Northern Ireland Orders in Council

(a) the removal of obstructions, including fallen or ingrowing trees, refuse or other material;

(b) the removal of shoals and cesses;

(c) the shaping, trimming and revetting of banks.

     2. Works in connection with waterways, including - 

(a) the cleansing, widening, deepening, covering or otherwise improving of existing waters;

(b) the dredging and maintenance of channels;

(c) the cutting of new drains where required;

(d) the abstraction from any source of any water necessary to the purposes of navigation;

(e) the construction of locks, dams, culverts, overflow culverts, pumping stations, aqueducts or viaducts;

(f) the raising and repairing of existing embankments, and the construction of new embankments;

(g) the sinking of pumping sumps;

(h) the construction and repairing of sluices or valves;

(i) the removal and disposal of old spoil banks;

(j) the construction of hydro-electric power stations in connection with any pumping station or pumping sump.

     3. New construction, including - 

(a) the diversion of waterways;

(b) the cutting through of "U" or "S" bends so as to straighten and shorten the channel;

(c) the construction of new waterways, and of new outfall channels to existing main drains and their feeders;

(d) the construction, alteration, restoration or improvement of any quay, harbour, mooring, dry dock, fish pass, slipway, navigation aid, towing path, culvert, overflow culvert, pipe, drain or road (other than a road within the meaning of the Roads (Northern Ireland) Order 1993);

(e) the provision of such buildings as the Department considers appropriate in connection with any works described in this Schedule;

(f) the reconstruction and improvement of bridges, locks, overflows, weirs, hatches and outfalls necessitating structural alterations;

(g) the reconstruction of damaged or inadequate bridges and culverts, and the substitution of new bridges and culverts therefor;

(h) the building of embankments and walls for the prevention of flooding or erosion;

(i) the formation of cattle water-places, sheep-dipping and other conveniences, the provision of which is calculated to minimise the risk of future damage to any specified canal which has been improved.

     4. Removal, alteration or improvement of artificial objects such as sluices, dams, sea defence works, pumping stations and pumping sumps.

     5. Sea defence works.

     6. The operation of any works described in this Schedule.

     7. Such other works or classes of works as may be considered by the Department to be analogous or ancillary to any classes of works described in this Schedule.

(a) references therein to a watercourse shall be construed as references to a waterway;

(b) references therein to the Drainage Order shall be construed as references to Part III of this Order;

(c) references therein to - 


(i) a scheme or a drainage scheme carried out under the Drainage Order, or any part thereof;

(ii) drainage works;

(iii) drainage purposes or purposes connected with drainage;

(iv) the Drainage Council;



shall respectively be construed as references to - 

     A a canal scheme;

     B works under any provision contained in Part III of this Order or any canal scheme;

     C the purposes of any such provision or scheme; and

     D the Water Council;

(d) references therein to sea defences and sea defence works shall be omitted;

(e) in Article 17 - 



(i) for paragraph (4) substitute - 

    " (4) Every claim for compensation under this Article - 


(a) shall be made in writing to the Department of Agriculture within 3 years from the date of completion of the work 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

(b) shall, in default of agreement, be heard and determined by the Lands Tribunal.";


(ii) in paragraph (5), the words "and may allow a sum in respect of the cost of the employment of any" shall be omitted;



(f) in Article 38, after paragraph (2) add - 

    " (3) Every claim duly made for compensation under this Article shall, in default of agreement, be heard and determined by the Lands Tribunal.".

(a) stating that a water management programme has been prepared in draft;

(b) indicating the area to which the draft programme applies;

(c) specifying a place where a copy of the draft programme may be inspected free of charge at all reasonable times during the period of 28 days beginning with the date of the first publication in a newspaper; and

(d) stating that any person may, within that period, by notice in writing to either Department object to the making of an order adopting the draft programme.

     2. Either Department shall, if so requested by any person, furnish him with a copy of the draft programme on payment of such reasonable charge as it may determine.

     3. The Departments may alter the terms of the draft programme in such manner as they think fit, but where the Departments propose to alter significantly any such draft programme they shall cause to be published such additional notices as appear to them to be necessary.

     4. If, before the end of the period of 28 days referred to in paragraph 1, notice in writing of an objection is received by either Department from any person appearing to it to be a person who may be affected by the draft programme or the draft programme as proposed to be altered under paragraph 3, the Departments, before making an order under Article 57(1) adopting the programme shall, unless the objections are met or withdrawn or the Departments are satisfied that they are solely of a frivolous or vexatious nature, cause an inquiry to be held by the Appeals Commission.

     5. Sub-paragraphs (2) and (3) of paragraph 3 of Schedule 1 apply in relation to an inquiry under paragraph 4 as they apply in relation to an inquiry under sub-paragraph (1) of that paragraph.

     6. An objection shall not be made to the Appeals Commission in respect of any watercourse in relation to which the Lands Tribunal has, on a review of a determination by the Drainage Council for Northern Ireland, or of a refusal by that Council to make a determination, decided that the watercourse should or should not be a designated watercourse.

     7. After the expiry of the period of 28 days referred to in paragraph 1 and, where an inquiry is held by the Appeals Commission, after considering the report of the Commission, the Departments may make the order under Article 57(1) adopting the programme in the terms of the draft or in those terms altered in such manner as they think fit.

     8. If the Departments adopt a water management programme under Article 57(1), they shall make such arrangements as appear to them to be appropriate for the publication of the programme and of notices stating that it has been made.

     9. In this Schedule "designated watercourse" and "watercourse" have the meanings assigned by Article 2(2) of the Drainage Order.

(a) in subsection (1)(a) for "section 7 of the Water Act (Northern Ireland) 1972 ("the 1972 Act")" substitute "paragraph 1 of Schedule 1 to the Water (Northern Ireland) Order 1999 ("the 1999 Order")";

(b) in subsection (1)(i) for "notices published under section 9(3) of the 1972 Act" substitute "the advertisement of the application under paragraph 1 of Schedule 1 to the 1999 Order";

(c) in subsection (3) for "Section 9(4) of the 1972 Act" substitute "Article 13(1) of the 1999 Order";

(d) in subsection (4) for "Section 9(5) of the 1972 Act shall not apply to any application under section 7 of that Act" substitute "Paragraph 2(2) of Schedule 1 to the 1999 Order shall not apply to any application under paragraph 1 of Schedule 1 to that Order".

The Drainage (Northern Ireland) Order 1973 (NI 1)

In paragraph 1(f) of Schedule 6, after "except" insert "in accordance with regulations under Article 20 of the Water (Northern Ireland) Order 1999 or".

    " (2A) Where, in pursuance of any statutory provision listed in paragraph (2B), any appeal is made to the Appeals Commission, the Appeals Commission shall, without prejudice to its powers under paragraph (7) and section 23 of the Interpretation Act (Northern Ireland) 1954, advertise the appeal in one or more newspapers circulating in the area to which the appeal relates.

    (2B) The statutory provisions referred to in paragraph (2A) are - 


(a) section 11A(4)(b) of the Fisheries Act (Northern Ireland) 1966 (fish culture licences);

(b) Article 11(4) of the Water and Sewerage Services (Northern Ireland) Order 1973 (acquisition of water rights);

(c) Article 6 of the Water (Northern Ireland) Order 1999 (water quality objectives);

(d) Article 13(1)(a), (b), (c), (d), (f) and (g) of the Water (Northern Ireland) Order 1999 (appeals in relation to consents).



    (2C) Where the Appeals Commission advertises an appeal in accordance with paragraph (2A), the Commission shall be entitled to recover the expenses of the advertisement from the appellant.".

In Article 11(3)(d) for "section 14 of the Water Act (Northern Ireland) 1972" substitute "Article 20 of the Water (Northern Ireland) Order 1999".

" (b) the Water (Northern Ireland) Order 1999;".

In paragraph 12 of Schedule 5 for "Water Act (Northern Ireland) 1972" substitute "Water (Northern Ireland) Order 1999".

     " 22. Articles 5, 7, 9, 14, 16 and 30 of the Water (Northern Ireland) Order 1999.".

" (b) the Water (Northern Ireland) Order 1999;".


The Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18)

In Articles 7(12)(a) and 28(3)(a)(ii), for "the Water Act (Northern Ireland) 1972" substitute "the Water (Northern Ireland) Order 1999".

" Restrictions on liability relating to the pollution of waterways and underground strata
     56A.  - (1) This Article applies where any land is contaminated land by virtue of paragraph (b) of the definition of "contaminated land" in Article 49(1) (whether or not the land is also contaminated land by virtue of paragraph (a) of that definition).

    (2) Where this Article applies, no remediation notice given in consequence of the land in question being contaminated land shall require a person who is an appropriate person by virtue of Article 54(4) or (5) to do anything by way of remediation to that or any other land, or any waterway or underground strata, which he could not have been required to do by such a notice had paragraph (b) of the definition of "contaminated land" in Article 49(1) (and all other references to pollution of waterways and underground strata) been omitted from this Part.

    (3) Nothing in paragraph (2) prevents the enforcing authority from doing anything by way of remediation under Article 60 which it could have done apart from that paragraph, but the authority shall not be entitled under Article 61 to recover from any person any part of the cost incurred by the authority in doing by way of remediation anything which it is precluded by paragraph (2) from requiring that person to do.".

In Article 60, in paragraphs (3)(d) and (4)(d), for "Article 57" substitute "Article 56A or 57".

In Article 61(1), for "Article 57(6)" substitute "Article 56A(3) or 57(6)".

In Article 70(4) for "section 5 of the Water Act (Northern Ireland) 1972" substitute "Part II of the Water (Northern Ireland) Order 1999 for the purposes of Article 9 of that Order".

(a) modify the provisions relating to discharge consents;

(b) enable the Department of the Environment to make more extensive provision, by regulations, to prevent pollution;

(c) confer more extensive powers on the Department of the Environment to carry out anti-pollution works and enable the Department to issue notices requiring persons to carry out anti-pollution works;

(d) confer powers on the Department of Agriculture to carry out works in relation to waterways.

ISBN 0 11 082210 2