The Water (Northern Ireland) Order 1999

Pollution control register N.I.

30.—(1) The Department shall, in accordance with regulations, maintain registers containing prescribed particulars of or relating to—

(a) any notices of water quality objectives or other notices published or served under Article 6;

(b) any notices served under Article 8 and any convictions for offences under that Article;

(c) applications made for discharge consents;

(d) discharge consents given by the Department and the conditions, if any, to which the consents are subject;

(e) applications made to the Department for the variation of discharge consents;

(f) enforcement notices served under Article 12;

(g) revocations under paragraph 5 of Schedule 1 of discharge consents;

(h) appeals under Article 13;

(i) convictions, for offences under Article 9, of persons who have the benefit of discharge consents;

(j) information obtained or furnished in pursuance of conditions of discharge consents;

(k) works notices;

(l) appeals under Article 17(7);

(m) convictions for offences under Article 19;

(n) any matter about which particulars are required to be kept in any register[F1 under regulations made under Article 4 of the Environment (Northern Ireland) Order 2002 or;] under Article 20 of the [1997 NI 18.] Industrial Pollution Control (Northern Ireland) Order 1997 (particulars about authorisations for prescribed processes, etc.) by the chief inspector appointed under that Order;

(o) the following, that is to say—

(i) particulars of sampling points fixed under Article 25(5);

(ii) samples of water or effluent taken by the Department for the purposes of any of the provisions of this Part;

(iii) information produced by analyses of those samples;

(iv) such information with respect to samples of water or effluent taken by any other person, and the analyses of those samples as is acquired by the Department from any person under arrangements made by the Department for the purposes of any of those provisions; and

(v) the steps taken in consequence of any such information as is mentioned in any of heads (ii) to (iv);

[F2 (oa) such matters relating to the abstraction or impounding of water as may be prescribed;]

(p) such other matters relating to the quality of water or the pollution of water as may be prescribed.

(2) Where information of any description is excluded from any register by virtue of Article 32, a statement shall be entered in the register indicating the existence of information of that description.

(3) The Department shall—

(a) ensure that the contents of registers maintained under this Article are available, at all reasonable times, for inspection by the public free of charge; and

(b) afford members of the public reasonable facilities for obtaining from the Department, on payment of reasonable charges, copies of entries in any of the registers.

(4) A register maintained under this Article shall, in favour of a person charged with an offence under this Part, be conclusive evidence as to the terms of any discharge consent, or any condition to which such a consent is subject, as that consent, or that condition, as the case may be, has effect for the time being.

F1 2002 NI 7

F2 Art. 30(1)(oa) inserted (1.8.2006) by Water and Sewerage Services (Miscellaneous Provisions) (Northern Ireland) Order 2006 (S.I. 2006/1946 (N.I. 15)), arts. 1(2), 5(9)