Article 40 Matters to be taken into account in exercising certain functions
The Department shall, in exercising its functions under this Part and any statutory provision relating to drainage, have regard to—
the conservation of water resources;
the prevention of pollution;
the needs of the community with respect to water and the disposal of effluent;
the conservation and enhancement of the natural beauty and amenity of waterways and of land associated with waterways;
the conservation and enhancement of flora and fauna;
the conservation of any feature of archaeological, historical, architectural or traditional interest.
In Article 11(2)(d) of, and paragraph 5(2) of Schedule 7 to, the Drainage Order for “section 2(2) of the Water Act (Northern Ireland) 1972” there shall be substituted “Article 40(1) of the Water (Northern Ireland) Order 1998”.