The Water (Northern Ireland) Order 1999

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Water (Northern Ireland) Order 1999.

(2) Subject to paragraphs (3) and (4), this Order shall come into operation on such day or days as the Department of the Environment may by order appointF1 .

(3) The provisions of this Order set out in paragraph (4) shall come into operation on—

(a) the expiration of one month from the day on which this Order is made; or

(b) the day before the day appointed by an Order in Council under section 3 of the [1998 c. 47.] Northern Ireland Act 1998 for the commencement of Parts II and III of that Act,

whichever is the earlier.

(4) The provisions referred to in paragraph (3) are—

(a) this Part;

(b) Part III;

(c) Articles 59 to 62;

(d) Schedule 3 as it applies for the purposes of Article 48(3);

(e) Schedules 4 and 5;

(f) Part I of Schedule 8 and Article 63(2) so far as relating thereto.

(5) An order under paragraph (2) may contain such transitional provisions as appear to the Department of the Environment to be necessary or expedient.

F1 fully exercised by SR 2001/283

Interpretation N.I.

2.—(1) The [1954 c.33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “abstraction” means the doing of anything whereby water is removed from a waterway or underground stratum;

• “the Appeals Commission” means the Water Appeals Commission for Northern Ireland;

• “disposal”, in relation to sewage, includes treatment;

• “the Drainage Order” means the [1973 NI 1.] Drainage (Northern Ireland) Order 1973;

• “effluent” means any liquid, either with or without particles of matter in suspension therein;

• “engineering or building operations”, without prejudice to the generality of that expression, includes—

  (a)

  the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, waterway, dam, weir, well, borehole or other works; and

  (b)

  the installation, modification or removal of any machinery or apparatus;

• “information” includes anything contained in any records, accounts, estimates or returns;

• “modifications” includes additions, alterations and omissions;

• “notice” means notice in writing;

• [F2 “owner” in relation to land, means any person for the time being receiving or entitled to receive the rack rent of any land, whether on his own account or as agent or trustee for another or who, if the land were let at a rack rent, would so receive or be entitled to receive that rent]

• “prescribed” means prescribed by regulations;

• [F3 “public sewer” has the same meaning as in the Water and Sewerage Services (Northern Ireland) Order 2006;]

• “records” includes computer records and any other records kept otherwise than in a document;

• [F4 “sewage effluent” includes any effluent from any waste water treatment works, but does not include surface water (within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006);]

• “statutory provision” has the meaning assigned to it by section 1(f) of the [1954 c.33 (N.I.).] Interpretation Act (Northern Ireland) 1954;

• “tidal waters” includes the sea and the waters of any enclosed dock which adjoins tidal waters;

• “underground strata” means strata subjacent to the surface of any land, and any reference to water contained in any underground strata is a reference to water so contained otherwise than in a public sewer, pipe, reservoir, tank or underground works contained in any such strata;

• “vessel” means every description of vessel (whether with or without means of propulsion of any kind), and includes anything constructed or used to carry persons, goods or plant or machinery by water, or constructed to be propelled or moved on or in water, a seaplane on or in the water and a hovercraft (within the meaning of the [1968 c.59.] Hovercraft Act 1968);

• [F5 “waste water treatment works” has the same meaning as in the Water and Sewerage Services (Northern Ireland) Order 2006;]

• F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “waterway” includes any river, stream, watercourse, inland water (whether natural or artificial) or tidal waters and any channel or passage of whatever kind (whether natural or artificial) through which water flows but does not include—

  (a)

  the waters beyond 3 international nautical miles seaward from the baseline from which the breadth of the territorial sea adjacent to Northern Ireland is measured;

  (b)

  any public sewer or public sewage treatment works;

  (c)

  [F7 any main or service pipe within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006 which is vested in or under the control of a sewerage undertaker;]

  (d)

  any drain or road drain—

  (i)

  constructed and laid by the Department of the Environment under Article 45(1) of the [1993 NI 15.] Roads (Northern Ireland) Order 1993; or

  (ii)

  acquired by the Department of the Environment under Article 45(6) of that Order.

(3) In this Order any reference to a waterway includes a reference to the channel or bed of a waterway which is for the time being dry.

(4) For the purposes of this Order water for the time being contained in—

(a) a well, borehole or similar work, including any adit or passage constructed in connection with it for facilitating the collection of water in the well, borehole or work; or

(b) any excavation into underground strata, where the level of water in the excavation depends wholly or mainly on water entering it from those strata;

shall be treated as water contained in the underground strata into which the well, borehole or work was sunk, or the excavation was made, as the case may be.

F2 Art. 2(2): definition of "owner" substituted (1.4.2007) by Rates (Consequential Provisions) Order (Northern Ireland) 2007 (S.R. 2007/192), art. 2(1), Sch. 1 para. 8

F3 Art. 2(2): definition of "public sewer" substituted (1.4.2007 for certain purposes, otherwise 25.5.2007) for definitions of "public sewage treatment works" and "public sewer" by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 291(2) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with art. 3, Sch. 2); S.R. 2007/282, art. 2(2), Sch.

F4 Art. 2(2): definition of "sewage effluent" substituted (1.4.2007 for certain purposes, otherwise 25.5.2007) for definitions of "sewage", "sewage treatment works", "sewage effluent" and "sewerage undertaker" by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 291(3) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with art. 3, Sch. 2); S.R. 2007/282, art. 2(2), Sch.

F5 Art. 2(2): definition of "waste water treatment works" inserted (1.4.2007 for certain purposes, otherwise 25.5.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 291(4) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with art. 3, Sch. 2); S.R. 2007/282, art. 2(2), Sch.

F6 Art. 2(2): definition of "the Water Council" repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(2), Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with art. 3, Sch. 2)

F7 Art. 2(2): words in definition of "waterway" substituted (1.4.2007 for certain purposes, otherwise 25.5.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 291(5) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with art. 3, Sch. 2); S.R. 2007/282, art. 2(2), Sch.