Drainage (Northern Ireland) Order 1973
1973/69 · Made 19 January 1973 · Extends to Northern Ireland
[19th January 1973]
Annotations to the whole text
Modifications
- C1
Order: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 2 (with art. 9(2))
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- Part II: FUNCTIONS OF DRAINAGE COUNCIL AND MINISTRY
- 3Functions of Drainage Council
- 4Submission of particulars with respect to designated watercourses
- 5Right to apply for review of determination of Drainage Council
- 6Ministry to be drainage authority
- 7General powers of the Ministry
- 8Emergency works: watercourses
- 9Emergency works: sea defences
- 10Powers of Ministry in relation to land
- Part III: DRAINAGE SCHEMES
- 11Preparation of drainage schemes
- 12Restrictions on drainage schemes
- 12ZADirection that Articles do not apply
- 12AConsultations and determination of whether a drainage scheme has significant effects on the environment
- 12BDrainage schemes likely to have significant effects on the environment
- 12CPreparation of an environmental statement
- 12DPublicity for an environmental statement
- 12EAssistance in the preparation of an environmental statement
- 12FCharges
- 12GDrainage schemes likely to have significant effects on the environment in an EEA State
- 12HDetermination of whether a drainage scheme should be approved
- 12IMonitoring
- 13Confirmation of drainage schemes
- 13APublic Participation
- 14The carrying out of drainage schemes
- 15Provisions in regard to roads, bridges, culverts and embankments
- 16Amendment of drainage schemes
- 17Compensation for certain losses due to construction of drainage works
- 18Compensation for injury to canals, fisheries, etc.
- 19Matters to be regarded in assessing compensation
- 20Disposal of surplus lands, etc.
- Part IV: MAINTENANCE OF WATERCOURSES AND SEA DEFENCES
- 21Powers of maintenance in relation to designated watercourses and sea defences
- 22Bye-laws
- 23Liability of occupiers of land protected by sea defences
- 24Duty of occupiers with respect to undesignated watercourses
- Part V: EXECUTION AND FINANCING OF CERTAIN WORKS
- 25Power of Ministry to carry out works on behalf of other persons
- 26Power of Ministry to contribute to cost of works
- 27Agreements with occupiers of land for contributions towards cost of certain works
- 28Agreements for contributions towards cost of sea defence works
- VIMISCELLANEOUS AND GENERAL
- 29Transfer, etc., of drainage trusts and funds to the Ministry
- 29ADissolution of drainage trusts
- 30Drainage schemes extending outside Northern Ireland
- 31Noxious weeds
- 32Protection of watercourses
- 33Control of dams and sluices
- 34Power of Ministry to execute experimental, etc., work
- 34APower of Department to charge for exercise of functions
- 35Provisions as to recovery of expenses
- 36Miscellaneous offences
- 37Entry on and inspection of land, etc.
- 38Limitation of liability for flooding, etc.
- 39Protection for officers of Ministry
- 40Protection of fisheries
- 40AProtection for water and sewerage undertakers
- 41Special provisions relating to Erne drainage and navigation
- 42Financial provisions
- 44Transitional and saving provisions
- Schedule 1: CONSTITUTION AND PROCEEDINGS OF THE DRAINAGE COUNCIL
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 2: DESCRIPTION OF DRAINAGE WORKS, ETC.
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 2A: INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 2B: SELECTION CRITERIA ...
- 1Characteristics of drainage works or drainage schemes “the works”
- 2Location of drainage works or drainage schemes
- 3Type and characteristics of the potential impact
- Schedule 2C: ENVIRONMENTAL FACTORS TO BE TAKEN INTO ACCOUNT
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3: MODIFICATION OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 10
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 4: PROCEDURE FOR MAKING BYE-LAWS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 5: DUTIES OF OCCUPIERS WITH RESPECT TO UNDESIGNATED WATERCOURSES, ETC.
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 6: PROTECTION OF WATERCOURSES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 7: ERNE DRAINAGE AND NAVIGATION
- Part I: GENERAL PROVISIONS
- Chapter: The principal agreement
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Chapter: Drainage of Upper and Lower Lough Erne
- 4Paragraph 4
- Chapter: Works schemes
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Chapter: Finance
- 11Paragraph 11
- Chapter: Miscellaneous and general
- Paragraph
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part II: PROVISIONS OF THE ORDER APPLIED FOR THE PURPOSES OF THIS SCHEDULE
- 17Paragraph 17
- Part III: MODIFICATIONS OF THE PROVISIONS APPLIED BY PART II
- 18Paragraph 18
- Schedule Schedule Not yet in force
- Schedule 9: TRANSITIONAL AND SAVING PROVISIONS
- Part
- Chapter: Savings for Secretary of State
- 1Transitional provisions relating to interest payable on certain compensation
- Chapter: Savings for Secretary of State
- 2Paragraph 2
- 3Paragraph 3
- Chapter: Saving for powers under other statutory provisions and powers of certain trustees, etc.
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule Schedule