[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/wai1972243.txt

[New search] [Help]

WATER ACT (NORTHERN IRELAND) 1972

WATER ACT (NORTHERN IRELAND) 1972 - LONG TITLE

An Act to make provision with respect to the management of water
resources; to prevent the pollution of water; to confer functions
connected with those matters on the Ministry of Development and the
Ministry of Agriculture and to make provision with respect to the
constitution of the Belfast City and District Water Commissioners.{1}
[22nd February 1972]
WHEREAS the consent of the Secretary of State and of the Crown
Estate Commissioners to the provisions of this Act has been obtained
so far as it is required by section 9(1) of the Northern Ireland
(Miscellaneous Provisions) Act 1932:

And Whereas the Clerk of the Parliaments has certified accordingly:

Duty of Ministry of Development to promote conservation and
cleanliness of water resources.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 1

1. The Ministry of Development (in this Act referred to as "the
Ministry") shall

(a)promote the conservation of the water resources of Northern
Ireland;

(b)promote the cleanliness of water in waterways and underground
strata.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 2
Matters to be taken into account in exercising certain functions.

2.(1) The Ministry shall, in exercising its functions under this
Act, have regard to the needs of industry and agriculture, the
protection of fisheries, the protection of public health, the
preservation of amenity and the conservation of flora and fauna.

(2) The Ministry of Agriculture shall, in exercising its functions
[under any statutory provision relating to drainage], have regard to
the conservation of water resources, the prevention of pollution, the
needs of the community with respect to water and the disposal of
effluent, the preservation of amenity and the conservation of flora
and fauna.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 3
Water management programmes.

3.(1) The Ministries may prepare a water management programme with
respect to the water resources of any area.

(2) A water management programme may contain

(a)an assessment of the quantity and quality of the water resources
of the area;

(b)a description of the present pattern of use of those resources;

(c)a forecast of the future demand for the use of those resources;

(d)proposals for the future use and management of those resources;

(e)provisions with respect to such matters relating to those
resources as appear to the Ministries to be appropriate.

(3) The Ministries shall, at periods which do not exceed seven
years, review any water management programme prepared under this
section.

(4) Schedule 1 shall have effect with respect to the making of
water management programmes.

(5) In this section and Schedule 1 "the Ministries" means the
Ministry and the Ministry of Agriculture.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 4
Northern Ireland Water Council.

4.(1) The Ministers shall appoint a council, to be known as the
Northern Ireland Water Council (in this section referred to as "the
Council"), to advise the Ministry and the Ministry of Agriculture on
the exercise of their functions under this Act.

(2) The Council shall consist of not more than fifteen persons,
each of whom shall

(a)hold office for a period of three years;

(b)be eligible for reappointment.

(3) The Ministers shall appoint the chairman of the Council.

(4) The Ministry may pay to members of the Council such travelling,
subsistence or other allowances as the Ministry may, with the
approval of the Ministry of Finance, determine.

[(4A) Where the place of a member becomes vacant before the
expiration of his term of office, the vacancy shall be filled by
appointment by the Ministers and any person so appointed shall

(a)hold office for the remainder of the term of the former member;

(b)be eligible for reappointment.]

(5) The Council may regulate its own proceedings.

(6) In this section "the Ministers" means the Minister of
Agriculture and the Minister of Development.

Pollution etc., of water.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 5

5.(1) Subject to this Part, a person commits an offence under this
section if, whether knowingly or otherwise

(a)he discharges or deposits any poisonous, noxious or polluting
matter so that it enters a waterway or water contained in any
underground strata; or

(b)he discharges or deposits any matter so that it enters a
waterway or water contained in any underground strata and tends
either directly or in combination with similar acts (whether his own
or another's) to impede the proper flow of the water of the
waterway or strata in a manner leading or likely to lead to
pollution or a substantial aggravation of pollution due to other
causes or of its consequences.

(2) A person does not commit an offence under subsection (1) by
discharging any matter into a sewer or sewage disposal works vested
in a local authority, so that it enters a waterway or water
contained in underground strata, if the authority are bound to
receive the matter, or they have consented to do so unconditionally,
or they have consented to do so subject to conditions and the
person observes the conditions.

(3) Where a person is charged with an offence under this section,
it shall be a defence to prove that he exercised all reasonable
care to prevent the discharge or deposit of the matter in question.

(4) On a person's conviction of an offence under this section, the
court by or before which he is convicted may on the application of
the Ministry, of which not less than ten days' notice has been
given to the person charged, make an order directing him to take
such measures as the court may consider necessary to remedy or
nullify any contravention of this section.

(5) A person who fails to comply with an order under subsection
(4) shall be guilty of an offence under this section which, for
the purposes of subsection (7), shall be taken to be an offence
which is substantially a repetition or continuation of an offence
under this section.

(6) In subsection (1) any reference to matter entering a waterway
or water contained in any underground strata includes a reference to
its entering the waterway or water by being carried into it.

(7) A person guilty of an offence under this section shall be
liable

(a)on conviction on indictment, to a fine;

(b)on summary conviction, to a fine not exceeding #400;

(i)on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine, or to both;

(ii)on summary conviction, to the greater of a fine not exceeding
#400 or a fine not exceeding #40 for each day on which the
offence was so repeated or continued.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 6
Prevention and making good of defaults under s.5(1).

6.(1) Where it appears to the Ministry that a contravention of
section 5(1) (whether a new contravention or a repetition or
continuation of one already occurred or occurring) is likely to
occur

(a)by reason of any use or proposed use of a waterway or of any
land for the disposal of any matter;

(b)by reason of any use or proposed use of any land for the
storage of any matter;

(c)by reason of any use or proposed use of a vessel or vehicle
from which poisonous, noxious or polluting matter may enter a
waterway or water contained in any underground strata;

(2) Where a person is served with a notice under subsection (1),
any contravention by him of section 5 shown to have been, or to
have been wholly or partly due to, a contravention of a valid
notice shall, for the purposes of section 5(7), be treated as a
repetition or continuation of an offence of which he has been
convicted under section 5.

(3) A notice under subsection (1) may include provisions requiring
the removal from the waterway, land, vessel or vehicle of any
matter which, before the service of the notice, has been dealt with
in the way complained of by the notice.

(4) Where a notice served under subsection (1) is not complied
with, the Ministry may undertake the removal of any matter referred
to in subsection (3) and dispose of it in such manner as it
considers appropriate.

(5) The Ministry shall, at the request of any person appearing to
it to be interested in any land, and at his expense, furnish him
or such other person as may be specified in the request with such
particulars as may be so specified of any notices served under
subsection (1), being notices about any use or proposed use of that
land or otherwise material to its use.

(6) Any expenses reasonably incurred by the Ministry in removing any
matter under this section, or in disposing of any matter so
removed, shall be defrayed out of any money obtained by the
Ministry from disposing of it and, in so far as they are not so
defrayed, shall be recoverable as a contract debt due to it from
the person in default under the notice.

(7) A person on whom a notice under subsection (1) is served may,
within four weeks from the date of the service of the notice,
appeal to the [Water Appeals Commission for Northern Ireland (in
this Act referred to as the "Appeals Commission")].

WATER ACT (NORTHERN IRELAND) 1972 - SECT 7
Discharge of effluent into waterway.

7.(1) No person shall, without the consent of the Ministry, after
such day as the Minister may by order appoint for the purposes of
this section, make any discharge into a waterway

(a)of any trade or sewage effluent;

(b)of any poisonous, noxious or polluting matter not falling within
paragraph (a).

(2) On an application for consent under this section the Ministry
may grant its consent subject to such conditions as it may think
proper to impose, and conditions under this subsection may have
effect for a specified period or for a period beginning or ending
with a specified date.

(3) Any conditions imposed under subsection (2) shall bind any
person discharging effluent or matter from land or premises to which
the consent relates.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 8
Discharge of effluent into underground stratum.

8.(1) No person shall, without the consent of the Ministry, by any
means whatsoever, after such day as the Minister may by order
appoint for the purposes of this section, make any discharge into
any underground stratum

(a)of any trade or sewage effluent;

(b)of any poisonous, noxious or polluting matter not falling within
paragraph (a).

(2) On an application for consent under this section the Ministry
may grant its consent subject to such conditions as it may think
proper to impose, and conditions under this subsection may have
effect for a specified period or for a period beginning or ending
with a specified date.

(3) Any conditions imposed under subsection (2) shall bind any
person using any land or premises to which the consent relates.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 9
Supplementary provisions as to consents under s.7 or 8

9.(1) An application to the Ministry for its consent under section
7 or 8 shall contain particulars with respect to such matters as
the Ministry may determine in relation to any application or class
of applications.

(2) Where any person discharges any effluent or matter in
contravention of section 7 or 8 the Ministry may give to him a
notice imposing any such condition as it might have imposed on an
application for its consent under that section [and that person may,
within twenty-eight days from the date of the service of the
notice, appeal to the Appeals Commission.]

(3) The Ministry may, before granting its consent under section 7
or 8, require the applicant for that consent to publish, in such
newspapers as the Ministry may specify, such notices in respect of
the application as the Ministry may determine.

[(4) Where an application is made to the Ministry for its consent
under section 7 or 8, the Ministry shall give notice of its
decision on that application to

(a)the person making the application;

(b)the Foyle Fisheries Commission, where the discharge is to be, or
is being, made in the Londonderry Area;

(c)the Fisheries Conservancy Board for Northern Ireland, where the
discharge is to be, or is being, made outside that Area;

(5) Where, after the appointed day under section 7 or 8, an
application is made to the Ministry for its consent under that
section, then unless, within a period of three months from the date
on which it receives the application or within such extended period
as may be agreed in writing between the person making the
application and the Ministry, the Ministry gives notice to that
person of its ... decision on the application, the Ministry shall,
at the expiration of that period, be deemed to have granted its
consent, without conditions, to the discharge.

(6) In determining whether to give its consent under section 7 or
8 to the discharge of effluent or matter which, in the opinion of
the Ministry, is similar to an existing discharge, the Ministry
shall have regard to

(a)the length of time during which the effluent or matter has been
discharged;

(b)whether all reasonably practicable steps are being taken to
prevent the effluent or matter causing pollution;

(c)whether it is reasonably practicable to dispose of the effluent
or matter in any other manner;

(d)whether the discharge constitutes a significant threat to public
health, fisheries or any persons using water.

(7) For the purposes of this section the discharge of effluent or
matter shall be taken to be similar to an existing discharge if in
the opinion of the Ministry the discharge is similar in nature,
composition and temperature to, and is of a similar volume and made
at a similar rate to, a discharge of effluent or matter during any
corresponding period within the period of twelve months immediately
before the appointed day under section 7 or 8, as the case may
require.

(8) A consent given under section 7 or 8 shall cease to have
effect at the end of a period of three years

(a)from the date on which it is given, if no discharge is made
under it;

(b)from the date on which the last discharge is made under it, in
any other case.

(9) The Ministry shall maintain a register of consents and
conditions which are for the time being in force under section 7
or 8; and the register

(a)shall be open to inspection by any person at all reasonable
hours;

(b)shall, in favour of a person charged with an offence, be
conclusive evidence as to the terms of any such consent or
condition as it has effect for the time being.

(10) A person who contravenes section 7 or 8 or any conditions
imposed under those sections or this section shall, subject to
subsection (11), be guilty of an offence and liable

(a)on conviction on indictment, to a fine;

(b)on summary conviction, to a fine not exceeding #400;

(i)on conviction on indictment, to a fine or to imprisonment for a
term not exceeding two years, or to both;

(ii)on summary conviction, to the greater of a fine not exceeding
#400 or a fine not exceeding #40 for each day on which the
offence was so repeated or continued.

(11) A person does not, until the Ministry refuses an application
for its consent under section 7 or 8, or grants any such consent
unconditionally or subject to conditions, commit an offence by
contravening section 7 or 8, as the case may be, or any conditions
imposed under those sections by discharging any effluent or matter
if

(a)he has made an application to the Ministry before the day
appointed under section 7 or 8, as the case may be, for its
consent to the discharge; and

(b)the discharge corresponds to the description of the discharge
specified in the application.

(12) In this section any reference to a condition includes a
condition varied, imposed or substituted under section 10.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 10
Review of consents and conditions under s.7 or 8.

10.(1) The Ministry may review any consent given under section 7 or
8 at intervals of not less than three years from the giving of
the consent or the last review of the consent or at any time on
the application of the person making the discharge in question.

(2) The Ministry may, on a review under subsection (1), vary the
consent or any conditions to which it is subject.

[(3) Where the Ministry varies under subsection (2) a consent or
any conditions to which it is subject, the Ministry shall give
notice of that variation to

(a)the person by whom the discharge permitted by the consent is
made;

(b)the Foyle Fisheries Commission where the discharge is made in the
Londonderry Area;

(c)the Fisheries Conservancy Board for Northern Ireland where the
discharge is made outside that Area;

(4) In this section any reference to varying a condition includes a
reference to imposing new conditions and to the substitution of
conditions.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 11
Protection for persons complying with conditions.

11.(1) The discharge of any effluent or matter in accordance with
any consent under section 7 or 8 shall not constitute an offence
under or a contravention of

Para.(a) rep. by 1977 NI 7 art.30(2) sch.3

(b)section 77 of the Public Health (Ireland) Act 1878;

(c)any regulations under section 13 of the Foyle Fisheries Act
(Northern Ireland) 1952;

(d)section 47 of the Fisheries Act (Northern Ireland) 1966 or any
byelaws under section 26 of that Act; or

(e)section 5.

(2) In subsection (1) the reference to a consent includes a consent
varied or substituted under section 10 but does not include a
consent deemed to have been granted by virtue of section 9(5).

WATER ACT (NORTHERN IRELAND) 1972 - SECT 12
Regulations as to prevention of waterway pollution.

12.(1) The Ministry may by regulations made subject to negative
resolution make such provision as appears to it expedient

(a)for prohibiting or restricting the washing or cleansing in
waterways of things of any class or description, or the putting
into waterways of litter or other objectionable matter, whether
poisonous, noxious or polluting or not;

(b)for prohibiting or restricting the keeping or use on waterways of
vessels provided with sanitary appliances from which polluting matter
passes or can pass into the waterway.

(2) Regulations made under subsection (1) may include provisions
making persons guilty of an offence where there is a contravention
of the regulations and for the imposition of penalties on summary
conviction of an offence.

(3) Schedule 2 shall have effect with respect to the making of
regulations under subsection (1).

WATER ACT (NORTHERN IRELAND) 1972 - SECT 13
Emergencies.

13.(1) Where the Ministry is satisfied that it is necessary in the
public interest to do so, it may give to any person a notice
prohibiting him from depositing or discharging any matter of a class
or description specified in the notice on to any land or into any
waterway or underground stratum so specified.

(2) A notice under subsection (1)

(a)shall have effect notwithstanding that the Ministry has given its
consent to the discharge under section 7 or 8 or imposed any
condition under section 9 or 10 to the discharge;

(b)shall, subject to subsection (3), continue in force until revoked
by the Ministry or the Ministry gives its consent under section 7
or 8 to the discharge in pursuance of an application in that
behalf made by the person to whom the notice is given.

(3) A person to whom a notice under subsection (1) is given may,
within four weeks from the date of the service of the notice,
appeal to the [Appeals Commission].

(4) Where

(a)... a notice given under subsection (1) [is varied or quashed on
appeal]; and

(b)the person to whom the notice was given has complied with the
notice, [the Ministry shall pay to that person an amount] equal to
the loss suffered, or expenditure incurred, by that person in
complying with the notice.

[(4A) Any dispute under subsection (4) as to the loss suffered or
expenditure incurred shall be determined by the Lands Tribunal.]

(5) Subsection (10) of section 9 shall have effect for the purposes
of this section as it has effect for the purposes of that section.

[(6) Where it appears to the Department that any poisonous, noxious
or polluting matter or any solid waste matter, other than matter
discharged in accordance with any consent under section 7 or 8, is
likely to enter, or is or was present in, any waterway or water
contained in underground strata (relevant waters), the Department may
carry out such operations as it considers appropriate

(a)in a case where the matter appears likely to enter the relevant
waters, for the purpose of preventing it from doing so; and

(b)in a case where the matter appears to be or to have been
present in the relevant waters, for the purpose of removing or
disposing of the matter or of remedying or mitigating any pollution
caused by its presence in the waters or of restoring the waters
(including the fauna and flora in them), so far as it is
reasonably practicable to do so, to the state in which they were
immediately before the matter became present in the waters.]

Subs.(7) rep. by 1978 NI 19 art.87(2) sch.7

(8) Any expenses reasonably incurred by the Ministry in pursuance of
subsection (6) shall be defrayed out of any money obtained by the
Ministry from disposing of any matter under subsection (6)(a) and,
in so far as they are not so defrayed, shall be recoverable as a
contract debt due to it from the person in default.

Regulations controlling abstractions of water.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 14

14.(1) The Ministry may by regulations make such provision as
appears to it to be expedient for the purpose of controlling,
restricting or prohibiting abstractions of water from underground
strata or waterways other than the sea.

(2) Regulations under subsection (1) may include provisions making
persons guilty of an offence where there is a contravention of the
regulations and for the imposition of fines on summary conviction of
an offence.

(3) Regulations under subsection (1) shall be subject to affirmative
resolution.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 15
Orders as to charges for abstractions of water or discharges.

15.(1) The Ministry may, with the approval of the Ministry of
Finance, for the purpose of defraying any expenses incurred by it
under this Act in the execution of works for the purpose of
ensuring the better use of water by order make such provision as
appears to it to be expedient with respect to the levying of
charges on

(a)persons who abstract water from waterways or underground strata;

(b)persons who discharge any matter into waterways or underground
strata;

(2) Schedule 2 shall have effect with respect to the making of an
order under subsection (1).

(3) An order under subsection (1) shall be subject to affirmative
resolution.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 16
Recreational use of waterways.

16.(1) The Ministry of Agriculture may ..., execute such minor works
as it considers appropriate for the purpose of promoting the
recreational use of any waterway.

(2) The Ministry of Agriculture may, for any purpose in connection
with the performance of its functions under subsection (1)

(a)by agreement acquire or take on lease any land;

(b)dispose of any land so acquired or taken on lease;

(3) The Ministry of Agriculture may by order made subject to
affirmative resolution regulate the way in which any waterway
specified in the order may be used for any recreational purpose.

(4) An order under subsection (3) may include provisions

(a)requiring persons using a waterway for any recreational purpose to
comply with conditions specified under the order;

(b)making persons guilty of an offence where there is a
contravention of the order and for the imposition of fines on
summary conviction of an offence.

(5) Schedule 2 shall have effect with respect to the making of an
order under subsection (3).

(6) In this section

"minor works" means, without prejudice to the generality of that
term, the regrading of river banks, the planting of trees and
shrubs, the provision of footpaths, signposts or seats, the
construction of jetties and the execution of works intended to
promote safety in relation to waterways;

"waterway" does not include a reservoir or the sea.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 17
1933 c.6

17.(1) The Ministry may, for any purpose in connection with the
performance of any of its functions under this Act

(a)by agreement acquire or take on lease any land or acquire land
compulsorily;

(b)dispose of any land so acquired or taken on lease.

(2) Where the Ministry desires to acquire, otherwise than by
agreement, any land for a purpose referred to in subsection (1),
the Ministry may make an order (in this section referred to as a
"vesting order") vesting that land in the Ministry; and section
34(7) of, and Schedule 5 to, the Roads Act (Northern Ireland) 1948
shall, subject to the modifications specified in Schedule 3, apply
for the purposes of the acquisition of land by means of a vesting
order made under this subsection in the like manner as they apply
to the acquisition of land by means of a vesting order made under
that Act.

(3) Section 5 of the Stormont Regulation and Government Property Act
(Northern Ireland) 1933 shall not affect the disposal of any land
acquired or taken on lease under this section.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 18
Power of Ministry to carry out engineering or building operations.

18. The Ministry may

(a)carry out such engineering or building operations as it considers
necessary or expedient for the purposes of any of its functions
under this Act;

(b)vary the flow of water in a waterway for those purposes; and

(c)discharge water into any waterway or underground strata or on to
land for those purposes.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 19
Compulsory powers for carrying out certain operations.

19.(1) The Ministry may, for the purpose of performing any functions
under section 18, exercise such compulsory powers relating to the
performance of those functions as may be specified in an order made
by the Ministry under this section.

(2) Schedule 4 shall have effect with respect to orders under this
section.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 20
Collection of data and information by Ministry.

20.(1) The Ministry may

(a)collect, or cause to be collected, such data and information;

(b)carry out, or cause to be carried out, such research;

(2) The Ministry may publish, or permit the publication of, any
data or information collected, or the results of any research
carried out, by or on behalf of the Ministry under subsection (1).

(3) The Ministry shall provide reasonable facilities for the
inspection of records of data and information collected by it, or
on its behalf, in pursuance of subsection (1)(a), and for the
taking of copies of, and extracts from, those records.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 21
Power to obtain information.

21.(1) The Ministry may give directions requiring any person who is
abstracting water from any waterway or underground stratum or is
discharging effluent into any waterway or underground stratum to give
such information to it as to the abstraction or discharge, at such
times and in such form, as may be specified in the directions.

(2) A person to whom a direction under subsection (1) is given
may, within four weeks from the date the direction is given to
him, appeal to the [Appeals Commission].

(3) Any person who fails to comply with any directions given under
subsection (1) shall be guilty of an offence and liable on summary
conviction to a fine not exceeding #20.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 22
Penalties for false information.

22. Any person who

(a)in giving any information which he is required to give under
this Act, knowingly or recklessly makes a statement which is false
in a material particular;

(b)for the purpose of obtaining any consent of the Ministry under
this Act, knowingly or recklessly makes a statement which is false
in a material particular;

(i)on conviction on indictment, to imprisonment for a term not
exceeding two years, or to a fine, or to both;

(ii)on summary conviction, to imprisonment for a term not exceeding
three months, or to a fine not exceeding #100, or to both.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 23
Rights of entry and inspection.

23.(1) Any person duly authorised by the Ministry may at any
reasonable time

(a)enter upon any land for the purpose of performing, whether in
relation to that land or not, any functions conferred on the
Ministry under this Act;

(b)for the purpose of determining whether, and if so in what
manner, any such functions are to be performed in relation to any
land, or whether any provision of this Act has been complied with,
enter upon any land and inspect or survey the land and inspect any
article thereon.

(2) If it is shown to the satisfaction of a justice of the peace
on sworn information in writing

(a)that admission to any land which any person is entitled to enter
under this section has been refused to that person, or that refusal
is apprehended, or that the land is unoccupied or that the occupier
is temporarily absent, or that the case is one of urgency, or that
an application for admission would defeat the object of the entry;
and

(b)that there is reasonable ground for entry upon the land for the
purpose for which entry is required;

(3) A warrant granted under subsection (2) shall continue in force
until the purpose for which entry is required has been satisfied.

(4) The power conferred by subsection (1) to survey land includes
power to sink boreholes.

(5) Subsections (1) to (3) shall apply in relation to vessels and
vehicles as they apply in relation to land.

(6) The power conferred by subsection (1)(b) shall be exercisable
for the purpose of inspecting any documents or statutory provision
in the possession of any body relating to the functions of the
body, and the person carrying out any such inspection may take
copies of, or extracts from, any such documents or provision.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 24
Supplementary provisions as to rights of entry and inspection.

24.(1) A person authorised under section 23 to enter upon any land,
vessel or vehicle shall, if so required, produce evidence of his
authority before so entering.

(2) A person so authorised may take with him onto the land, vessel
or vehicle in question such other persons, and such equipment, as
may be necessary.

(3) Admission to any land used for residential purposes, and
admission with heavy equipment to any other land, shall not except
in an emergency be demanded under section 23(1) unless seven days'
notice in writing of the intended entry has been given to the
occupier.

(4) Any person who, in the exercise of his powers under section
23, enters any premises which are unoccupied or premises of which
the occupier is temporarily absent, shall leave the premises as
effectually secured against trespassers as he found them.

(5) Any person who wilfully obstructs a person acting in the
exercise of his powers under section 23 shall be guilty of an
offence and liable on summary conviction to a fine not exceeding
#100.

(6) Where in the exercise of any power conferred by section 23 any
damage is caused to land or to chattels, any person interested in
the land or chattels shall be entitled to compensation in respect
of the damage from the Ministry; and where in consequence of the
exercise of any such power any person is disturbed in his enjoyment
of any land or chattels, he shall be entitled to compensation in
respect of the disturbance from the Ministry.

(7) Any dispute as to the amount of any compensation under
subsection (6) shall be determined by the Lands Tribunal.

(8) If any person who, under section 23, is admitted into a
factory, workshop or workplace discloses to any person any
information obtained by him therein with regard to any manufacturing
process or trade secret he shall, unless the disclosure is made in
the performance of his duty, be liable on summary conviction to a
fine not exceeding #100, or to imprisonment for a term not
exceeding three months, or both.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 25
Right to take samples.

25.(1) Any person duly authorised by the Ministry shall have the
right to obtain and take away

(a)samples of water from a waterway or underground strata;

(b)samples of water or of any effluent or matter which is passing,
or is likely to pass, from any land, vessel or vehicle into a
waterway or underground stratum.

(2) In any legal proceedings it shall be presumed, until the
contrary is shown, that any sample of effluent taken at an
inspection chamber or manhole or other place provided in compliance
with a condition imposed under this Act in relation to any waterway
or underground stratum is a sample of what was passing from the
land or premises to that waterway or stratum.

(3) The Ministry may, after consulting the occupier of any land or
premises from which effluent is discharged, fix the points at which
samples are to be taken of effluent passing into a waterway or any
underground strata, and in any legal proceedings it shall be
presumed, until the contrary is shown, that any sample of effluent
taken at a point fixed under this section is a sample of what was
passing from the land or premises to that waterway or those strata.

(4) The Ministry shall maintain a register containing particulars of
sampling points fixed under this section, and the register shall be
open to inspection by any person at all reasonable hours.

(5) Subject to subsection (6), the result of any analysis of a
sample taken under this section shall not be admissible as evidence
in any legal proceedings in respect of any effluent passing from
any land, vessel or vehicle unless the person taking the sample

(a)takes all reasonable steps to notify to the occupier of the land
or the owner or master of the vessel or owner of the vehicle his
intention to have it analysed; and

(b)there and then divides the sample into three parts and causes
each part to be placed in a container which is sealed and marked;
and

(c)takes all reasonable steps to deliver one part to the occupier
of the land or the owner or master of the vessel or owner of the
vehicle, retains one part for future comparison, and has one part
analysed by a competent person.

(6) In relation to any legal proceedings in respect of any effluent
passing from a local authority sewer into any waterway, subsection
(5) shall have effect as if any reference to the occupier of the
land were a reference to the authority by whom the sewer is
maintained.

(7) Any person who wilfully obstructs a person in the exercise of
a right conferred by this section shall be guilty of an offence
and liable on summary conviction to a fine not exceeding #100.

(8) In this section any reference to an analysis shall be construed
as including a reference to a test of whatever kind.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 26
Prosecutions.

26. No proceedings shall be instituted for an offence under

(a)this Act (other than section 16(3)) except by the Ministry or by
or with the consent of the Attorney-General; or

(b)section 16(3), except by the Ministry of Agriculture or by or
with consent of the Attorney-General.

S.27 rep. by SLR 1976

WATER ACT (NORTHERN IRELAND) 1972 - SECT 28
Repeal, amendment and adaptation of local enactments.

28.(1) If it appears to the Ministry that any local or private Act
passed before the passing of this Act is inconsistent with any of
the provisions of this Act or of any regulations or order made
under this Act, or with anything done in the performance of any
functions under this Act, or requires to be amended or adapted,
having regard to any of those provisions or to anything done in
the performance of any of those functions, it may by order made
subject to affirmative resolution repeal, amend or adapt that Act to
such extent, or in such manner, as it considers appropriate.

(2) In this section "Act" includes an Act of the Parliament of the
United Kingdom.

S.29 rep. by SLR 1976

WATER ACT (NORTHERN IRELAND) 1972 - SECT 30
Interpretation.

30.(1) In this Act

"abstraction" means the doing of anything whereby water is removed
from a waterway or underground stratum;

["Appeals Commission" has the meaning assigned to it by section
6(7);]

"deposit" includes store;

"engineering or building operations" (without prejudice to the
generality of that expression) includes the construction, alteration,
improvement or maintenance of any reservoir, waterway, dam, weir,
well, borehole or other works, the closure or removal of any
reservoir, waterway, dam, well, borehole or other works, the
construction, alteration, improvement, maintenance or demolition of any
building or structure, and the installation, modification or removal
of any machinery or apparatus;

"Londonderry Area" has the same meaning as in the Foyle Fisheries
Act (Northern Ireland) 1952;

"Ministry" means the Ministry of Development;

"owner" means a person who is for the time being receiving a rent
of not less than two-thirds of the net annual value of any land
whether on his own account or as agent or trustee for any person
or who, if the land were let at such a rent, would receive it;

"sewage" includes domestic sewage and domestic sewage and storm
water, if combined;

"sewage effluent" means the effluent from any works, apparatus
(including a septic tank) or plant used for the treatment or
disposal of sewage;

"tidal waters" includes the sea and the waters of any enclosed dock
which adjoins tidal waters;

"trade" includes agriculture, horticulture, scientific research or
experiment and the carrying on of a hospital or nursing home;

"trade effluent" means any liquid, either with or without particles
of matter in suspension therein, which is discharged from premises
used for carrying on any trade or industry, other than storm water
or domestic sewage;

"underground strata" means strata subjacent to the surface of any
land, and any reference to water contained in any underground strata
is a reference to water so contained otherwise than in a sewer,
pipe, reservoir, tank or undergound works contained in any such
strata;

"waterway" includes any river, stream, watercourse, inland water
(whether natural or artificial) or tidal waters but does not include
any sewer vested in a local authority.

(2) In this Act any reference to a waterway includes a reference
to the channel or bed of a waterway which is for the time being
dry.

(3) For the purposes of this Act water for the time being
contained in

(a)a well, borehole or similar work, including any adit or passage
constructed in connection with it for facilitating the collection of
water in the well, borehole or work; or

(b)any excavation into underground strata, where the level of water
in the excavation depends wholly or mainly on water entering it
from those strata;

S.31(1) amends sch.1 to 1960 c.34; subs.(2) repeals 1876 c.75 (exc.
s.7); s.78 of 1878 c.52; 1893 c.31

WATER ACT (NORTHERN IRELAND) 1972 - SECT 32
Savings.

32.(1) The administrative powers conferred by this Act on the
Ministry and the Ministry of Agriculture shall not be taken to
authorise any matter or thing to be done without the consent of
the Secretary of State or 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.

(2) Nothing in this Act shall be taken as applying to the ordinary
use for the purpose of sanitation on vessels in tidal waters of
sanitary appliances from which polluting matter passes or can pass
into such waters, unless regulations made under section 12(1)(b) are
in force in relation to those waters.

(3) Nothing in section 5 shall affect the operation of section
448(2) of the Merchant Shipping Act 1894.

WATER ACT (NORTHERN IRELAND) 1972 - SECT 33
Short title.

33. This Act may be cited as the Water Act (Northern Ireland)
1972.

1. The Ministeries shall not make a water management programme until
they have published, in the Belfast Gazette and at least once in
each of two successive weeks, in one or more newspapers circulating
in the area to which the programme relates, a notice

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

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

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

(d)stating that any person may, within that period, by notice in
writing to either Ministry object to any part of the programme.

2. The Ministries shall lay a copy of a draft water management
programme before Parliament.

3. A Ministry shall, if so requested by any person, furnish him
with a copy of the draft programme on payment of such reasonable
charge as the Ministries may determine.

4. The Ministries may make the programme in the terms of the draft
or in those terms altered in such manner as they think fit, but
where the Ministeries propose to alter significantly any such draft
of a programme they shall cause to be published such additional
notices as appear to them to be necessary.

5. If, before the end of the period of twenty-eight days referred
to in paragraph 1, notice in writing of an objection is received
by either Ministry from any person appearing to it to be a person
who may be affected by the programme as prepared in draft or as
proposed to be altered by them, the Ministries, before making the
programme shall, unless the objections are met or withdrawn or the
Ministries are satisfied that they are solely of a frivolous or
vexatious nature, [cause an inquiry to be held by the Appeals
Commission].

[5A. An objection shall not be made to the Appeals Commission in
respect of any watercourse in relation to which the Lands Tribunal
has, on a review of a determination by the Drainage Council for
Northern Ireland, or of a refusal by that Council to make a
determination decided that the watercourse should or should not be a
designated watercourse.]

6. If the Ministeries make a programme they shall make such
arrangements as appear to them to be appropriate for the publication
of the programme and of notices stating that it has been made.

7. The Ministries shall lay a copy of a water management programme
before Parliament.

[8. Where the Ministries cause an inquiry to be held by the
Appeals Commission under this Schedule, the power under Article 8(4)
of the Water and Sewerage Services (Northern Ireland) Order 1973, to
substitute a new decision or vary the decision of the Appeals
Commission may be exercised by the Ministries.

9. In this Schedule "watercourse" means any channel or passage of
whatever kind, whether natural or artificial, through which water
flows and without prejudice to the generality of the foregoing,
includes any river, stream, canal, ditch, drain, cut, culvert, dyke,
sluice, valve, sewer, overland carrier, millrace or layde, but does
not include any drain or sewer within the meaning of the Water and
Sewerage Services (Northern Ireland) Order 1973, or any water main
or service pipe under the control of the Ministry of Development.]

1. Before making a subordinate instrument to which this Schedule
applies the Ministry shall prepare a draft of the instrument 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 instrument;

(b)specifying a place where a copy of the draft instrument 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 instrument.

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

3. The Ministry may make the instrument in the terms of the draft
or in those terms altered in such manner as it thinks 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 referred
to in paragraph 1, 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 instrument as prepared in
draft or as proposed to be altered, the Ministry, before making the
instrument shall, unless the objections are met or withdrawn or it
is satisfied that they are solely of a frivolous or vexatious
nature, [cause an inquiry to be held by the Appeals Commission].

5. The subordinate instruments to which this Schedule applies are
regulations under section 12 and orders under section 15 or 16.

6. In this Schedule "the Ministry" means

(a)the Ministry in relation to regulations under section 12 or
orders under section 15;

(b)the Ministry of Agriculture in relation to orders under section
16.

[7. Where the Ministry causes an inquiry to be held by the Appeals
Commission under this Schedule, in relation to objections to orders
made under section 16, the power under Article 8(4) of the Water
and Sewerage Services (Northern Ireland) Order 1973 to substitute a
new decision or vary the decision of the Appeals Commission may be
exercised by the Ministry of Agriculture.]

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

2. References to Schedule 5 to the Roads Act (Northern Ireland)
1948 shall be construed as references to that Schedule as modified
by this Schedule.

3. "Land" and "estate" shall have the meanings respectively assigned
to them by section 45(1)(a) and (2) of the Interpretation Act
(Northern Ireland) 1954.

4. Omit paragraph 1 of that Schedule.

5. For paragraph 2 of that Schedule substitute the following:

"2.(1) The Ministry, where it proposes to acquire land compulsorily
for the purpose of any of its functions under the Water Act
(Northern Ireland) 1972, shall give public notice of its intention
to do so.

(2) Any such notice

(a)shall state clearly the nature of the proposal and shall specify
the land to which the proposal relates;

(b)shall state the time (not being less than twenty-one days from
the last publication of the notice) within which objections to the
proposal may be presented to the Ministry; and

(c)shall be published in two successive weeks in one or more
newspapers circulating in the area in which the land is situated;

6. In paragraph 3 of that Schedule

(a)in sub-paragraph (1), omit the words, "where the authority is a
local authority", and for the words "(if it appears to the Ministry
necessary so to do)", substitute the words "(unless no objections
have been received, or any objections received have been met or
withdrawn or relate solely to the amount of compensation, or are
objections which the Ministry is satisfied are solely of a frivolous
or vexatious nature)"; and

(b)in sub-paragraph (2), omit the words from "and, in particular"
onwards.

7. In paragraph 4 of that Schedule

(a)in sub-paragraph (b), the two references to the said Act of 1948
shall be construed as references to this Act;

(b)for sub-paragraph, (d), substitute the following:

"(d)as soon as may be after a vesting order has become operative,
the Ministry shall serve on every person appearing to it to have
an interest in the land the subject of the vesting order, either a
copy of the vesting order or a notice stating that the vesting
order has become operative and naming a place where a copy of the
vesting order and of any map referred to therein may be seen at
all reasonable hours and may be obtained free of charge upon
written request made by or on behalf of any person having an
estate in the land vested thereby.".

8. In paragraph 5 of that Schedule

(a)for the words from "A vesting order" to "under this Schedule"
substitute the following:

"A vesting order shall operate, without further assurance, to vest
in the Ministry, as from the date on which the vesting order
becomes operative (in this Schedule referred to as "the date of
vesting"), all such estates in, to or over the land to which the
order relates as are specified in the order, freed and discharged
from all the estates of any other person whosoever therein except
in so far as is otherwise expressly provided in the order, and the
rights and claims of any such other person in respect of an estate
so vested shall, as from the date of vesting be transferred and
attached, to the extent to which compensation is payable in
accordance with this Schedule, to the Consolidated Fund (in this
Schedule referred to as "the Compensation Fund"), and shall be
discharged by payments made by the Ministry,"; and

(b)in the second sub-paragraph, for the words from "be the date" to
the end, substitute the words "be either the date of vesting or
the date of the lodgment of the vesting order with the registering
authority under that Act, whichever is the later.".

9. In paragraph 10 of that Schedule, omit the words from the
beginning of head (a) to the words "is the Ministry," in head (b).

1. Before making an order under section 19 the Ministry shall
prepare a draft of the order and publish at least once in each of
two successive weeks, in one or more newspapers circulating in the
locality where the waterway, strata or land to which the order
relates are situated or the engineering or building operations are
to be carried out, a notice

(a)stating the general effect of the order as prepared in draft;

(b)specifying a place where a copy of the draft order and of any
relevant map or plan may be inspected by any person 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;

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

2. Not later than the date on which the notice is first published
in pursuance of paragraph 1, the Ministry shall serve a copy of
the notice on every person appearing to the Ministry to have an
estate in any land which may be substantially affected by the
exercise of any compulsory powers if the order were made in the
terms of the draft which may be inspected under paragraph 1(b).

3. The Ministry shall also publish in the Belfast Gazette a notice
stating that the draft order has been prepared, specifying a place
where a copy of the draft order and of any relevant map or plan
may be inspected, and giving the name of the newspaper in which
the notice under paragraph 1 was published and the date of an
issue containing the notice.

4. The Ministry shall, at the request of any person, furnish him
with a copy of the draft order on payment of such charge as the
Ministry thinks reasonable.

5. The Ministry may make the order in the terms of the draft or
in those terms as altered in such manner as it thinks fit; but
where the Ministry proposes to make any significant alteration and
considers that any persons are liable to be adversely affected by
it, the Ministry shall give and publish such additional notices as
appear to the Ministry to be necessary for informing those persons
of the effect of the alterations.

6. If before the end of the period of twenty-eight days referred
to in paragraph 1, or of twenty-five days from the publication in
the Belfast Gazette of the notice under paragraph 3, or of any
period specified in notices under paragraph 5, notice in writing of
an objection is received by the Ministry from any person on whom a
notice is served under this Schedule, or from any other person
appearing to the Ministry to be affected by the order as prepared
in draft or as proposed to be altered, and the objection is not
met or withdrawn, the Ministry, before making the order shall,
unless it is satisfied that the objections are solely of a
frivolous or vexatious nature or relate solely to the amount of
compensation, [cause an inquiry to be held by the Appeals
Commission].

7.(1) If the value of any estate in land to which this
sub-paragraph applies is depreciated by the coming into operation of
the order or anything done in pursuance of it, the person entitled
to that estate shall be entitled to compensation from the Ministry
of an amount equal to the amount of the depreciation.

(2) Sub-paragraph (1) applies to any estate in any land in respect
of which compulsory powers are exercisable by virtue of the order,
and to any estate in any land which, on the date on which the
order comes into operation, is held with any of that land.

(3) Where the person entitled to an estate in land to which
sub-paragraph (1) applies sustains loss or damage which

(a)is attributable to the coming into operation of the order or
anything done in pursuance of it; and

(b)does not consist of depreciation of the value of his estate; and

(c)is loss or damage for which, if his estate in the land in
respect of which compulsory powers are exercised by virtue of the
order had been vested under section 17 in pursuance of a vesting
order made before the date on which the order comes into operation,
he would have been entitled to compensation by way of compensation
for disturbance;

(4) A person who suffers damage (other than the depreciation of an
estate in land) which is attributable to the operation of the order
or anything done in pursuance of it shall be entitled to recover
compensation from the Ministry in respect of the damage.

(5) Sections 31 to 33(1) of the Land Development Values
(Compensation) Act (Northern Ireland) 1965 shall have effect in
relation to compensation payable by virtue of this paragraph as they
have effect in relation to Part III compensation within the meaning
of that Act or for the purposes of Part III of that Act, subject
to the modification that for any reference to a compensatable estate
there shall be substituted a reference to any estate in land.