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1999 No. 662 (N.I. 6)

NORTHERN IRELAND

The Water (Northern Ireland) Order 1999

  Made 10th March 1999 
  Coming into operation in accordance with Article 1(2) to (4)


ARRANGEMENT OF ORDER


PART I

INTRODUCTORY
1. Title and commencement.
2. Interpretation.

PART II

FUNCTIONS OF THE DEPARTMENT OF THE ENVIRONMENT IN RELATION TO MATTERS AFFECTING WATER
Interpretation
3. Interpretation of Part II.
General duty of the Department
4. Duty of Department to promote conservation and cleanliness of water resources.
Quality objectives
5. Classification of quality of waters.
6. Water quality objectives.
Prevention of pollution of water
7. Pollution, etc., of water.
8. Prevention and making good of defaults under Article 7(1).
9. Discharge of effluent into waterway or underground stratum.
10. Relationship with other statutory provisions controlling pollution.
11. Power to make scheme of charges.
12. Enforcement notices.
13. Appeals in respect of consents.
14. Regulations as to prevention of pollution.
15. Pollution emergencies.
Anti-pollution works
16. Anti-pollution works and operations.
17. Notices requiring persons to carry out anti-pollution works and operations.
18. Grant of, and compensation for, rights of entry, etc.
19. Consequences of not complying with a works notice.
Abstraction and impounding
20. Abstraction and impounding of water.
21. Power to make scheme of charges in connection with water resources.
22. Orders as to charges for abstractions of water or discharges.
Works, etc.
23. Power of Department to carry out engineering or building operations.
24. Acquisition of land by Department.
Enforcement
25. Powers of entry and inspection.
26. Supplementary provisions as to powers of entry and inspection.
27. Evidence in connection with certain pollution offences.
28. Power to obtain information.
29. Penalties for false information.
Registers and other information
30. Pollution control register.
31. Exclusion from registers of information affecting national security.
32. Exclusion from registers of certain confidential information.
33. Maps of fresh-water limits of waterways.
34. Collection of data and information by Department.
Miscellaneous
35. Abandoned mines.
36. Power to give effect to Community and other international obligations, etc.
37. Prosecutions.
38. Repeal, amendment and adaptation of local enactments.

PART III

POWERS OF DEPARTMENT OF AGRICULTURE IN RELATION TO WATERWAYS
Introductory
39. Application and interpretation of Part III.
40. Matters to be taken into account in exercising certain functions.
Principal powers of Department in relation to waterways
41. Power of Department to carry out works and provide facilities in relation to waterways.
42. Canal schemes.
43. Powers of maintenance.
44. General powers of the Department.
45. Provisions of the Drainage Order applied for the purposes of this Part.
46. Power of Department to enter into arrangements for improvement or restoration of waterways.
47. Schemes extending outside Northern Ireland.
48. Acquisition of land and other rights by the Department.
49. Regulation of recreational and navigational use of waterways.
50. Charges for recreational and navigational use of waterways.
Supplementary provisions
51. Powers of entry and inspection.
52. Supplementary provisions as to powers of entry and inspection.
53. Prosecutions.
54. Power to give effect to Community obligations, etc.
55. Financial provision.
56. Repeal, amendment and adaptation of local enactments.

PART IV

MISCELLANEOUS AND GENERAL
57. Water management programmes.
58. Northern Ireland Water Council.
59. Power of Laganside Corporation to make byelaws.
60. Protection of watercourses - penalty in relation to nuisance.
61. Regulations and orders.
62. Transitional and saving provisions.
63. Amendments and repeals.

SCHEDULES:

  Schedule 1 -  Discharge consents.

  Schedule 2 -  Orders conferring compulsory powers for executing works.

  Schedule 3 -  Modifications of Schedule 6 to the Local Government Act (Northern Ireland) 1972 for purposes of Article 24(3) and 48(3).

  Schedule 4 -  Description of canal works, etc.

  Schedule 5 -  Provisions of the Drainage Order applied for the purposes of Part III of this Order.
 Part I -  Provisions of the Drainage Order applied by Article 45(1).
 Part II -  Provisions of the provisions applied by Part I.

  Schedule 6 -  Procedure for making orders under Article 57(1).

  Schedule 7 -  Amendments.

  Schedule 8 -  Repeals.
 Part I -  Repeals coming into operation in accordance with Article 1(3) and (4).
 Part II -  Repeals coming into operation on a day appointed by the Department of the Environment.

 
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