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Water (Northern Ireland) Order 1998

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 1998, ISBN 0337377227

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

NORTHERN IRELAND

Made 1998

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. 28Northern 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:—

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: FUNCTIONS OF THE DEPARTMENT OF THE ENVIRONMENT IN RELATION TO MATTERS AFFECTING WATER
  5. Interpretation
  6. 3Interpretation of Part II
  7. General duty of the Department
  8. 4Duty of Department to promote conservation and cleanliness of water resources
  9. Quality objectives
  10. 5Classification of quality of waters
  11. 6Water quality objectives
  12. Prevention of pollution of water
  13. 7Pollution, etc., of water
  14. 8Prevention and making good of defaults under Article 7(1)
  15. 9Discharge of effluent into waterway or underground stratum
  16. 10Relationship with other statutory provisions controlling pollution
  17. 11Power to make scheme of charges
  18. 12Enforcement notices
  19. 13Appeals in respect of consents
  20. 14Regulations as to prevention of pollution
  21. 15Pollution emergencies
  22. Anti-pollution works
  23. 16Anti-pollution works and operations
  24. 17Notices requiring persons to carry out anti-pollution works and operations
  25. 18Grant of, and compensation for, rights of entry, etc.
  26. 19Consequences of not complying with a works notice
  27. Abstraction and impounding
  28. 20Abstraction and impounding of water
  29. 21Power to make scheme of charges in connection with water resources
  30. 22Orders as to charges for abstractions of water or discharges
  31. Works, etc.
  32. 23Power of Department to carry out engineering or building operations
  33. 24Acquisition of land by Department
  34. Enforcement
  35. 25Powers of entry and inspection
  36. 26Supplementary provisions as to powers of entry and inspection
  37. 27Evidence in connection with certain pollution offences
  38. 28Power to obtain information
  39. 29Penalties for false information
  40. Registers and other information
  41. 30Pollution control register
  42. 31Exclusion from registers of information affecting national security
  43. 32Exclusion from registers of certain confidential information
  44. 33Maps of fresh-water limits of waterways
  45. 34Collection of data and information by Department
  46. Miscellaneous
  47. 35Abandoned mines
  48. 36Power to give effect to Community and other international obligations, etc.
  49. 37Prosecutions
  50. 38Repeal, amendment and adaptation of local enactments
  51. Part III: POWERS OF DEPARTMENT OF AGRICULTURE IN RELATION TO WATERWAYS
  52. Introductory
  53. 39Application and interpretation of Part III
  54. 40Matters to be taken into account in exercising certain functions
  55. Principal powers of Department in relation to waterways
  56. 41Power of Department to carry out works and provide facilities in relation to waterways
  57. 42Canal schemes
  58. 43Powers of maintenance
  59. 44General powers of the Department
  60. 45Provisions of the Drainage Order applied for the purposes of this Part
  61. 46Power of Department to enter into arrangements for improvement or restoration of waterways
  62. 47Schemes extending outside Northern Ireland
  63. 48Acquisition of land and other rights by the Department
  64. 49Regulation of recreational and navigational use of waterways
  65. 50Charges for recreational and navigational use of waterways
  66. Supplementary provisions
  67. 51Powers of entry and inspection
  68. 52Supplementary provisions as to powers of entry and inspection
  69. 53Prosecutions
  70. 54Power to give effect to Community obligations, etc.
  71. 55Financial provision
  72. 56Repeal, amendment and adaptation of local enactments
  73. Part IV: MISCELLANEOUS AND GENERAL
  74. 57Water management programmes
  75. 58Northern Ireland Water Council
  76. 59Power of Laganside Corporation to make byelaws
  77. 60Protection of watercourses – penalty in relation to nuisance
  78. 61Regulations and orders
  79. 62Savings
  80. 63Amendments and repeals
  81. Signature
  82. Schedule 1: DISCHARGE CONSENTS
  83. Application for consent
  84. 1Paragraph 1
  85. Consideration and determination of applications
  86. 2Paragraph 2
  87. Public inquiries
  88. 3Paragraph 3
  89. Consents without applications
  90. 4Paragraph 4
  91. Revocation of consents and alteration and imposition of conditions
  92. 5Paragraph 5
  93. Restriction on variation and revocation of consent and previous variation
  94. 6Paragraph 6
  95. Applications for variation
  96. 7Paragraph 7
  97. Transfer of consents
  98. 8Paragraph 8
  99. Schedule 2: ORDERS CONFERRING COMPULSORY POWERS FOR EXECUTING WORKS
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. 6Paragraph 6
  106. 7Paragraph 7
  107. Schedule 3: MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR PURPOSES OF ARTICLE 24(3) AND 48(3)
  108. 1Paragraph 1
  109. 2Paragraph 2
  110. 3Paragraph 3
  111. 4Paragraph 4
  112. 5Paragraph 5
  113. 6Paragraph 6
  114. 7Paragraph 7
  115. 8Paragraph 8
  116. 9Paragraph 9
  117. 10Paragraph 10
  118. 11Paragraph 11
  119. 12Paragraph 12
  120. 13Paragraph 13
  121. 14Paragraph 14
  122. Schedule 4: DESCRIPTION OF CANAL WORKS, ETC.
  123. 1Paragraph 1
  124. 2Paragraph 2
  125. 3Paragraph 3
  126. 4Paragraph 4
  127. 5Paragraph 5
  128. 6Paragraph 6
  129. 7Paragraph 7
  130. Schedule 5: PROVISIONS OF THE DRAINAGE ORDER APPLIED FOR THE PURPOSES OF PART III OF THIS ORDER
  131. Part I: PROVISIONS OF THE DRAINAGE ORDER APPLIED BY ARTICLE 45(1)
  132. 1Paragraph 1
  133. Part II: MODIFICATIONS OF THE PROVISIONS APPLIED BY PART I
  134. 2Paragraph 2
  135. Schedule 6: PROCEDURE FOR MAKING ORDERS UNDER ARTICLE 57(1)
  136. 1Paragraph 1
  137. 2Paragraph 2
  138. 3Paragraph 3
  139. 4Paragraph 4
  140. 5Paragraph 5
  141. 6Paragraph 6
  142. 7Paragraph 7
  143. 8Paragraph 8
  144. 9Paragraph 9
  145. Schedule 7: AMENDMENTS
  146. The Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)
  147. The Drainage (Northern Ireland) Order 1973 (NI 1)
  148. The Water and Sewerage Services (Northern Ireland) Order 1973 (NI 2)
  149. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)
  150. The Electricity (Northern Ireland) Order 1992 (NI 1)
  151. The Radioactive Substances Act 1993 (c. 12)
  152. The Gas (Northern Ireland) Order 1996 (NI 2)
  153. The Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18)
  154. The Waste and Contaminated Land (Northern Ireland) Order 1997 (NI 19)
  155. Schedule 8: REPEALS
  156. IREPEALS COMING INTO OPERATION 2 MONTHS AFTER MAKING OF THIS ORDER
  157. IIREPEALS COMING INTO OPERATION ON A DAY APPOINTED BY THE DEPARTMENT OF AGRICULTURE
  158. IIIREPEALS COMING INTO OPERATION ON A DAY APPOINTED BY THE DEPARTMENT OF THE ENVIRONMENT
  159. Explanatory note