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Drainage (Northern Ireland) Order 1973
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- Northern Ireland Orders in Council
- 1973 No. 69 (N.I. 1)
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Changes and effects yet to be applied to :
- Sch. 2A word substituted by S.I. 2023/1424 Sch. para. 8(2)(b)
- Sch. 2B word substituted by S.I. 2023/1424 Sch. para. 8(2)(b)
- art. 12A word substituted by S.I. 2023/1424 Sch. para. 8(2)(a)
- art. 12I word substituted by S.I. 2023/1424 Sch. para. 8(2)(a)
12A.Consultations and determination of whether a drainage scheme has significant effects on the environment
12B.Drainage schemes likely to have significant effects on the environment
12E.Assistance in the preparation of an environmental statement
12G.Drainage schemes likely to have significant effects on the environment in an EEA State
12H.Determination of whether a drainage scheme should be approved
15.Provisions in regard to roads, bridges, culverts and embankments
17.Compensation for certain losses due to construction of drainage works
SCHEDULES
CONSTITUTION AND PROCEEDINGS OF THE DRAINAGE COUNCIL
1.The Drainage Council shall consist of eighteen persons appointed by the Minister of whom— (a)...
2.Where a body which the Minister is satisfied represents the interests of district councils comes...
3.(1) The members of the Council shall be appointed in the year 2011 and in...
4.The chairman of the Drainage Council shall be such one of the members thereof as...
5.A casual vacancy occurring in the membership of the Drainage Council shall be filled by...
6.A member of the Drainage Council may resign his membership by giving notice in writing...
7.The quorum of the Drainage Council shall be five and, subject thereto, the Council may,...
8.The Ministry, after consultation with the Ministry of Finance , shall appoint a fit and...
DESCRIPTION OF DRAINAGE WORKS, ETC.
1.Clearing of watercourses, whether natural or artificial, including— (a) the removal of obstructions, including fallen...
2.Works in connection with watercourses, whether natural or artificial, and their feeders, including— (a) the...
3.Works in connection with agricultural land, that is to say— (a) the draining of farm...
4.New construction, including— (a) the diversion of watercourses, whether natural or artificial, and their feeders;...
5.Removal or alteration of artificial objects such as weirs, sluices, dams, sea defence works, etc.
7.Such other works or classes of works as may be considered by the Ministry to...
INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENT
1.Description of the drainage works or drainage scheme (“the works”), including in particular— (a) a...
2.A description of the reasonable alternatives (for example in terms of design, technology, location, size...
3.A description of the relevant aspects of the current state of the environment and an...
4.A description of the factors specified in paragraph 1 of Schedule 2C likely to be...
5.A description of the likely significant effects of the works on the environment resulting from,...
6.The description of the likely significant effects on the factors set out in paragraph 4...
7.A description of the forecasting methods or evidence used to identify and assess the significant...
8.A description of the measures envisaged to avoid, prevent, reduce and where possible, offset any...
9.A description of the expected significant adverse effects of the works on the environment deriving...
10.A non-technical summary of the information provided under paragraphs 1 to 9.
11.A reference list detailing the sources used for the descriptions and assessments included in the...
2.The environmental sensitivity of geographical areas likely to be affected by the works must be...
3.The likely significant effects on the environment must be considered in relation to the criteria...
1.References to the Ministry or to the Council shall be construed as references to the...
2.References to the said Schedule 6 shall be construed as references to that Schedule as...
4.In paragraph (2)— (a) for the words from the beginning to “directs,” there shall be...
5.In paragraph 3(1)(ii), for the word “refuse” there shall be substituted the words “ decide...
6.In paragraph 4, the words from “and may provide” to the end of the paragraph...
7.In paragraph 5— (a) in sub-paragraph (1)( a ), the words “in the prescribed form...
8.In paragraph 6(2), for the words “fund out of which the expenses of the council...
9.In paragraph 11(3), the words “in the prescribed form” shall be omitted.
10.In paragraph 12— (a) in sub-paragraph (1), the words “such” and “as may be prescribed”...
11.In paragraph 14(1), the words “in the prescribed form” shall be omitted.
12.In paragraph 15(1), for the words “in the prescribed form” there shall be substituted the...
1.Before making any bye-laws under Article 22, the Ministry shall prepare a draft of the...
2.The Ministry shall, at the request of any person, furnish him with a copy of...
3.The Ministry may make the bye-laws in the terms of the draft or in those...
4.If, before the end of the period of twenty-eight days mentioned in paragraph 1 or,...
DUTIES OF OCCUPIERS WITH RESPECT TO UNDESIGNATED WATERCOURSES, ETC.
1.Subject to paragraphs 2 and 3, the occupier of any land on or through which...
2.(1) Where an undesignated watercourse forms a boundary between land in the occupation of different...
3.This Schedule shall not be construed as imposing any obligation on an occupier of land...
4.The Ministry may at any time, by a notice in writing served on the occupier...
5.Any notice under paragraph 4 shall— (a) specify in reasonable detail the works that the...
6.When a notice under paragraph 4 has been served on a person, the following provisions...
7.If, within the specified time, an occupier of land has failed to comply with a...
8.In paragraphs 7 and 9, “specified time” means— (a) in relation to a notice under...
9.If a person on whom a notice has been served under this Schedule fails to...
10.Nothing in this Schedule shall affect the right of every person to recover under the...
11.Where a person has, in order to comply with the requirements of this Schedule, scoured...
12.In this Schedule— “construction” includes any embankment, wall, valve or sluice connected with a watercourse,...
1.A person shall not— (a) place any solid matter in any watercourse or, save as...
2.The construction, reconstruction or alteration of a bridge by an authority, within the meaning of...
3.A consent or approval required under paragraph 1 shall not be unreasonably withheld, and— (a)...
4.If any question arises under this Schedule as to whether the consent of the Ministry...
5.If any person contravenes paragraph 1, then, without prejudice to the following provisions of this...
6.If, in contravention of paragraph 1— (a) any solid matter is placed; or (b) the...
7.A person shall not be liable to both a fine under paragraph 5 and a...
8.(1) Without prejudice to paragraphs 5 to 7, the Ministry may, where it is satisfied...
9.(1) The occupier of any land in the vicinity of any watercourse or sea defences...
10.(1) The Ministry may, if it considers that any tree or structure in the vicinity...
11.The giving of any consent or approval, or the approval of any plan, section or...
12.Nothing in this Schedule shall— (a) operate in derogation of any provision having the force...
13.In this Schedule— “bridge” includes a culvert or other like structure in or over a...
5.(1) The Ministry may prepare a scheme or schemes for the purposes of the carrying...
6.(1) After the preparation of a scheme, the Ministry shall— (a) send a copy of...
7.After the expiration of twenty-eight days from the service of notices in pursuance of paragraph...
8.For the purposes of this Schedule, the provisions of this Order specified in Part II...
9.(1) Where, in carrying out works under this Schedule— (a) any road, bridge, culvert or...
10.(1) Where, in pursuance of the provisions of the principal agreement, such works have been...
14.(1) An Arbitration Tribunal constituted in accordance with the provisions of the principal agreement may...
15.Notwithstanding anything to the contrary in any statutory provision, stamp duty shall not be chargeable...
16.In this Schedule— “the Board” has the meaning assigned to it by paragraph 1; “confirmed...
PART II PROVISIONS OF THE ORDER APPLIED FOR THE PURPOSES OF THIS SCHEDULE
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