appeals.

Regulation 30 introduces transitional provisions which are contained in Schedule 4.

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy can be obtained from Environmental Policy Division, Department of the Environment, 12^th Floor, River House, High Street, Belfast, BT1 2DR.