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DRAINAGE (NORTHERN IRELAND) ORDER 1973 - SECT 44

44. The transitional and saving provisions specified in Schedule 9 shall have
effect for the purposes of this Order.

Art.45, with Schedule 10, effects repeals

1. The Drainage Council shall consist of eighteen persons appointed by the
Minister of whom

(a)ten shall be appointed in accordance with paragraph 2 and shall represent
district councils;

(b)one shall be an officer of the Ministry, who shall represent drainage and
navigational interests;

(c)one shall be an officer of the Ministry of Finance nominated by the
Minister of Finance;

(d)one shall represent agricultural interests;

(e)one shall represent fishery interests;

(f)two shall be appointed after consultation with the Minister of Commerce,
one to represent industrial interests and one to represent tourist interests;

(g)one shall be appointed after consultation with the Minister of Development
and shall represent conservation interests;

(h)one shall be specially qualified to advise on drainage matters.

2. Where a body which the Minister is satisfied represents the interests of
district councils comes into being, the persons to be appointed under
paragraph 1(a) shall be appointed after consultation with that body and, until
then, those persons shall be appointed after consultation with persons who, in
his opinion, are representative of district councils.

3.(1) The members of the Council shall be appointed in the year 1973 and in
every fourth year thereafter and shall be appointed as soon as possible after
the date on which a local general election is held in that year under
section 11(2) of the Electoral Law Act (Northern Ireland) 1962, and

(a)persons appointed to the Council shall become members of the Council from
such date as shall be specified in their appointment;

(b)subject to sub-paragraph (2), the appointments shall cease to have effect
after the day preceding that from which the next subsequent appointments made
under this paragraph are effective.

(2) Where a person appointed under paragraph 1(a) is a member of a district
council at the date of his appointment to the Drainage Council, he shall, if
he ceases to be a member of the district council, cease to be a member of the
Drainage Council, but no such cessation shall take effect until that person's
successor is appointed.

(3) A member whose term of office has expired may be re-appointed.

4. The chairman of the Drainage Council shall be such one of the members
thereof as the Council may elect.

5. A casual vacancy occurring in the membership of the Drainage Council shall
be filled by a person appointed by the Minister, being a person of the
category and appointed in the manner specified in such one of sub-paragraph
(a) to (h) of paragraph 1 to which the member being replaced belonged, and
that person shall hold office for the residue of the term of office of that
member.

6. A member of the Drainage Council may resign his membership by giving notice
in writing to the Minister.

7. The quorum of the Drainage Council shall be five and, subject thereto, the
Council may, with the approval of the Ministry, make rules regulating the
procedure of the Council.

8. The Ministry, after consultation with the Ministry of Finance, shall
appoint a fit and proper person to be secretary of the Drainage Council and
may assign for service under the Council such officers, clerks and servants as
the Ministry, with the approval of the Ministry of Finance, may consider
necessary.

1. Clearing of watercourses, whether natural or artificial, including

(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 watercourses, whether natural or artificial, and
their feeders, including

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

(b)the cutting of new drains where required;

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

(d)the sinking of pumping sumps;

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

(f)the removal and disposal of old spoil banks.

3. Works in connection with agricultural land, that is to say

(a)the draining of farm roads and tracks;

(b)the clearing of watercourses on agricultural land in cases where, after the
service of a notice under Schedule 5, the owner or occupier of the land fails
or neglects to scour out and cleanse a watercourse.

4. New construction, including

(a)the diversion of watercourses, whether natural or artificial, and their
feeders;

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

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

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

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

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

(g)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
improved watercourses.

5. Removal or alteration of artificial objects such as weirs, sluices, dams,
sea defence works, etc.

6. Sea defence works.

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

1. References to the Ministry or to the Council shall be construed as
references to the Ministry within the meaning of this Order.

2. References to the said Schedule 6 shall be construed as references to that
Schedule as modified by this Schedule.

3. Paragraph 1 shall be omitted.

4. In paragraph (2)

(a)for the words from the beginning to "directs," there shall be substituted
the words "Where the Ministry proposes to acquire land otherwise than by
agreement, it shall give notice of its intention to do so, and such notice";
and

(b)in sub-paragraph (c), for the words "as may be prescribed" there shall be
substituted the words "as the Ministry considers fit".

5. In paragraph 3(1)(ii), for the word "refuse" there shall be substituted the
words "decide not".

6. In paragraph 4, the words from "and may provide" to the end of the
paragraph shall be omitted.

7. In paragraph 5

(a)in sub-paragraph (1)(a), the words "in the prescribed form and manner"
shall be omitted;

(b)in sub-paragraph (1)(b), the two references to the said Act of 1972 shall
be construed as references to this Order;

(c)in sub-paragraph 1(d), the words "in the prescribed form" shall be omitted;
and

(d)in sub-paragraph (2), for the words "as may be prescribed" there shall be
substituted the words "as the Ministry considers fit".

8. In paragraph 6(2), for the words "fund out of which the expenses of the
council in acquiring the land are to be defrayed" there shall be substituted
the words "Consolidated Fund" and for the words "out of the Compensation Fund"
there shall be substituted the words "made by the Ministry".

9. In paragraph 11(3), the words "in the prescribed form" shall be omitted.

10. In paragraph 12

(a)in sub-paragraph (1), the words "such" and "as may be prescribed" shall be
omitted;

(b)in sub-paragraph (2), for the words from "clerk" to "directs" there shall
be substituted the words "Ministry as correct, and shall publish".

11. In paragraph 14(1), the words "in the prescribed form" shall be omitted.

12. In paragraph 15(1), for the words "in the prescribed form" there shall be
substituted the words "in such form as the Ministry may approve".

13. Paragraph 19 shall be omitted.

14. In paragraph 20, sub-paragraph (2) shall be omitted.

1. Before making any bye-laws under Article 22, the Ministry shall prepare a
draft of the bye-laws and publish in the Belfast Gazette, and at least once in
two successive weeks in one or more newspapers, a notice

(a)stating the general effect of the bye-laws;

(b)specifying a place where a copy of the draft bye-laws may be inspected free
of charge at all reasonable times during the period of twenty-eight days
beginning with the date of the first publication of the notice in a newspaper;

(c)stating that any person may, within that period, by notice in writing to
the Ministry, object to the making of the bye-laws.

2. The Ministry shall, at the request of any person, furnish him with a copy
of the draft bye-laws on payment of such reasonable sum as it may determine.

3. The Ministry may make the bye-laws in the terms of the draft or in those
terms altered in such manner as it considers fit; but, where the Ministry
considers that any persons may be adversely affected by any significant
alterations, the Ministry shall publish such notices as appear to it to be
necessary for informing those persons of the effect of the alterations.

4. If, before the end of the period of twenty-eight days mentioned in
paragraph 1 or, where the Ministry has published a notice under paragraph 3,
within such further time as the Ministry may consider reasonable, notice in
writing of an objection is received by the Ministry from any person appearing
to it to be a person who may be adversely affected by the bye-laws as prepared
in draft or as proposed to be altered, the Ministry, before making the
bye-laws, shall, unless the objections are met or withdrawn or it is satisfied
that they are solely of a frivolous or vexatious nature, either

(a)cause an independent inquiry to be held; or

(b)afford to the objector an opportunity of appearing before, and being heard
by an independent person appointed by the Ministry for the purpose.

1. Subject to paragraphs 2 and 3, the occupier of any land on or through which
an undesignated watercourse runs, or of which such a watercourse forms a
boundary, shall so scour out and cleanse and maintain the portion of the
watercourse running on or through, or bounding, the land occupied by him that
the efficiency of the watercourse, for the due discharge of any water that may
flow into it, is not impaired by reason of any act or omission of his or of
anyone acting under his authority.

2.(1) Where an undesignated watercourse forms a boundary between land in the
occupation of different persons, the liability of each person under
paragraph 1 shall extend only so far as the middle line of the watercourse.

(2) Sub-paragraph (1) shall apply whether the bed and soil of the watercourse
is owned by one only of the persons mentioned in that sub-paragraph, or partly
by the one and partly by the other, or by some other person, or partly by that
other person and partly by one or both of the persons mentioned in that
sub-paragraph.

3. This Schedule shall not be construed as imposing any obligation on an
occupier of land in respect of an undesignated watercourse that does not
perform any function connected with the drainage of that land, but where

(a)any other person is

(i)required by paragraph 2 to scour out, cleanse and maintain any part of a
watercourse mentioned in that paragraph; or

(ii)prejudicially affected by the inefficiency of such a watercourse; and

(b)the Ministry, by notice in writing served on that occupier, requires him to
permit that other person to enter on the land and to carry out, in relation to
the watercourse, such works as may be specified in the notice;

4. The Ministry may at any time, by a notice in writing served on the occupier
of any land, require him to scour out and cleanse, or, for the purpose of
maintenance, to carry out any work specified in the notice in relation to, so
much of an undesignated watercourse as runs on or through, or bounds, land
occupied by him; and, subject to the provisions of this Schedule, the occupier
shall, within such time as may be specified in the notice, comply with the
requirements of the notice.

5. Any notice under paragraph 4 shall

(a)specify in reasonable detail the works that the Ministry considers
necessary for the purpose of complying with the requirements of the notice;
and

(b)state the right of the person on whom the notice is served to send to the
Ministry an objection to the notice.

6. When a notice under paragraph 4 has been served on a person, the following
provisions shall have effect

(a)that person (in this paragraph referred to as "the objector") may, within
twenty-one days after the service of the notice on him, send to the Ministry
an objection in writing to the notice;

(b)every objection shall contain a full statement of the grounds on which the
objection is based;

(c)the Ministry shall consider every such objection, and shall either

(i)notify the objector that the Ministry has withdrawn the notice; or

(ii)serve upon him a further notice

(A)setting out the grounds for the rejection, in whole or in part, of the
objection;

(B)requiring him to carry out the works specified therein (being either the
works required by the notice under paragraph 4 or such variation of those
works as the Ministry considers fit, having regard to the objection) within
such time as may be specified in the notice; and

(C)stating his right of appeal under sub-paragraph (d);

(d)if an objector on whom a notice has been served under sub-paragraph (c)(ii)
gives to the Ministry, within twenty-one days of that service, a written
statement of his intention to appeal and specifies in that statement the
ground on which the appeal is to be brought, the objector may appeal to the
county court for the division in which the land, or any part thereof, occupied
by him, being the land on or through which the watercourse runs, or to which
it forms a boundary, is situate, on any ground specified in the objection
mentioned in sub-paragraph (a), and the court, on the hearing of the appeal,
may confirm or annul the notice, or vary any requirement thereof.

7. If, within the specified time, an occupier of land has failed to comply
with a notice under paragraph 4 or 6(c)(ii)

(a)the Ministry may take such action and execute all such work as the Ministry
considers necessary for carrying out anything required by the notice, and, for
the purposes of this paragraph, may do anything that it is empowered to do by
Article 14 or 21 to do in the carrying out of a drainage scheme or by way of
repair and maintenance of a designated watercourse; and

(b)the Ministry shall recover from the occupier the expenses incurred by it in
carrying out the work mentioned in sub-paragraph (a).

8. In paragraphs 7 and 9, "specified time" means

(a)in relation to a notice under paragraph 4, where objections are not sent
under paragraph 6(a), such time as is specified in the notice;

(b)in relation to a notice under paragraph 6(c)(ii), where the person on whom
it is served does not appeal to the county court against the notice or where,
having so appealed, he does not proceed to have his appeal duly heard and
determined by the court, such time as is specified in the notice, or such
longer time as the Ministry may specify in writing;

(c)in relation to a notice as respects which an appeal has been duly heard and
determined by the county court, such time after the confirmation or variation
of the notice as the court directs.

9. If a person on whom a notice has been served under this Schedule fails to
comply with the notice, then

(a)in the case of a notice under paragraph 3, on the expiration of any time
stated in the notice; or

(b)in the case of a notice under paragraph 4 or 6(c)(ii), on the expiration of
the specified time;

10. Nothing in this Schedule shall affect the right of every person to recover
under the terms of any covenant, lease, trust or contract the amount of any
expenses incurred by him under the foregoing provisions of this Schedule, or
recovered from him by the Ministry.

11. Where a person has, in order to comply with the requirements of this
Schedule, scoured out and cleansed any watercourse, it shall, in any
proceedings taken against him under any statutory provision relating to
fisheries in respect of any injury or disturbance thereby caused to any spawn,
smolts or fry of any kind of fish, or to any spawning bed, bank or shallow, be
a good defence to him to prove

(a)if the watercourse was scoured out and cleansed in accordance with a notice
under paragraph 4 or 6(c)(ii) and the notice included directions for the
purpose of avoiding such injury or disturbance, that those directions were
complied with; or

(b)in any other case, that such injury or disturbance was unavoidable.

12. In this Schedule

"construction" includes any embankment, wall, valve or sluice connected with a
watercourse, and also includes any fencing or other erection or thing
interfering, or likely to interfere, with the free flow of the watercourse;

"scour out and cleanse" includes the cutting, topping or removal of any tree,
the removal of any obstruction, construction, accretion, silt, deposit or
fall, where such removal is necessary to restore the normal depth or width of
a watercourse, and the repair and protection of any bank or construction;

"undesignated watercourse" means a watercourse that is not a designated
watercourse;

"watercourse" includes a drain or sewer (not being a drain or sewer vested in
the Ministry of Development), where the Ministry is satisfied that the source
of contamination has been eliminated from the drain or sewer, but, save as
aforesaid, has the meaning assigned to it by Article 2(2).

1. A person shall not

(a)place any solid matter in any watercourse or, save as permitted by any
other statutory provision, cause, allow or suffer the discharge, flow or fall
into any watercourse of any matter, whether solid or liquid, likely to render
that watercourse, or any other watercourse, less effective for drainage
purposes; or

(b)do any act likely to impair the efficiency of any sea defences or sea
defence works; or

(c)subject to paragraphs 2 to 4, construct or reconstruct a bridge in or over
any watercourse, or alter the waterway of any such bridge, except with the
consent of the Ministry; or

(d)so use any vehicle, machinery or implement as to break down or damage the
bank or embankment of any watercourse or sea defences; or

(e)subject to paragraphs 3 and 4, erect or place any structure in, over or
under any watercourse, or carry out any work of alteration or repair on any
structure in, over or under any watercourse, if the work is likely to

(i)affect the flow of water in the watercourse; or

(ii)impede any drainage work; or

<(iii)prevent or impede the passage of fish; or


<(iv)interfere with, or in any way hinder, the maintenance of the watercourse;


(e)except with the consent in writing of the Ministry and, in any case where
the Ministry so directs, in accordance with plans, sections and specifications
approved by the Ministry; or

(f)erect or alter any structure designed to contain or divert the waters of
any watercourse, except with the approval in writing of, and in accordance
with plans, sections and specifications approved by, the Ministry; or

(g)suffer any structure which is or has been erected, placed, raised, altered
or repaired in contravention of any provision of sub-paragraph (c), (e) or
(f), or of section 30(1)(a) or 31(1) of the Drainage Act (Northern Ireland)
1947 or section 10(1) or (2) of the Drainage Act (Northern Ireland) 1964, to
remain, unless the Ministry is satisfied that, if an application for the
Ministry's consent or approval with respect to the structure had been made
under the provision in question, such consent or approval would have been
forthcoming, and gives its consent in writing to the structure remaining.

2. The construction, reconstruction or alteration of a bridge by an authority,
within the meaning of Article 15(5), in accordance with plans, sections and
specifications approved by the Ministry of Development shall, for the purposes
of paragraph 1(c), be deemed to have been done with the consent of the
Ministry.

3. A consent or approval required under paragraph 1 shall not be unreasonably
withheld, and

(a)any such consent may be given subject to any reasonable condition as to the
time at which, and the manner in which, the work is to be carried out; and

(b)any such consent or approval shall, if neither given nor refused within
three months after the application therefor is made, be deemed to have been
given.

4. If any question arises under this Schedule as to whether the consent of the
Ministry is unreasonably withheld or whether any condition imposed under
paragraph 3(a) is reasonable, that question shall be referred to a single
arbitrator to be agreed between the parties or, failing such agreement, to be
appointed by the President of the Institution of Civil Engineers on the
application of either party.

5. If any person contravenes paragraph 1, then, without prejudice to the
following provisions of this Schedule

(a)that person shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding #100 and, in the case of a continuing
offence, to an additional fine not exceeding #5 for every day during which the
offence continues; and

(b)the Ministry may remove, alter or pull down any work in relation to which
any contravention is or has been committed, and may recover from that person
the expenses incurred in doing so.

6. If, in contravention of paragraph 1

(a)any solid matter is placed; or

(b)the discharge, flow or fall of any matter, whether solid or liquid, is
caused, allowed or suffered; or

(c)any structure is erected, placed, altered, repaired or suffered to remain;

(i)the Ministry may serve on that person a notice requiring him to abate the
nuisance within a time to be specified in the notice, and, if he makes default
in doing so, the Ministry may cause a complaint relating to the nuisance to be
made before a justice of the peace, and the justice shall thereupon issue a
summons requiring that person to appear before a court of summary
jurisdiction;

(ii)if the court is satisfied that, with respect to that solid matter,
discharge or structure, that person has contravened paragraph 1, the court
shall make an order requiring him to abate the nuisance within a time
specified in the order, and may by order

(A)impose on him a penalty not exceeding #100; and

(B)give directions as to the payment of all costs incurred up to the time of
the making of the order;

(iii)if any person does not obey an order under this paragraph to abate a
nuisance, he shall, unless he satisfies the court that he used all due
diligence to carry out the order, be liable to a penalty not exceeding #5 for
every day during which his default continues, and the Ministry may

(A)abate the nuisance; and

(B)recover from that person the expenses incurred in doing so.

7. A person shall not be liable to both a fine under paragraph 5 and a penalty
under paragraph 6 in respect of the same contravention.

8.(1) Without prejudice to paragraphs 5 to 7, the Ministry may, where it is
satisfied that the free flow of any water is obstructed or diminished, or the
passage of fish is prevented or impeded, by any work done by any person in
contravention of paragraph 1(c)

(a)alter or remove any such work; and

(b)recover from that person the expenses incurred in doing so.

(2) Where the banks of any watercourse are damaged from any cause, the
Ministry may, without prejudice to any other remedy, repair the banks and may
recover the cost thereof from any person responsible for the damage.

9.(1) The occupier of any land in the vicinity of any watercourse or sea
defences shall ensure that the banks or embankments thereof are not broken
down or damaged by cattle or other animals grazing or being on that land.

(2) Where, by reason of a contravention of sub-paragraph (1) by any such
occupier, any watercourse is, or sea defences are, rendered, or likely to be
rendered, less effective for drainage purposes, that occupier shall be guilty
of an offence and shall be liable on summary conviction to a fine not
exceeding #20.

10.(1) The Ministry may, if it considers that any tree or structure in the
vicinity of any watercourse is in danger of collapsing in such a way as to
obstruct the free flow of water in, or injure the banks of, the watercourse,
serve a notice in writing on the occupier of the land on which the tree or
structure is requiring him, at his own expense and within the time specified
in the notice

(a)in the case of a tree, to remove it; or

(b)in the case of a structure, either to remove it or to carry out such
repairs to it as are necessary to remove the danger of its collapsing.

(2) If the requirements of the notice mentioned in sub-paragraph (1) are not
complied with, the Ministry may enter on the land and remove the tree or
structure, and the cost of such removal, and compensation for any damage or
injury suffered by any person (including the Ministry) by reason of the
collapse of the tree or structure, may, without prejudice to any other remedy,
be recovered from the occupier respectively by the Ministry and by any person
so damaged or injured.

11. The giving of any consent or approval, or the approval of any plan,
section or specification, by the Ministry under paragraph 1 shall not affect
the liability of any person to comply with the provisions of any statutory
provision applicable to any works proposed to be carried out in pursuance of
that consent or approval, or in accordance with any such plan, section or
specification.

12. Nothing in this Schedule shall

(a)operate in derogation of any provision having the force of law by which the
consent of any government department is required for the erection of a bridge
over any watercourse, or by virtue of which any powers are exercisable by any
government department in relation to such a bridge; or

(b)impose any liability on the Ministry in respect of the erection, placing,
alteration or repairing of any structure; or

(c)apply to any works under the control of a harbour authority or conservancy
authority, or maintained under any statutory provision;

13. In this Schedule

"bridge" includes a culvert or other like structure in or over a watercourse;

"structure" (without prejudice to the generality of its meaning) includes any
building, embankment, wall, bridge, dam, valve, sluice or pipe.

1. In this Schedule, "the principal agreement" means the agreement made on the
4th September 1950 between the Ministry of Finance and the Electricity Supply
Board, Dublin (in this Schedule referred to as "the Board"), but, where any
agreement has been made pursuant to paragraph 2, it means the said agreement
made on the 4th September 1950 as supplemented or modified by the agreement
made pursuant to paragraph 2.

2.(1) Subject to the provisions of this paragraph, the Ministry may at any
time enter into further agreements with the Board (in this paragraph referred
to as "supplemental agreements") for supplementing or modifying the principal
agreement.

(2) A supplemental agreement shall not be entered into until it has been laid
before each House of Parliament for the statutory period, but, if, during that
period, a resolution is passed by either House declaring that the supplemental
agreement so laid ought not to be entered into by the Ministry, the Ministry
shall not enter into the agreement, but without prejudice to the power to make
a new supplemental agreement.

3. For the purposes of carrying the principal agreement into effect, the
Ministry may exercise the powers conferred on it under any of the following
provisions of this Schedule and all such other powers as may be necessary for,
or incidental to, the due performance by the Ministry of its obligations under
the principal agreement.

4. The Ministry shall be the drainage authority for the purpose of reducing
the flooding caused to land in Northern Ireland by the waters of Upper or
Lower Lough Erne (in this Schedule referred to as "the Loughs") and of the
portion of the River Erne which is in Northern Ireland.

5.(1) The Ministry may prepare a scheme or schemes for the purposes of the
carrying out of works which the Ministry considers necessary

(a)for giving effect to any of the provisions of the principal agreement;

(b)for reducing the flooding of land around the Loughs.

(2) A scheme prepared under this paragraph shall contain such particulars with
regard to such matters and shall be in such form as the Ministry may consider
fit and, in particular, and without prejudice to the generality of the
foregoing provisions, shall contain such provisions as the Ministry may
consider necessary for the implementation of section 2(2) of the Water Act
(Northern Ireland) 1972 and for the protection of rights or interests affected
by the scheme.

(3) The authorised officers, agents and servants of the Ministry may, at all
reasonable times, on production (if so required) of their authority, enter on
any land and do there all such things as may appear to them to be reasonably
necessary or expedient for the purposes of the preparation of a scheme.

(4) Every reference in this Schedule to a scheme shall be construed as
including every map, drawing, plan, section and schedule annexed to such
scheme.

6.(1) After the preparation of a scheme, the Ministry shall

(a)send a copy of the scheme to such district councils as the Ministry may
consider appropriate;

(b)publish in the Belfast Gazette and such one or more newspapers as it shall
consider appropriate a notice stating that the scheme has been prepared and
also stating the place or places and times at which, and the period, not being
less than twenty-eight days, during which, a copy of the scheme will be
available for inspection;

(c)serve on every person appearing to the Ministry to be the owner, lessee or
occupier of any land proposed in the scheme to be acquired or otherwise
directly interfered with, a copy of the public notice, together with a
statement that the scheme proposes the acquisition of, or interference with,
such land; and

(d)serve on any person appearing to the Ministry to be an owner or lessee of
any fishery proposed in the scheme to be interfered with a copy of the public
notice, together with a statement informing that person of the proposed
interference.

(2) Every notice published under this paragraph shall contain or be
accompanied by a statement to the effect that any person who considers that
his interests will be prejudicially affected by the scheme may, in the manner
and within the time, not being less than twenty-eight days, specified in the
statement or notice, send to the Ministry any observations in regard to the
scheme which he wishes to make.

(3) A district council to which a copy of a scheme is sent by the Ministry in
pursuance of this paragraph

(a)shall cause such copy to be exhibited in its principal offices or other
convenient place during the period required to be specified in that behalf
under sub-paragraph (2) with respect to the scheme, and shall permit such copy
to be inspected during normal office hours by any person claiming to be
interested therein;

(b)shall examine and consider the scheme; and

(c)may, at any time within twenty-eight days after the date of the publication
in the Belfast Gazette pursuant to sub-paragraph (2) of the notice relating to
such scheme, send to the Ministry any observations in regard to the scheme
which it wishes to make.

7. After the expiration of twenty-eight days from the service of notices in
pursuance of paragraph 6, the Ministry may, after considering any observations
sent to it under that paragraph and after holding such inquiry (if any) as the
Ministry considers necessary, by order confirm the scheme in whole or in part,
and either without modifications or with such modifications (which may include
variations, additions or exceptions) as the Ministry considers fit (and such
scheme or part thereof as so confirmed is in this Schedule referred to as a
"confirmed scheme").

8. For the purposes of this Schedule, the provisions of this Order specified
in Part II of this Schedule shall, with the modifications thereof specified in
Part III of this Schedule, apply in relation to the Loughs and such portion of
the River Erne as is in Northern Ireland in like manner as those provisions
apply in relation to any other watercourse to which this Order applies, and
those provisions, as so modified, shall have effect as if they were provisions
of this Schedule.

9.(1) Where, in carrying out works under this Schedule

(a)any road, bridge, culvert or embankment has been improved as a means of
communication or otherwise in consequence of the carrying out of those works,
such proportion of the cost of such works as ought fairly to be borne by the
authority liable to maintain such road, bridge, culvert or embankment, or any
portion thereof, shall be borne by that authority;

(b)any extra expenses are incurred by the Ministry by reason of the carrying
out of additional works at the request or requirement of any authority
pursuant to the principal agreement, such extra expenses shall be borne by the
authority at whose request or requirement the additional works were carried
out.

(2) Any dispute between the Ministry and an authority as to the amounts which,
under the foregoing provisions of this paragraph, fall to be borne by that
authority shall be referred to arbitration under and in accordance with the
provisions of the Arbitration Act (Northern Ireland) 1937.

(3) For the purposes of this paragraph, "authority" means any person entitled
or liable to maintain any road, bridge, culvert or embankment, or any part
thereof, whether under any public general, local or privte statutory provision
or under any order of court, scheme, deed or other instrument, or otherwise,
and the provisions of any such statutory provision shall have effect subject
to the foregoing provisions of this paragraph.

10.(1) Where, in pursuance of the provisions of the principal agreement, such
works have been carried out as will, in the opinion of the Ministry, enable
the water levels of the Loughs and River Erne to be controlled and regulated
in accordance with those provisions, the Ministry shall, by order made after
consultation with the Board, prescribe the date on and from which those water
levels shall be so controlled and regulated.

(2) For the purposes of this Schedule, the date of completion of any works
carried out under any confirmed scheme shall be such date as may be certified
by an order made by the Ministry in that behalf.

(3) Notice of the making of any order under this paragraph shall be published
in the Belfast Gazette and any such one or more newspapers as the Ministry may
consider appropriate.

11.(1) For the purposes of the principal agreement, the account known as the
Erne Development Account shall continue in being as such and shall continue to
be administered and controlled by the Ministry.

(2) There shall be paid to the credit of the Erne Development Account

(a)all sums paid by the Board to the Ministry pursuant to the provisions of
the principal agreement;

(b)such sums as are paid by any authority to the Ministry pursuant to
paragraph 9 in consequence of works carried out under, or for the purposes of
giving effect to, the principal agreement; and

(c)such other sums as the Ministry may determine.

(3) There shall be charged to and paid out of the Erne Development Account all
expenses properly incurred by the Ministry pursuant to the provisions of the
principal agreement, together with any other sums which the Ministry and the
Board agree should be so charged and paid.

12.(1) The Ministry shall carry out in the Loughs such works, including the
dredging and maintenance of channels, as it considers necessary to make the
Loughs navigable by such vessels as may be permitted to use the same by virtue
of bye-laws under paragraph 13, and shall provide and maintain in the Loughs
such aids to navigation as it considers necessary.

(2) The Ministry may carry out in such portions of the River Erne and in the
tributaries of the Loughs as are in Northern Ireland such works, including the
dredging and maintenance of channels and the provision and maintenance of aids
to navigation, as it may consider desirable for the purpose of improving those
portions of that river and those tributaries as waterways.

(3) The Ministry shall prepare a scheme or schemes for the purpose of carrying
out any works under sub-paragraph (2) which it may consider desirable, and,
subject to sub-paragraph (4), the provisions of this Schedule relating to
works schemes shall apply to schemes relating to works under sub-paragraph (2)
as they apply to the schemes mentioned in paragraph 5(1).

(4) Paragraph 8 and Parts II and III shall, for the purposes of sub-paragraphs
(2) and (3), apply to such portions of the tributaries of the Loughs as are in
Northern Ireland as they apply to the Loughs.

13.(1) The Ministry may, subject to the provisions of the Merchant Shipping
Acts 1894 to 1971 and of any rules made thereunder, make bye-laws for all or
any of the following purposes

(a)regulating the use, by vessels, of the Loughs and of such portions of the
River Erne and the tributaries of the Loughs as are in Northern Ireland;

(b)without prejudice to the generality of head (a)

(i)regulating the types of vessels which may use the Loughs and those portions
of that river and those tributaries, the condition of such vessels and the
licensing thereof;

(ii)requiring the provision of safety equipment in such vessels;

<(iii)preventing the improper use, by vessels, of the Loughs and those portions of that river and those tributaries;


(c)preventing the improper use of any banks or works constructed under a
confirmed scheme, or preserving any such banks or works from damage or
destruction;

(d)regulating the opening of any locks or the operation of any other works
constructed under a confirmed scheme.

(2) Schedule 4 shall have effect with respect to the making of bye-laws under
sub-paragraph (1) as it has with respect to the making of bye-laws under
Article 22.

(3) Bye-laws made by the Ministry under this paragraph may provide for
offences against them to be punishable on summary conviction by a fine not
exceeding #50 and, in the case of a continuing offence, an additional fine not
exceeding #5 for each day during which the offence continues after written
notice of the offence has been given.

(4) The prosecution or conviction of any person for an offence against any
bye-law made by the Ministry under this paragraph shall not prejudice or
affect any civil or other liability of that person which may arise by reason
of any act or omission constituting that offence, and shall not prejudice or
affect any liability of that person arising under any other statutory
provision by reason of such act or omission.

14.(1) An Arbitration Tribunal constituted in accordance with the provisions
of the principal agreement may determine, in accordance with those provisions,
any dispute or difference between the Ministry and the Board arising out of
the principal agreement.

(2) Subject to sub-paragraph (4), the Ministry shall, on the request of a
Tribunal constituted as aforesaid, cause to be produced for inspection by the
Tribunal such documents, books, records or accounts in its possession as are
relevant to the matter at issue before the Tribunal.

(3) Subject to sub-paragraph (4), a Tribunal constituted as aforesaid may, for
the purpose of determining any such dispute or difference, by summons require
any person to attend, at such time and place as is set forth in the summons,
to give evidence or to produce any documents or articles in his custody or
under his control which relate to any matter pending before the Tribunal, and
may hear, receive and examine evidence on oath, and for that purpose may
administer oaths, or may, instead of administering an oath, require the person
examined to make and subscribe a declaration of the truth of the matter
respecting which he is examined.

(4) Nothing in sub-paragraph (2) or (3) shall authorise a Tribunal constituted
as aforesaid to require any person to produce any book or document, or to
answer any question, which he would be entitled, on the ground of privilege or
otherwise, to refuse to produce or answer if the Tribunal were a proceeding in
a court of law.

(5) Any person who

(a)refuses or wilfully neglects to attend when required to do so by any
Tribunal constituted as aforesaid or to give evidence in the manner required
by the Tribunal; or

(b)who wilfully gives false evidence before the Tribunal or wilfully alters,
suppresses, cancels, destroys or refuses to produce any document or article
which he may be required by the Tribunal to produce;

(6) Counsel of the Bar of Ireland or any solicitor entitled to practise in the
Republic of Ireland may, notwithstanding any other statutory provision,
practise in connection with any hearing in Northern Ireland of any Arbitration
Tribunal constituted as aforesaid, and may appear and represent the Board at
such hearing.

(7) Any award of a Tribunal constituted as aforesaid may, by leave of the High
Court, be entered as a judgment in terms of the Award, and shall thereupon
have the same force and effect as a judgment or order of the High Court.

15. Notwithstanding anything to the contrary in any statutory provision, stamp
duty shall not be chargeable in respect of any agreement entered into,
pursuant to this Schedule, by the Ministry with the Board, or of any agreement
entered into by the Ministry with any person other than the Board for the
purpose of carrying the principal agreement into effect.

16. In this Schedule

"the Board" has the meaning assigned to it by paragraph 1;

"confirmed scheme" has the meaning assigned to it by paragraph 7;

"the Loughs" has the meaning assigned to it by paragraph 4;

"the principal agreement" has the meaning assigned to it by paragraph 1.

17. The provisions of this Order applied by paragraph 8 of this Schedule are
as follows

18. The provisions of this Order specified in Part II shall, in their
application for the purposes of this Schedule, have effect with the following
modifications

(a)references therein to a watercourse shall be construed as including
references to the Loughs and to such portion of the River Erne as is in
Northern Ireland;

(b)references therein to this Order shall be construed as references to this
Schedule;

(c)references therein to

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

(ii)drainage works;

<(iii)drainage purposes or to purposes connected with drainage;


(c)shall respectively be construed as references to

(A)a scheme or schemes confirmed under this Schedule;

(B)works carried out under any provision contained in this Schedule or any
confirmed scheme made thereunder; and

(C)the purposes of any such provision or scheme;

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

(e)in Article 7, the words "Without prejudice to the generality of the
provisions of Article 6," shall be omitted;

(f)in Article 17

(i)for paragraph (1) there shall be substituted the following

(ii)the word "forthwith" in paragraph (4) shall be omitted, and after the word
"Ministry", where it occurs for the first time in that paragraph, there shall
be inserted the words "within three years from the date of completion of the
work from which, or from the operation of which, the claim arises";

(g)in Article 18(1), the words "or to any water power or other water right"
shall be omitted;

(h)in Schedule 2, paragraph 3 shall be omitted.

Schedule 8Amendments

1. An order by the Ministry of Finance under sub-paragraph (2) of paragraph 18
of Schedule 6 to the Local Government Act (Northern Ireland) 1972 prescribing
the rate of interest payable under that paragraph shall apply to the rate of
interest payable upon any outstanding compensation under the Drainage Act
(Northern Ireland) 1947 (including that Act as applied by any other statutory
provision) as if the interest were payable under the said paragraph 18.

2. The administrative powers conferred by this Order on the Ministry shall not
be taken to authorise any matter or thing to be done without the consent of
the Secretary of State or of the Board of Trade and, if the case so requires,
of the Crown Estate Commissioners, where that consent is required to be
obtained under section 9(2) of the Northern Ireland (Miscellaneous Provisions)
Act 1932.

3.(1) Subject to the provisions of this paragraph, nothing in this Order or
any scheme made thereunder shall affect any powers of the Post Office under
the provisions of the Telegraph Acts 1863 to 1916 or authorise any undertakers
to interfere with any telegraphic lines placed or maintained by virtue of any
of the last-mentioned provisions.

(2) Where, for the purposes of carrying out any scheme, the Ministry diverts
or closes any public road, or any part of a public road, under, in, on, over,
along or across which there is any telegraphic line belonging to or used by
the Post Office, the Post Office shall, subject to sub-paragraph (3), have the
same powers in respect of that line as if such road or part had not been
diverted or closed.

(3) If the Ministry or any person in whom the site of that road, or part of a
road, is vested desires that the telegraphic line should be altered,
section 7(1) to (8) of the Telegraph Act 1878 shall apply to the alteration
and, accordingly, shall have effect, subject to any necessary modifications,
as if references therein to undertakers included references to the Ministry or
the person so desiring the line to be altered.

(4) Where, in connection with the doing of any other thing for the purpose of
carrying out any scheme, the Ministry desires that any telegraphic line
belonging to or used by the Post Office should be altered, the said
section 7(1) to (8) shall have effect, subject to any necessary modifications,
as if references therein to undertakers included references to the Ministry.

(5) In this paragraph

"alter" and "telegraphic line" have the same meanings as in the
Telegraph Act 1878;

"scheme" means a drainage scheme and a confirmed scheme under Schedule 7.

4. Nothing in this Order shall, except when otherwise expressly provided,
affect the provisions of any other statutory provision or the powers of any
trustee or other person (including a government department) holding any
property on trust for the purpose of draining or maintaining or improving the
drainage of any land.

5. Notwithstanding the repeal of any statutory provision by this Order

(a)any loan repayable under any such provision shall continue to be repayable
as if this Order had not been made; and

(b)any money recoverable under any such provision shall be recoverable under
this Order.

6. Nothing in this Order shall affect the provisions of sections 28 and 29 of
the Interpretation Act (Northern Ireland) 1954 (effect of repeals and of
substituting provisions).

Schedule 10Repeals

1954 c.33

© 1973 Crown Copyright

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