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DRAINAGE (NORTHERN IRELAND) ORDER 1973

DRAINAGE (NORTHERN IRELAND) ORDER 1973 - LONG TITLE

[19th January 1973]4P ART I
[{3}, with the approval of the Department of the Civil Service,]
services of staff) of one party to the arrangement or agreement
available to the other; B 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>(3) A
scheme under paragraph (1) shall specify C >>( a ) the extent of
the works to be carried out; and C >>( 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. B >(4) For the purposes of
carrying into effect in Northern Ireland any scheme under paragraph
(1), the Ministry or any agent authorised by it to act on its
behalf may carry out any such works as are referred to in Article
21(3)( a ) to ( d ), and the Ministry may, without prejudice to
any other provision of this Article, exercise any power exercisable
by it under any other provision of this Order. B>(5) Nothing in
this Article or in any scheme, arrangement or agreement made
thereunder shall C >>( a ) prejudice the application of any
provision of this Order in relation to any watercourse, or part of
a watercourse, which is in Northern Ireland; or C >>( b ) prevent
the Ministry from preparing and carrying into effect any drainage
scheme under this Order, or exercising any other function under this
Order, in relation to so much of any watercourse as is in Northern
Ireland; B and so much of any scheme under this Article as relates
to a part of any watercourse in Northern Ireland may be treated as
a separate scheme for the purposes of any provision of this Order,
and Article 42(1) shall apply to any expenses incurred by the
Ministry in respect thereof. N Noxious weeds ]
regulated by the Ministry under the provisions of this Order.

(2) Where any damage mentioned in paragraph (1) has been caused by
the negligent construction or repair of any embankment, dam or
sluice so mentioned, any person who suffers loss from that damage
may obtain reasonable compensation therefor from the Ministry, and,
in assessing compensation under this paragraph, regard shall be had
to any remedial works which the Ministry may have carried out, or
agreed to carry out, in order to make good the damage.

DRAINAGE (NORTHERN IRELAND) ORDER 1973 - SECT 39

39. An action shall not lie at law or in equity against the
Ministry or any of its officers or servants in respect of any act,
matter or thing in respect of which compensation is payable, or
protection is provided, by virtue of any provision of this Order.

DRAINAGE (NORTHERN IRELAND) ORDER 1973 - SECT 40

40.(1) Subject to paragraph (8), where the Ministry, in the exercise
of its powers under this Order, carries out any work in relation
to a watercourse, the Ministry shall provide such protection for any
fishery that may be affected by the carrying out of the work or
operations incidental thereto as may be agreed on between the
Ministry and the owner of the fishery, or in default of agreement
as may be determined by an arbitrator to be agreed on by the
parties, or, in default of such agreement, to be appointed by the
Lord Chief Justice, by all or any of the following means

(a)the construction and maintenance in the watercourse of a fish
pass for the free and uninterrupted passage of fish both up and
down the watercourse;

(b)the provision of a hatchery, pool or weir;

(c)the provision of groynes;

(d)the replacement of stones and gravel;

(e)the replanting of trees;

(f)defraying any reasonable additional expenses incurred by the owner
of the fishery by reason of the carrying out of any such work or
operations.

(2) The Ministry may pay such sum as may be agreed on to defray
the expenses which may be incurred by the owner of any fishery in
providing any protection for such fishery which the Ministry may be
required to make under paragraph (1).

(3) In lieu of proceeding under the foregoing provisions of this
Article, the Ministry and the owner of any fishery to which those
provisions are applicable may enter into and carry into effect an
agreement for the purchase or taking on lease by the Ministry of
such fishery, or any fishing rights therein, at such price or rent
as may, in default of agreement, be determined by an arbitrator to
be agreed on or appointed in like manner as for the purposes of
paragraph (1).

(4) An arbitrator agreed on or appointed under this Article may
award costs, and the expenses of the arbitration shall be defrayed
as the arbitrator may direct; and the award of the arbitrator may,
on the application of either party under and in accordance with the
provisions of section 16 of the Arbitration Act (Northern Ireland)
1937, be entered as a judgment in terms of the award.

(5) Where the Ministry, in exercise of its powers under this Order,
widens or diverts any part of a watercourse of which the bed and
soil is vested in the owner or owners of a several fishery in the
watercourse, the bed and soil of the watercourse, as so widened or
diverted, shall vest by virtue of this Order in that owner or
those owners in like manner and for the same purposes as the bed
and soil first-mentioned were vested in that owner or those owners.

(6) In assessing the amount of any compensation payable by the
Ministry under Article 17 or 18 with respect to a fishery, regard
shall be had to any protection provided for the fishery or any
sums paid by the Ministry under this Article.

(7) In this Article, "owner" includes any lessee or fishery
conservators, or any body charged by any statutory provision with
the conservation, protection or improvement of any fishery, or the
management of any property in connection with such fishery.

(8) This Article shall not apply to any work carried out by the
Ministry in pursuance of an agreement under Article 25.

DRAINAGE (NORTHERN IRELAND) ORDER 1973 - SECT 41

41. The provisions of Schedule 7 shall have effect in relation to

(a)the drainage of Upper and Lower Lough Erne and of the portion
of the River Erne which is in Northern Ireland;

(b)the dredging and maintenance of channels in those loughs and that
river, and the tributaries thereof;

(c)the use by vessels of those loughs and that river, and the
tributaries thereof; and

(d)the other matters specified in that Schedule.

DRAINAGE (NORTHERN IRELAND) ORDER 1973 - SECT 42

42.(1) Any expenses incurred by the Ministry under this Order, and
any contributions or grants paid by the Ministry under this Order,
not being expenses or sums chargeable or charged to the Erne
Development Account under paragraph 11(3) of Schedule 7, may be
defrayed out of money hereafter appropriated for the purpose of
meeting such expenditure.

(2) Any sum received by the Ministry under Article 17(3), 25, 27
or 28, or under paragraph 7 of Schedule 5 or paragraph 5, 6 or 8
of Schedule 6, shall be appropriated in aid of the expenses
incurred by the Ministry under this Order or in the payment of any
contributions or grants under this Order.

Art.43, with Schedule 8, effects amendments

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