The Water (Northern Ireland) Order 1999

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 of water: offences

7BDischarges into and from public sewers, etc.

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

9Discharge of effluent into waterway or underground stratum

10Relationship of this Part 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

28AProvision of information

29Penalties for false information

29ARestriction on disclosure of 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.

36ACivil Liability

38Repeal, amendment and adaptation of local enactments

38AApplication of this Part to the Crown

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

62Transitional and saving provisions

Article 63—Amendments and repeals

SCHEDULE 1DISCHARGE CONSENTS

Application for consent (1) (1) An application for a discharge consent— (a) shall be made...

Application for consent

1(1) An application for a discharge consent— (a) shall be made to the Department on...

Consultation in connection with applications

1A(1) Subject to sub-paragraph (2), the Department shall give notice of any application under paragraph...

Consideration and determination of applications

This div-1 has a number but no title; creating a P1group with an empty Title

2(1) On an application under paragraph 1 the Department shall be under a duty, if...

Public inquiries

This div-1 has a number but no title; creating a P1group with an empty Title

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

Consents without applications

4(1) If it appears to the Department— (a) that a person has discharged effluent or...

Revocation of consents and alteration and imposition of conditions

This div-1 has a number but no title; creating a P1group with an empty Title

5(1) The Department may from time to time review any discharge consent given under paragraph...

Restriction on variation and revocation of consent and previous variation

6(1) Each instrument signifying the consent of the Department under paragraph 2 or 4 shall...

Applications for variation

7(1) The holder of a discharge consent given under paragraph 2 or 4 may apply...

Transfer of consents

8(1) A discharge consent given under paragraph 2 or 4 may be transferred by the...

SCHEDULE 2ORDERS CONFERRING COMPULSORY POWERS FOR EXECUTING WORKS

1Before making an order under Article 23(2) the Department shall prepare a draft of the...

2Not later than the date on which the notice is first published in pursuance of...

3The Department shall also publish in the Belfast Gazette a notice stating that the draft...

4The Department shall, at the request of any person, furnish him with a copy of...

5The Department may make the order in the terms of the draft or in those...

6(1) If before the end of the period of 28 days referred to in paragraph...

7(1) If the value of any estate in land to which this sub-paragraph applies is...

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 construed as references to the...

2References to Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall be construed...

3Omit paragraph 1.

4In paragraph 2— (a) for the words from the beginning to “directs” substitute the words...

5In paragraph 3(1)(ii) for the word “refuse” substitute the words “decide not” .

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

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

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

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

10In paragraph 12— (a) in sub-paragraph (1) omit the words “such” and “as may be...

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

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

13Omit paragraph 19.

14Omit paragraph 20(2).

SCHEDULE 4DESCRIPTION OF CANAL WORKS, ETC.

1Clearing of waterways, including— (a) the removal of obstructions, including fallen or ingrowing trees, refuse...

2Works in connection with waterways, including— (a) the cleansing, widening, deepening, covering or otherwise improving...

3New construction, including— (a) the diversion of waterways; (b) the cutting through of “U” or...

4Removal, alteration or improvement of artificial objects such as sluices, dams, sea defence works, pumping...

5Sea defence works.

6The operation of any works described in this Schedule.

7Such other works or classes of works as may be considered by the Department to...

SCHEDULE 5PROVISIONS OF THE DRAINAGE ORDER APPLIED FOR THE PURPOSES OF ENVIRONMENTAL IMPACT ASSESSMENT OF CANAL SCHEMES

PART Iprovisions of the drainage order applied by article 45(1)

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

PART IIprovisions of the drainage order applied by article 45(1A)

2The provisions of the Drainage Order applied by Article 45(1A) of this Order are as...

PART IIImodification of the provisions applied by parts i and ii

3The provisions of the Drainage Order specified in Part I and Part II of this...

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

1Where the Departments propose to adopt a water management programme by order under Article 57(1),...

2Either Department shall, if so requested by any person, furnish him with a copy of...

3The Departments may alter the terms of the draft programme in such manner as they...

4If, before the end of the period of 28 days referred to in paragraph 1,...

5Sub-paragraphs (2) and (3) of paragraph 3 of Schedule 1 apply in relation to an...

6An objection shall not be made to the Appeals Commission in respect of any watercourse...

7After the expiry of the period of 28 days referred to in paragraph 1 and,...

8If the Departments adopt a water management programme under Article 57(1), they shall make such...

9In this Schedule “designated watercourse” and “watercourse” have the meanings assigned by Article 2(2) of...

Schedule 7—Amendments Schedule 8—Repeals

Schedule 7—Amendments

Schedule 8—Repeals

1999 No. 662 (N.I. 6)

The Water (Northern Ireland) Order 1999 F1

10th March 1999 C1

Annotations:

Amendments (Textual)

F1

certain functions transf. by SR 1999/481

Modifications etc. (not altering text)

C1

Order modified by S.R. 2003/493, Sch. 3 Pt. I para. 11 (as substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), reg. 40 (with reg. 9(2)))