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The Water (Northern Ireland) Order 1999

1999/662 · Made 10 March 1999 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2024.

10th March 1999 C1

Annotations to the whole text

Textual amendments

F1

certain functions transf. by SR 1999/481

Modifications

C1

Order modified by S.R. 2003/493, Sch. 3 Pt. I para. 11 (as substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), reg. 40 (with reg. 9(2)))

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 of water: offences
  14. 7AExceptions
  15. 7BDischarges into and from public sewers, etc.
  16. 8Prevention and making good of defaults under Article 7(1)
  17. 9Discharge of effluent into waterway or underground stratum Repealed
  18. 10Relationship of this Part with other statutory provisions controlling pollution
  19. 11Power to make scheme of charges
  20. 12Enforcement notices
  21. 13Appeals in respect of consents
  22. 14Regulations as to prevention of pollution
  23. 15Pollution emergencies
  24. Anti-pollution works
  25. 16Anti-pollution works and operations
  26. 17Notices requiring persons to carry out anti-pollution works and operations
  27. 18Grant of, and compensation for, rights of entry, etc.
  28. 19Consequences of not complying with a works notice
  29. Abstraction and impounding
  30. 20Abstraction and impounding of water
  31. 21Power to make scheme of charges in connection with water resources
  32. 22Orders as to charges for abstractions of water or discharges
  33. Works, etc.
  34. 23Power of Department to carry out engineering or building operations
  35. 24Acquisition of land by Department
  36. Enforcement
  37. 25Powers of entry and inspection
  38. 26Supplementary provisions as to powers of entry and inspection
  39. 27Evidence in connection with certain pollution offences
  40. 28Power to obtain information
  41. 28AProvision of information
  42. 29Penalties for false information
  43. 29ARestriction on disclosure of information
  44. Registers and other information
  45. 30Pollution control register
  46. 31Exclusion from registers of information affecting national security
  47. 32Exclusion from registers of certain confidential information
  48. 33Maps of fresh-water limits of waterways
  49. 34Collection of data and information by Department
  50. Miscellaneous
  51. 35Abandoned mines
  52. 36Power to give effect to assimilated and other international obligations, etc.
  53. 36ACivil Liability
  54. 37Prosecutions
  55. 38Repeal, amendment and adaptation of local enactments
  56. 38AApplication of this Part to the Crown
  57. Part III: POWERS OF DEPARTMENT OF AGRICULTURE IN RELATION TO WATERWAYS
  58. Introductory
  59. 39Application and interpretation of Part III
  60. 40Matters to be taken into account in exercising certain functions
  61. Principal powers of Department in relation to waterways
  62. 41Power of Department to carry out works and provide facilities in relation to waterways
  63. 42Canal schemes
  64. 43Powers of maintenance
  65. 44General powers of the Department
  66. 45Provisions of the Drainage Order applied for the purposes of this Part
  67. 46Power of Department to enter into arrangements for improvement or restoration of waterways
  68. 47Schemes extending outside Northern Ireland
  69. 48Acquisition of land and other rights by the Department
  70. 49Regulation of recreational and navigational use of waterways
  71. 50Charges for recreational and navigational use of waterways
  72. Supplementary provisions
  73. 51Powers of entry and inspection
  74. 52Supplementary provisions as to powers of entry and inspection
  75. 53Prosecutions
  76. 54Power to give effect to assimilated obligations, etc.
  77. 55Financial provision
  78. 56Repeal, amendment and adaptation of local enactments
  79. IVMISCELLANEOUS AND GENERAL
  80. 57Water management programmes
  81. 58Northern Ireland Water Council Repealed
  82. 59Power of Laganside Corporation to make byelaws Repealed
  83. 60Protection of watercourses – penalty in relation to nuisance
  84. 61Regulations and orders
  85. 62Transitional and saving provisions
  86. Schedule 1: DISCHARGE CONSENTS
  87. Part
  88. Application for consent
  89. 1Paragraph 1
  90. Consultation in connection with applications
  91. 1AParagraph 1A
  92. Consideration and determination of applications
  93. 2Paragraph 2
  94. Public inquiries
  95. 3Paragraph 3
  96. Consents without applications
  97. 4Paragraph 4
  98. Revocation of consents and alteration and imposition of conditions
  99. 5Paragraph 5
  100. Restriction on variation and revocation of consent and previous variation
  101. 6Paragraph 6
  102. Applications for variation
  103. 7Paragraph 7
  104. Transfer of consents
  105. 8Paragraph 8
  106. Schedule 2: ORDERS CONFERRING COMPULSORY POWERS FOR EXECUTING WORKS
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. 7Paragraph 7
  114. Schedule 3: MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR PURPOSES OF ARTICLE 24(3) AND 48(3)
  115. 1Paragraph 1
  116. 2Paragraph 2
  117. 3Paragraph 3
  118. 4Paragraph 4
  119. 5Paragraph 5
  120. 6Paragraph 6
  121. 7Paragraph 7
  122. 8Paragraph 8
  123. 9Paragraph 9
  124. 10Paragraph 10
  125. 11Paragraph 11
  126. 12Paragraph 12
  127. 13Paragraph 13
  128. 14Paragraph 14
  129. Schedule 4: DESCRIPTION OF CANAL WORKS, ETC.
  130. 1Paragraph 1
  131. 2Paragraph 2
  132. 3Paragraph 3
  133. 4Paragraph 4
  134. 5Paragraph 5
  135. 6Paragraph 6
  136. 7Paragraph 7
  137. Schedule 5: Provisions of the Drainage Order applied for the purposes of environmental impact assessment of canal schemes
  138. Part 1: Provisions of the Drainage Order applied by Article 45(1)
  139. 1Paragraph 1
  140. Part 2: Provisions of the Drainage Order applied by Article 45(1A)
  141. 2Paragraph 2
  142. Part 3: Modifications of the provisions applied by Parts 1 and 2
  143. 3Paragraph 3
  144. Schedule 6: PROCEDURE FOR MAKING ORDERS UNDER ARTICLE 57(1)
  145. 1Paragraph 1
  146. 2Paragraph 2
  147. 3Paragraph 3
  148. 4Paragraph 4
  149. 5Paragraph 5
  150. 6Paragraph 6
  151. 7Paragraph 7
  152. 8Paragraph 8
  153. 9Paragraph 9
  154. Schedule
  155. Paragraph
  156. Paragraph