Article 57(3).
Modifications etc. (not altering text)
C1Sch. 6: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 2 (with art. 9(2))
1. Where the [F1Department] [F2proposes] to adopt a water management programme by order under Article 57(1), [F3the Department] shall publish, in the Belfast Gazette and, at least once in each of two successive weeks, in one or more newspapers circulating in the area to which the programme relates, a notice—N.I.
(a)stating that a water management programme has been prepared in draft;
(b)indicating the area to which the draft programme applies;
(c)specifying a place where a copy of the draft programme may be inspected free of charge at all reasonable times during the period of 28 days beginning with the date of the first publication in a newspaper; and
(d)stating that any person may, within that period, by notice in writing to [F4the] Department object to the making of an order adopting the draft programme.
F1Word in Sch. 6 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(2) (with art. 9(2))
F2Word in Sch. 6 para. 1 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(3)(a) (with art. 9(2))
F3Words in Sch. 6 para. 1 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(3)(b) (with art. 9(2))
F4Word in Sch. 6 para. 1(d) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(3)(c) (with art. 9(2))
2. [F5The] Department shall, if so requested by any person, furnish him with a copy of the draft programme on payment of such reasonable charge as it may determine.
F5Word in Sch. 6 para. 2 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(4) (with art. 9(2))
3. The [F1Department] may alter the terms of the draft programme in such manner as [F6the Department thinks] fit, but where the [F1Department] [F7proposes] to alter significantly any such draft programme [F8the Department shall] cause to be published such additional notices as appear to [F9the Department] to be necessary.N.I.
F1Word in Sch. 6 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(2) (with art. 9(2))
F6Words in Sch. 6 para. 3 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(5)(a) (with art. 9(2))
F7Word in Sch. 6 para. 3 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(5)(b) (with art. 9(2))
F8Words in Sch. 6 para. 3 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(5)(c) (with art. 9(2))
F9Words in Sch. 6 para. 3 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(5)(d) (with art. 9(2))
4. If, before the end of the period of 28 days referred to in paragraph 1, notice in writing of an objection is received by [F10the] Department from any person appearing to it to be a person who may be affected by the draft programme or the draft programme as proposed to be altered under paragraph 3, the [F1Department] , before making an order under Article 57(1) adopting the programme shall, unless the objections are met or withdrawn or the [F1Department] [F11is satisfied] that they are solely of a frivolous or vexatious nature, cause an inquiry to be held by the Appeals Commission.N.I.
F1Word in Sch. 6 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(2) (with art. 9(2))
F10Word in Sch. 6 para. 4 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(6)(a) (with art. 9(2))
F11Words in Sch. 6 para. 4 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(6)(b) (with art. 9(2))
5. Sub-paragraphs (2) and (3) of paragraph 3 of Schedule 1 apply in relation to an inquiry under paragraph 4 as they apply in relation to an inquiry under sub-paragraph (1) of that paragraph.N.I.
6. An objection shall not be made to the Appeals Commission in respect of any watercourse in relation to which the Lands Tribunal has, on a review of a determination by the Drainage Council for Northern Ireland, or of a refusal by that Council to make a determination, decided that the watercourse should or should not be a designated watercourse.N.I.
7. After the expiry of the period of 28 days referred to in paragraph 1 and, where an inquiry is held by the Appeals Commission, after considering the report of the Commission, the [F1Department] may make the order under Article 57(1) adopting the programme in the terms of the draft or in those terms altered in such manner as [F12the Department thinks] fit.N.I.
F1Word in Sch. 6 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(2) (with art. 9(2))
F12Words in Sch. 6 para. 7 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(7) (with art. 9(2))
8. If the [F1Department] adopt a water management programme under Article 57(1), [F13the Department] shall make such arrangements as appear to [F13the Department] to be appropriate for the publication of the programme and of notices stating that it has been made.N.I.
F1Word in Sch. 6 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(2) (with art. 9(2))
F13Words in Sch. 6 para. 8 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 70(8) (with art. 9(2))
9. In this Schedule “designated watercourse” and “watercourse” have the meanings assigned by Article 2(2) of the Drainage Order.N.I.