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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> Statutory Instruments 1999 No. 662 (N.I. 6) URL: http://www.bailii.org/nie/legis/num_orders/1999/1990662(6).html |
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Statutory Instruments 1999 No. 662 (N.I. 6) The Water (Northern Ireland) Order 1999 - continued |
Collection of data and information by
Department
(b) carry out, or cause to be carried out, such research, as it considers to be necessary for the purpose of performing any of
its functions under this Part. Abandoned mines 35. - (1) If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine to give notice of the proposed abandonment to the Department at least 6 months before the abandonment takes effect. (2) A notice under paragraph (1) shall contain such information (if any) as is prescribed for the purpose, which may include information about the operator's opinion as to any consequences of the abandonment. (3) A person who fails to give the notice required by paragraph (1) shall be guilty of an offence and liable -
(b) on conviction on indictment, to a fine. (4) A person shall not be guilty of an offence
under paragraph (3) if -
(b) notice of the abandonment, containing such information as may be prescribed, is given as soon as reasonably practicable after the abandonment has happened. (5) Where the operator of a mine is the
official receiver acting in a compulsory capacity, he shall not be guilty
of an offence under paragraph (3) by reason of any failure to give the
notice required by paragraph (1) if, as soon as reasonably practicable
(whether before or after the abandonment), he gives to the Department
notice of the abandonment or proposed abandonment, containing such
information as may be prescribed.
(ii) the cessation of working of any relevant seam, vein or vein-system; (iii) the cessation of use of any shaft or outlet of the mine; (iv) in the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine), the discontinuance of some or all of those other activities in the mine and any substantial change in the operations for the removal of water from the mine; but (b) does not include any disclaimer under Article 152 or 288 of the
Insolvency (Northern Ireland) Order 1989 (power of liquidator, or
trustee of a bankrupt's estate, to disclaim onerous property) by the
official receiver acting in a compulsory capacity. (8) In this Article -
(b) receiver or manager of a bankrupt's estate, pursuant to Article 260 of the Insolvency (Northern Ireland) Order 1989; (c) trustee of a bankrupt's estate; (d) liquidator of an insolvent partnership; (e) trustee of an insolvent partnership; (f) trustee, or receiver or manager, of the insolvent estate of a deceased person;
Power to give effect to Community and other international
obligations, etc.
(b) to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party. (2) In this Article -
(b) in relation to any international agreement, means regulations made by the Secretary of State;
(3) Regulations under this Article made by the
Secretary of State shall be subject to annulment in pursuance of a
resolution of either House of Parliament in the like manner as a statutory
instrument and section 5 of the Statutory Instruments Act 1946 shall apply
accordingly.
(b) requires to be amended or adapted, having regard to any of those provisions or to anything done in the performance of any of those functions, it may by order made subject to affirmative resolution repeal, amend or
adapt that Act to such extent, or in such manner, as it considers
appropriate. Application and interpretation of Part III 39. - (1) This Part does not apply to a reservoir or the sea. (2) In this Part -
Matters to be taken into account in exercising certain
functions
(b) the prevention of pollution; (c) the needs of the community with respect to water and the disposal of effluent; (d) the conservation and enhancement of the natural beauty and amenity of waterways and of land associated with waterways; (e) the conservation and enhancement of flora and fauna; (f) the conservation of geological or physiographical features of special interest and any feature of archaeological, historical, architectural or traditional interest. (2) The Department shall, in exercising its
functions under any statutory provision relating to drainage, have regard
to the matters set out in sub-paragraphs (a) to (f) of paragraph
(1). Power of Department to carry out works and provide facilities in relation to waterways 41. - (1) The Department may execute and maintain such works, including the dredging and maintenance of channels and the provision and maintenance of aids to navigation, as it considers appropriate for the purpose of improving or restoring, or promoting the recreational or navigational use of, any waterway. (2) The Department may provide, maintain, operate, improve or restore such facilities as it considers appropriate for the purpose of promoting the recreational or navigational use of any waterway. Canal schemes 42. - (1) Where the Department intends to carry out works under Article 41 in relation to a specified canal, the Department may prepare a scheme (a "canal scheme") for the carrying out of those works. (2) A canal scheme shall contain such particulars and shall be in such form as the Department may consider fit and, in particular, and without prejudice to the generality of the foregoing, shall contain such provisions as the Department may consider necessary for the protection of rights or interests affected by the scheme. (3) Every reference in this Part to a canal scheme shall be construed as including every map, drawing, plan, section and schedule annexed to such scheme. (4) Without prejudice to the generality of any other provision of this Part, the Department may, for the purposes of its functions under this Part -
(b) reconstruct any works interfered with under the powers of a canal scheme, or construct new works in lieu thereof either in the same or a different place or position. (5) In this Part "specified canal" means a
waterway specified in an order subject to negative resolution made by the
Department for the purposes of this Article, being a waterway which, in
the opinion of the Department is, or has been, a canal.
(b) improve any existing works, that is to say, deepen, widen, straighten or otherwise improve any existing waterway or works carried out under this Part or under any canal scheme, or remove or alter dams, weirs or other obstructions to waterways, or raise, widen or otherwise improve any works carried out under this Part or any canal scheme; (c) construct new works which may be required for the purpose of repairing or improving the waterway; (d) repair, strengthen, alter, replace or renew any existing embankment and, for that purpose, use any shingle, sand, clay, gravel, stone, rock or other material removed in the carrying out of any works under this Part or any canal scheme, and deposit any material so removed on any adjacent land. General powers of the Department
(b) abstract water from, or vary the water flow or water level in, a waterway; (c) improve the supply of water in a waterway; (d) discharge water into any waterway or underground strata or on to land; (e) execute such works and do all such other things as the Department may think necessary. (2) The power conferred by paragraph (1)(a) to
survey land includes power -
(b) to survey land for the purpose of determining whether it is appropriate or practicable for the Department to exercise any of its powers under this Part. (3) Subject to paragraph (4), the Department
may temporarily close any waterway.
(b) enter into a contract or arrangement with any person for the carrying out of any such work; (c) make grants by way of contribution towards the cost of any such work undertaken by any person. Provisions of the Drainage Order applied for the purposes of this
Part
(b) provide financial or other assistance to any other body or person entering into the arrangements under this Article or to any company formed or promoted by virtue of sub-paragraph (a); (c) exercise any power exercisable by it under any other provision of this Part or the Drainage Order. Schemes extending outside Northern
Ireland
(ii) by the external authority as agent for and on behalf of the Department; (iii) by the Department as agent for and on behalf of the external authority (b) for making any resources (including plant, machinery, equipment,
accommodation and services of staff) of one party to the arrangement or
agreement available to the other; but nothing in the arrangement or agreement shall diminish in any
respect any responsibility of any party for any act or thing done by it or
on its behalf.
(b) the manner in which, and the persons by whom and in what proportion, the cost of carrying out the scheme and of maintaining or operating anything constructed thereunder are to be borne. (4) For the purposes of carrying into effect in
Northern Ireland any scheme under paragraph (1), the Department or any
agent authorised by it to act on its behalf may carry out any such works
as are referred to in Article 43(3)(a) to (d), and the Department may,
without prejudice to any other provision of this Article, exercise any
power exercisable by it under any other provision of this Part or the
Drainage Order.
(b) prevent the Department from preparing and carrying into effect any canal scheme under this Part, or exercising any other function under this Part or the Drainage Order, in relation to so much of any waterway as is in Northern Ireland; and so much of any scheme under this Article as relates to a part of
any waterway in Northern Ireland may be treated as a separate scheme for
the purposes of any provision of this Part.
(b) dispose of any land for the time being vested in it; (c) acquire either by agreement or compulsorily any fisheries, water rights, navigation or other rights; or (d) restrict, terminate, or otherwise interfere with easements, fisheries, water rights, inland navigation rights or other rights. (2) Where the Department desires to acquire,
otherwise than by agreement, any land for any purpose referred to in
paragraph (1) the Department may make an order (in this Article referred
to as a "vesting order") vesting such land, in the
Department.
(b) which is declared by or under any statutory provision to be inalienable, shall not, where representations objecting to the proposal for making
the order have been duly made by the owner of the land and have not been
withdrawn, be exercised in relation to that land unless the proposal for
making the order has been approved by a resolution of the
Assembly. |
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