Title and commencement1

Interpretation2

• “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—

  1. 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

  2. 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—

  1. 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;

  2. b

     any public sewer or public sewage treatment works;

  3. c

     F7any 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;

  4. d

     any drain or road drain—

     1. 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

     2. ii

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