{
  "url": "https://openlegislation.uk/drainage-environmental-impact-assessment-regulations-northern-ireland-2001/schedule-2",
  "json_url": "https://openlegislation.uk/drainage-environmental-impact-assessment-regulations-northern-ireland-2001/schedule-2.json",
  "legislation": "nisr/2001/394",
  "legislation_title": "Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001",
  "legislation_url": "https://openlegislation.uk/drainage-environmental-impact-assessment-regulations-northern-ireland-2001",
  "path": "schedule/2",
  "kind": "schedule",
  "number": "2",
  "heading": null,
  "text": "“SCHEDULE 5\nPROVISIONS OF THE DRAINAGE ORDER APPLIED FOR THE PURPOSES OF ENVIRONMENTAL IMPACT ASSESSMENT OF CANAL SCHEMES\nArticle 45(1), (1A)\nPart I\nProvisions of the drainage order applied by Article 45(1)\n1 The provisions of the Drainage Order applied by Article 45(1) of this Order are as follows—\nProvision\nSubject Matter\nPart I\nIntroductory\nArticle\n12\nRestrictions on drainage schemes.\n12A\nConsultations and determination of whether a drainage scheme has significant effects on the environment.\n12B\nDrainage schemes likely to have significant effects on the environment.\n12C\nPreparation of an environmental statement and consultations thereon.\n12D\nDrainage schemes likely to have significant effects on the environment in another EEA State.\n12E\nDetermination of whether a drainage scheme should proceed.\n13\nConfirmation of drainage schemes.\n14\nThe carrying out of drainage schemes.\n15\nProvisions in regard to roads, bridges, culverts and embankments.\n16\nAmendment of drainage schemes.\nSchedule 2A\nInformation for inclusion in environmental statement.\nSchedule 2B\nSelection criteria referred to in Article 4.3 of Directive 85/337/EEC as amended by Directive 97/11/EC.\nSchedule 2C\nEnvironmental factors to be taken into account.\nPart II\nProvisions of the Drainage Order applied by Article 45(1A)\n2 The provisions of the Drainage Order applied by Article 45(1A) of this Order are as follows—\nProvision\nSubject Matter\nPart I\nIntroductory\nArticle\n17\nCompensation for certain losses due to construction of drainage works.\n18\nCompensation for injury to canals, fisheries, etc.\n19\nMatters to be regarded in assessing compensation.\n20\nDisposal of surplus lands, etc.\n31\nNoxious weeds.\n35\nProvision as to recovery of expenses.\n36\nMiscellaneous offences.\n38\nLimitation of liability for flooding, etc.\n39\nProtection for officers of the Department.\n40\nProtection of fisheries.\nPart III\nModification of the provisions applied by Parts I and II\n3 The provisions of the Drainage Order specified in Part I and Part II of this Schedule shall, in their application for the purposes of Part III of this Order have effect with the following modifications—\n(a) references therein to the Department of Agriculture and Rural Development shall be construed as references to the Department of Culture, Arts and Leisure;\n(b) references therein to a watercourse shall be construed as references to a waterway;\n(c) references therein to the Drainage Order shall be construed as references to Part III of this Order;\n(d) references therein to—\n(i) a scheme or drainage scheme carried out under the Drainage Order, or any part thereof,\n(ii) drainage works;\n(iii) drainage purposes or purposes connected with drainage;\n(iv) the Drainage Council;\nshall respectively be construed as references to—\n(A) a canal scheme;\n(B) works under any provision contained in Part III of this Order or any canal scheme;\n(C) the purposes of any such provision or scheme; and\n(D) the Water Council;\n(e) references therein to sea defences and sea defence works shall be omitted;\n(f) in Article 17—\n(i) for paragraph (4) substitute—\n“(4) Every claim for compensation under this Article—\n(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 period as the Department may determine, and\n(b) shall, in default of agreement, be heard and determined by the Lands Tribunal.”.\n(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\n(g) in Article 38, after paragraph (2) add—\n“(3) Every claim duly made for compensation under this Article shall, in default of agreement, be heard and determined by the Lands Tribunal.”.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2001/394/schedule/2",
    "retrieved_at": "2026-10-29T02:09:54.441397+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}