http://www.legislation.gov.uk/nisi/1973/69/contents/2006-03-20Drainage (Northern Ireland) Order 1973texttext/xmlenStatute Law Database2024-06-042006-03-20Drainage (Northern Ireland) Order 1973PART IINTRODUCTORY1Title and commencement2InterpretationPART IIFUNCTIONS OF DRAINAGE COUNCIL AND MINISTRY3Functions of Drainage Council4Submission of particulars with respect to designated watercourses5Right to apply for review of determination of Drainage Council6Ministry to be drainage authority7General powers of the Ministry8Emergency works: watercourses9Emergency works: sea defences10Powers of Ministry in relation to landPART IIIDRAINAGE SCHEMES11Preparation of drainage schemes12Restrictions on drainage schemes12AConsultations and determination of whether a drainage scheme has significant effects on the environment12BDrainage schemes likely to have significant effects on the environment12CPreparation of an environmental statement and consultations thereon12DPublicity for an environmental statement12EAssistance in the preparation of an environmental statement12FCharges12GDrainage schemes likely to have significant effects on the environment in another EEA State12HDetermination of whether a drainage scheme should proceed13Confirmation of drainage schemes13APublic Participation14The carrying out of drainage schemes15Provisions in regard to roads, bridges, culverts and embankments16Amendment of drainage schemes17Compensation for certain losses due to construction of drainage works18Compensation for injury to canals, fisheries, etc.19Matters to be regarded in assessing compensation20Disposal of surplus lands, etc.PART IVMAINTENANCE OF WATERCOURSES AND SEA DEFENCES21Powers of maintenance in relation to designated watercourses and sea defences22Bye-laws23Liability of occupiers of land protected by sea defences24Duty of occupiers with respect to undesignated watercoursesPART VEXECUTION AND FINANCING OF CERTAIN WORKS25Power of Ministry to carry out works on behalf of other persons26Power of Ministry to contribute to cost of works27Agreements with occupiers of land for contributions towards cost of certain works28Agreements for contributions towards cost of sea defence worksPART VIMISCELLANEOUS AND GENERAL29Transfer, etc., of drainage trusts and funds to the Ministry29ADissolution of drainage trusts30Drainage schemes extending outside Northern Ireland31Noxious weeds32Protection of watercourses33Control of dams and sluices34Power of Ministry to execute experimental, etc., work34APower of Department to charge for exercise of functions35Provisions as to recovery of expenses36Miscellaneous offences37Entry on and inspection of land, etc.38Limitation of liability for flooding, etc.39Protection for officers of Ministry40Protection of fisheries40AProtection for water and sewerage undertakers41Special provisions relating to Erne drainage and navigation42Financial provisionsArt.43, with Schedule 8, effects amendments 44Transitional and saving provisionsArt.45, with Schedule 10, effects repeals SCHEDULESSCHEDULE 1CONSTITUTION AND PROCEEDINGS OF THE DRAINAGE COUNCIL1The Drainage Council shall consist of eighteen persons appointed by ...2Where a body which the Minister is satisfied represents the ...3The members of the Council shall be appointed in the ...4The chairman of the Drainage Council shall be such one ...5A casual vacancy occurring in the membership of the Drainage ...6A member of the Drainage Council may resign his membership ...7The quorum of the Drainage Council shall be five and, ...8The Ministry, after consultation with the Ministry of Finance , ...SCHEDULE 2DESCRIPTION OF DRAINAGE WORKS, ETC.1Clearing of watercourses, whether natural or artificial, including— the removal ...2Works in connection with watercourses, whether natural or artificial, and ...3Works in connection with agricultural land, that is to say— ...4New construction, including— the diversion of watercourses, whether natural or ...5Removal or alteration of artificial objects such as weirs, sluices, ...6Sea defence works.7Such other works or classes of works as may be ...SCHEDULE 2APART Iinformation for inclusion in environmental statement1Description of the drainage works including in particular— a description ...2An outline of the main alternatives studied by the Department ...3A description of the aspects of the environment likely to ...4A description of the likely significant effects of the proposed ...5A description of the measures envisaged to prevent, reduce and, ...6A non-technical summary of the information provided under paragraphs 1 ...7An indication of any difficulties (technical difficulties or lack of ...PART IIA description of the drainage works comprising information on the ...1A description of the drainage works comprising information on the ...2A description of the measures envisaged in order to avoid, ...3The data required to identify and assess the main effects ...4An outline of the main alternatives studied by the applicant ...5A non-technical summary of the information provided under paragraphs 1 ...SCHEDULE 2BSELECTION CRITERIA REFERRED TO IN ARTICLE 4.3 OF COUNCIL DIRECTIVE ...1Characteristics of drainage works2Location of drainage works3Characteristics of the potential impactSCHEDULE 2CENVIRONMENTAL FACTORS TO BE TAKEN INTO ACCOUNTAccount shall be taken in particular of the direct and ...Account shall be taken in particular of the direct and ...SCHEDULE 3MODIFICATION OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN ...1References to the Ministry or to the Council shall be ...2References to the said Schedule 6 shall be construed as ...3Paragraph 1 shall be omitted.4In paragraph (2)— for the words from the beginning to ...5In paragraph 3(1)(ii), for the word “refuse” there shall be ...6In paragraph 4, the words from “and may provide” to ...7In paragraph 5— in sub-paragraph (1)( a ), the words ...8In paragraph 6(2), for the words “fund out of which ...9In paragraph 11(3), the words “in the prescribed form” shall ...10In paragraph 12— in sub-paragraph (1), the words “such” and ...11In paragraph 14(1), the words “in the prescribed form” shall ...12In paragraph 15(1), for the words “in the prescribed form” ...13Paragraph 19 shall be omitted.14In paragraph 20, sub-paragraph (2) shall be omitted.SCHEDULE 4PROCEDURE FOR MAKING BYE-LAWS1Before making any bye-laws under Article 22, the Ministry shall ...2The Ministry shall, at the request of any person, furnish ...3The Ministry may make the bye-laws in the terms of ...4If, before the end of the period of twenty-eight days ...SCHEDULE 5DUTIES OF OCCUPIERS WITH RESPECT TO UNDESIGNATED WATERCOURSES, ETC.1Subject to paragraphs 2 and 3, the occupier of any ...2Where an undesignated watercourse forms a boundary between land in ...3This Schedule shall not be construed as imposing any obligation ...4The Ministry may at any time, by a notice in ...5Any notice under paragraph 4 shall— specify in reasonable detail ...6When a notice under paragraph 4 has been served on ...7If, within the specified time, an occupier of land has ...8In paragraphs 7 and 9, “specified time” means— in relation ...9If a person on whom a notice has been served ...10Nothing in this Schedule shall affect the right of every ...11Where a person has, in order to comply with the ...12In this Schedule— “construction” includes any embankment, wall, valve or ...SCHEDULE 6PROTECTION OF WATERCOURSES1A person shall not— place any solid matter in any ...2The construction, reconstruction or alteration of a bridge by an ...3A consent or approval required under paragraph 1 shall not ...4If any question arises under this Schedule as to whether ...5If any person contravenes paragraph 1, then, without prejudice to ...6If, in contravention of paragraph 1— any solid matter is ...7A person shall not be liable to both a fine ...8Without prejudice to paragraphs 5 to 7, the Ministry may, ...9The occupier of any land in the vicinity of any ...10The Ministry may, if it considers that any tree or ...11The giving of any consent or approval, or the approval ...12Nothing in this Schedule shall— operate in derogation of any ...13In this Schedule— “bridge” includes a culvert or other like ...SCHEDULE 7ERNE DRAINAGE AND NAVIGATIONPART IGENERAL PROVISIONSThe principal agreement1In this Schedule, “the principal agreement” means the agreement made ...2Subject to the provisions of this paragraph, the Ministry may ...3For the purposes of carrying the principal agreement into effect, ...Drainage of Upper and Lower Lough Erne4The Ministry shall be the drainage authority for the purpose ...Works schemes5The Ministry may prepare a scheme or schemes for the ...6After the preparation of a scheme, the Ministry shall— send ...7After the expiration of twenty-eight days from the service of ...8For the purposes of this Schedule, the provisions of this ...9Where, in carrying out works under this Schedule— any road, ...10Where, in pursuance of the provisions of the principal agreement, ...Finance11For the purposes of the principal agreement, the account known ...Miscellaneous and generalParas. 12, 13, 13A rep. by 1999 NI 6Paras. 12, 13, 13A rep. by 1999 NI 614An Arbitration Tribunal constituted in accordance with the provisions of ...15Notwithstanding anything to the contrary in any statutory provision, stamp ...16In this Schedule— “the Board” has the meaning assigned to ...PART IIPROVISIONS OF THE ORDER APPLIED FOR THE PURPOSES OF THIS ...17The provisions of this Order applied by paragraph 8 of ...PART IIIMODIFICATIONS OF THE PROVISIONS APPLIED BY PART II18The provisions of this Order specified in Part II shall, ...Schedule 8—AmendmentsSCHEDULE 9TRANSITIONAL AND SAVING PROVISIONSSavings for Secretary of State Transitional provisions relating to interest ...Savings for Secretary of State1Transitional provisions relating to interest payable on certain compensationSavings for Secretary of State2The administrative powers conferred by this Order on the Ministry ...3Subject to the provisions of this paragraph, nothing in this ...Saving for powers under other statutory provisions and powers of ...4Nothing in this Order shall, except when otherwise expressly provided, ...5Notwithstanding the repeal of any statutory provision by this Order— ...6Nothing in this Order shall affect the provisions of sections ...Schedule 10—Repeals1973 No. 69 (NI 1)Drainage (Northern Ireland) Order 1973[19th January 1973]