WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973

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WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - LONG TITLE



[19th January 1973]4P ART I
[{3}section 22 of the Local Government Act (Northern Ireland) |1934]; <1970 c.7   which is approved by the Ministry under section 1(2) of the Lough Neagh Drainage (Amendment) Act (Northern Ireland) |1970; <1972 c.5   which is approved under regulations made under section 14 of the Water Act (Northern Ireland) 1972|. B >(4) Any person aggrieved by a proposal of the Ministry to impound or abstract water may appeal to the Appeals Commission against the proposal within twenty-eight days from the date on which the Ministry informs him of the proposal under paragraph (2)( a ), ( b ) or ( c ) or public notice of it [{3}is given for the second time]

under paragraph (2)(d), whichever happens first.

(5) Where the impounding or abstraction of water by the Ministry reduces the
flow of water in any waterway or reduces the amount of water in underground
strata the Ministry shall

(a)provide an adequate amount of compensation water; or

(b)pay compensation to any person who suffers loss or damage as a result of
the impounding or abstraction.

(6) In determining the amount of compensation water required under paragraph
(5)(a), regard shall be had

(a)to the character and flow of the waterway;

(b)to the extent to which the waterway or water is, or may be, used for water
supply, the disposal of effluent, fisheries, the generation of power and
navigation;

(c)to the value of the waterway or water for amenity, recreation and nature
conservation;

(d)to the interests of public health;

(e)to the rights of riparian owners and of owners of fishing rights.

(7) Where the Ministry impounds or abstracts water under paragraph (1) and
provides compensation water under paragraph (5)(a), then if there is any
change in circumstances the amount of that compensation water may be varied
accordingly.

(8) Any dispute as to compensation or as to the amount or any variation of the
amount of compensation water required to be paid or provided under this
Article shall be referred to and determined by the Lands Tribunal.

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Northern Irish Legislation

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - LONG TITLE