The Water (Northern Ireland) Order 1999

Article 45(1) and (1A)

[F1SCHEDULE 5N.I.Provisions of the Drainage Order applied for the purposes of environmental impact assessment of canal schemes

PART 1N.I.Provisions of the Drainage Order applied by Article 45(1)

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

PART 2N.I.Provisions of the Drainage Order applied by Article 45(1A)

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

PART 3N.I.Modifications of the provisions applied by Parts 1 and 2

3.  The provisions of the Drainage Order specified in Parts 1 and 2 of this Schedule shall, in their application for the purposes of Part III of this Order have effect with the following modifications—N.I.

(a)references therein to a watercourse shall be construed as references to a waterway;

(b)references therein to the Drainage Order shall be construed as references to Part III of this Order;

(c)references therein to—

(i)a scheme or drainage scheme carried out under the Drainage Order, or any part thereof;

(ii)drainage works; and

(iii)drainage purposes or purposes connected with drainage,

shall respectively be construed as references to—

(A)a canal scheme;

(B)works under any provision contained in Part III of this Order or any canal scheme; and

(C)the purposes of any such provision or scheme;

(d)references therein to sea defences and sea defence works shall be omitted;

(e)references to the Drainage Council shall be omitted;

(f)in Article 17—

(i)for paragraph (4) substitute—

“(4) Every claim for compensation under this Article—

(a)shall be made in writing to the Department within 3 years from the date of completion of the works from which, or from the operation of which, the claim arises, and such details of the claim as the Department may require shall be furnished in writing to the Department within such a period as the Department may determine, and

(b)shall, in default of agreement, be heard and determined by the Lands Tribunal.”;

(ii)in paragraph (5), the words “and may allow a sum in respect of the cost of the employment of any” shall be omitted; and

(g)in Article 38, after paragraph (2) add—

“(3) Every claim duly made for compensation under this Article shall, in default of agreement, be heard and determined by the Lands Tribunal.”]