Article 45(1) and (1A)
F1Sch. 5 substituted (1.12.2019) by The Waterways (Environmental Impact Assessment) Regulations (Northern Ireland) 2019 (S.R. 2019/209), regs. 1(1), 18(3), Sch. 4 (with reg. 3(2))
Modifications etc. (not altering text)
C1Schs. 3-5: transfer of functions (8.5.2016 for specified purposes) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 3 Pt. 2 (with art. 9(2))
1. The provisions of the Drainage Order applied by Article 45(1) of this Order are as follows—N.I.
| Provision | Subject matter |
|---|---|
| Part 1 | Introductory |
| Article 12 | Restrictions on drainage schemes |
| Article 12ZA | Direction that Articles do not apply |
| Article 12A | Consultations and determination of whether a drainage scheme has significant effects on the environment |
| Article 12B | Drainage schemes likely to have significant effects on the environment |
| Article 12C | Preparation of an environmental statement |
| Article12D | Publicity for an environmental statement |
| Article 12E | Assistance in the preparation of an environmental statement |
| Article 12F | Charges |
| Article 12G | Drainage schemes likely to have significant effects on the environment in another EEA State |
| Article 12H | Determination of whether a drainage scheme should be approved |
| Article 12I | Monitoring |
| Article 13 | Confirmation of drainage schemes |
| Article 13A | Public participation |
| Article 14 | The carrying out of drainage schemes |
| Article 15 | Provisions in regard to roads, bridges, culverts and embankments |
| Article 16 | Amendment of drainage schemes |
| Schedule 2A | Information for inclusion in environmental statement |
| Schedule 2B | Selection criteria referred to in Article 4.3 of the Directive |
| Schedule 2C | Environmental factors to be taken into account |
2. The provisions of the Drainage Order applied by Article 45(1A) of this Order are as follows—N.I.
| Provision | Subject matter |
|---|---|
| Part 1 | Introductory |
| Article 17 | Compensation for certain losses due to construction of drainage works |
| Article 18 | Compensation for injury to canals, fisheries, etc. |
| Article 19 | Matters to be regarded in assessing compensation |
| Article 20 | Disposal of surplus lands, etc |
| Article 31 | Noxious weeds |
| Article 35 | Provisions as to recovery of expenses |
| Article 36 | Miscellaneous offences |
| Article 38 | Limitation of liability for flooding, etc. |
| Article 39 | Protection for officers of the Department |
| Article 40 | Protection of fisheries |
| Article 40A | Protection of water and sewage undertakers |
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.”]