Water (Northern Ireland) Order 1998

PART IINTRODUCTORY

1Title and commencement

2Interpretation

PART IIFUNCTIONS OF THE DEPARTMENT OF THE ENVIRONMENT IN RELATION TO MATTERS AFFECTING WATER

3Interpretation of Part II

General duty of the Department

4Duty of Department to promote conservation and cleanliness of water resources

Quality objectives

5Classification of quality of waters

6Water quality objectives

Prevention of pollution of water

7Pollution, etc., of water

8Prevention and making good of defaults under Article 7(1)

9Discharge of effluent into waterway or underground stratum

10Relationship with other statutory provisions controlling pollution

11Power to make scheme of charges

12Enforcement notices

13Appeals in respect of consents

14Regulations as to prevention of pollution

15Pollution emergencies

Anti-pollution works

16Anti-pollution works and operations

17Notices requiring persons to carry out anti-pollution works and operations

18Grant of, and compensation for, rights of entry, etc.

19Consequences of not complying with a works notice

Abstraction and impounding

20Abstraction and impounding of water

21Power to make scheme of charges in connection with water resources

22Orders as to charges for abstractions of water or discharges

23Power of Department to carry out engineering or building operations

24Acquisition of land by Department

25Powers of entry and inspection

26Supplementary provisions as to powers of entry and inspection

27Evidence in connection with certain pollution offences

28Power to obtain information

29Penalties for false information

Registers and other information

30Pollution control register

31Exclusion from registers of information affecting national security

32Exclusion from registers of certain confidential information

33Maps of fresh-water limits of waterways

34Collection of data and information by Department

35Abandoned mines

36Power to give effect to Community and other international obligations, etc.

38Repeal, amendment and adaptation of local enactments

PART IIIPOWERS OF DEPARTMENT OF AGRICULTURE IN RELATION TO WATERWAYS

39Application and interpretation of Part III

40Matters to be taken into account in exercising certain functions

Principal powers of Department in relation to waterways

41Power of Department to carry out works and provide facilities in relation to waterways

42Canal schemes

43Powers of maintenance

44General powers of the Department

45Provisions of the Drainage Order applied for the purposes of this Part

46Power of Department to enter into arrangements for improvement or restoration of waterways

47Schemes extending outside Northern Ireland

48Acquisition of land and other rights by the Department

49Regulation of recreational and navigational use of waterways

50Charges for recreational and navigational use of waterways

Supplementary provisions

51Powers of entry and inspection

52Supplementary provisions as to powers of entry and inspection

54Power to give effect to Community obligations, etc.

55Financial provision

56Repeal, amendment and adaptation of local enactments

PART IVMISCELLANEOUS AND GENERAL

57Water management programmes

58Northern Ireland Water Council

59Power of Laganside Corporation to make byelaws

60Protection of watercourses – penalty in relation to nuisance

61Regulations and orders

63Amendments and repeals

SCHEDULE 1DISCHARGE CONSENTS

Application for consent

1(1) An application for a discharge consent—

Consideration and determination of applications

2(1) On an application under paragraph 1 the Department shall...

Public inquiries

3(1) For the purpose of considering representations made in respect...

Consents without applications

4(1) If it appears to the Department—

Revocation of consents and alteration and imposition of conditions

5(1) The Department may from time to time review any...

Restriction on variation and revocation of consent and previous variation

6(1) Each instrument signifying the consent of the Department under...

Applications for variation

7(1) The holder of a discharge consent given under paragraph...

Transfer of consents

8(1) A discharge consent given under paragraph 2 or 4...

SCHEDULE 2ORDERS CONFERRING COMPULSORY POWERS FOR EXECUTING WORKS

1Before making an order under Article 23(2) the Department shall...

2Not later than the date on which the notice is...

3The Department shall also publish in the Belfast Gazette a...

4The Department shall, at the request of any person, furnish...

5The Department may make the order in the terms of...

6(1) If before the end of the period of 28...

7(1) If the value of any estate in land to...

SCHEDULE 3MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR PURPOSES OF ARTICLE 24(3) AND 48(3)

1References to the Ministry or to the council shall be...

2References to Schedule 6 to the Local Government Act (Northern...

3Omit paragraph 1.

4In paragraph 2— (a) for the words from the beginning...

5In paragraph 3(1)(ii) for the word “refuse” substitute the words...

6In paragraph 4 omit the words from “and may provide”...

7In paragraph 5— (a) in sub-paragraph (1)(a) omit the words...

8In paragraph 6(2) for the words “fund out of which...

9In paragraph 11(3) omit the words “in the prescribed form”....

10In paragraph 12— (a) in sub-paragraph (1) omit the words...

11In paragraph 14(1) omit the words “in the prescribed form”....

12In paragraph 15(1) for the words “in the prescribed form”...

13Omit paragraph 19.

14Omit paragraph 20(2).

SCHEDULE 4DESCRIPTION OF CANAL WORKS, ETC.

1Clearing of waterways, including— (a) the removal of obstructions, including...

2Works in connection with waterways, including— (a) the cleansing, widening,...

3New construction, including— (a) the diversion of waterways;

4Removal, alteration or improvement of artificial objects such as sluices,...

5Sea defence works.

6The operation of any works described in this Schedule.

7Such other works or classes of works as may be...

SCHEDULE 5PROVISIONS OF THE DRAINAGE ORDER APPLIED FOR THE PURPOSES OF PART III OF THIS ORDER

PART IPROVISIONS OF THE DRAINAGE ORDER APPLIED BY ARTICLE 45(1)

1The provisions of the Drainage Order applied by Article 45(1)...

PART IIMODIFICATIONS OF THE PROVISIONS APPLIED BY PART I

2The provisions of the Drainage Order specified in Part I...

SCHEDULE 6PROCEDURE FOR MAKING ORDERS UNDER ARTICLE 57(1)

1Where the Departments propose to adopt a water management programme...

2Either Department shall, if so requested by any person, furnish...

3The Departments may alter the terms of the draft programme...

4If, before the end of the period of 28 days...

5Sub-paragraphs (2) and (3) of paragraph 3 of Schedule 1...

6An objection shall not be made to the Appeals Commission...

7After the expiry of the period of 28 daysreferred to...

8If the Departments adopt a water management programme under Article...

9In this Schedule “designated watercourse” and “watercourse” have the meanings...

SCHEDULE 7AMENDMENTS

The Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)

The Drainage (Northern Ireland) Order 1973 (NI 1)

The Water and Sewerage Services (Northern Ireland) Order 1973 (NI 2)

The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

The Electricity (Northern Ireland) Order 1992 (NI 1)

The Radioactive Substances Act 1993 (c. 12)

The Gas (Northern Ireland) Order 1996 (NI 2)

The Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18)

The Waste and Contaminated Land (Northern Ireland) Order 1997 (NI 19)

SCHEDULE 8REPEALS

PART IREPEALS COMING INTO OPERATION 2 MONTHS AFTER MAKING OF THIS ORDER

PART IIREPEALS COMING INTO OPERATION ON A DAY APPOINTED BY THE DEPARTMENT OF AGRICULTURE

PART IIIREPEALS COMING INTO OPERATION ON A DAY APPOINTED BY THE DEPARTMENT OF THE ENVIRONMENT

PROPOSAL FOR A DRAFT ORDER IN COUNCIL UNDER PARAGRAPH 1 OF SCHEDULE 1 TO THE NORTHERN IRELAND ACT 1974

1998 No. (N.I. )

NORTHERN IRELAND

Water (Northern Ireland) Order 1998

Made1998

Coming into operation in accordance with Article 1(2) to (4)

At the Court at , the day of 1998

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the [1974 c. 28] Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—