The Groundwater Regulations (Northern Ireland) 1998

Interpretation

2.—(1) In these Regulations–

“the Act” means the Water Act (Northern Ireland) 1972(1);

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

“authorisation” means–

(a)

an authorisation under regulation 17 or 18;

(b)

a consent under section 8 of the Act; and

(c)

an authorisation under Article 6 of the Industrial Pollution Control (Northern Ireland) Order 1997(2) in relation to a process designated for integrated central control under Article 3 of that Order;

“the Department” means the Department of the Environment;

“direct discharge” means the introduction into groundwater of any substance in list I or II without percolation through the ground or subsoil;

“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

“the Groundwater Directive” means Council Directive 80/68/EEC(3);

“indirect discharge” means the introduction into groundwater of any substance in list I or II after percolation through the ground or subsoil;

“pollution” means the discharge by man, directly or indirectly, of substances or energy into groundwater, the results of which are such to endanger human health or water supplies, harm living resources and the aquatic ecosystem or interfere with other legitimate uses of water;

“road drain” means a drain which the Department is entitled to keep open by virtue of Article 45 of the Roads (Northern Ireland) Order 1993(4);

“substance in list I” and “substance in list II” shall have the meanings given by paragraphs 1 and 2 of the Schedule and paragraph 3 of the Schedule shall have effect.

(2) For the purposes of these Regulations any reference to water contained in underground strata in the Act includes groundwater.

(3) Expressions used in these Regulations which are also used in the Groundwater Directive have the same meaning as in the Directive.

(4) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

(1)

1972 c. 5 (N.I.)

(2)

S.I. 1997/2777 (N.I. 18)

(3)

O.J. No. L20, 26.1.80, p. 43

(4)

S.I. 1993/3160 (N.I. 15)

(5)

1954 c. 33 (N.I.)