Statutory Rules of Northern Ireland

(i) the Drainage Council;

(ii) the district council of the district or, as the case may be, each district in which the proposed works are situate; and

(iii) any other person who appears to it to have an interest in the matter including, where appropriate, another EEA State;

(b) make available for inspection at an office of the Department or at some other convenient place, for a period of at least 28 days following the date of the publication of the notice in the Belfast Gazette, the further information, the details of the proposed works and the environmental statement relating to the works in question, and ensure that a reasonable number of copies of the information are made available.

(i) the Drainage Council;

(ii) the district council of the district or, as the case may be, each district in which the proposed works to which the statement relates are situate; and

(iii) any other person who appears to it to have an interest in the matter including, where appropriate, another EEA State,

so that any such person has an opportunity to make representations on the likely environmental effects of the works to which the statement relates before the expiry of the period specified in the notice;

(b) make available at an office of the Department or some other convenient place for a period of at least 28 days following the date of publication of the notice in the Belfast Gazette, the details of the proposed works and the environmental statement relating to the works and ensure that a reasonable number of copies of the statement are made available.

(i) a copy of the notice;

(ii) a description of the proposed works together with any available information on their possible significant effects on the environment in that EEA State; and

(iii) information on the nature of the determination which may be made;

(b) publish the information referred to in sub-paragraph (a)(iii) in a notice in the Belfast Gazette with an indication of the source from which additional information is available;

(c) give the EEA State not less than 28 days beginning the day on which the Department forwards a copy of the notice and other information under sub-paragraph (a) to indicate whether it wishes to be consulted further in accordance with paragraphs (2) to (5).

(i) its determination and any conditions to which it is subject;

(ii) the main reasons and considerations upon which its determination was based; and

(iii) where necessary, a description of the main measures to avoid, reduce and, if possible, offset the adverse effects of the proposed works.

(i) announce that the further information is available in relation to the works and give details of the places where and times at which a copy may be inspected; and

(ii) state that any person who wishes to make representations on the likely environmental effects of the works to which the further information relates may make them in writing to the Commission at the address specified in the notice within 28 days of the date of the publication of the notice;

(b) on or before the date of the publication of the notice supply a copy of the further information and notice to - 

(i) the Drainage Council;

(ii) the district council of the district or, as the case may be, each district in which the proposed works are situate; and

(iii) any other persons who appears to it to have an interest in the matter, including, where appropriate, another EEA State,

so that they have an opportunity to make representations to the Commission on the likely environmental effects of the proposed works to which the further information relates before the expiry of the period specified in the notice.

(i) consent to the works unconditionally or subject to such conditions as the Commission considers appropriate, or

(ii) refuse to consent to the works; and

(d) send to the Department and any person who made representations under regulations 11, 13 or paragraph (6) a statement in writing of - 

(i) the Commission's determination under sub-paragraph (c) and any conditions attached to it;

(ii) the main reasons and considerations upon which it was based; and

(iii) where necessary, a description of the main measures to avoid, reduce and, if possible, offset the adverse effects of the proposed works.

(a) it has complied with the requirements of Articles 12A to 12E in relation to the scheme; and

(b) where a proposal for the scheme has been referred to the Commission under Article 12E(5) - 


(i) the Commission has consented to the carrying out of the scheme; and

(ii) the scheme is carried out in accordance with any conditions to which the consent is subject."

(a) consider, taking into account the selection criteria in Schedule 2B, whether the works specified in the scheme are likely to have significant effects on the environment;

(b) send a copy of the scheme, together with an estimate of the cost of the scheme, to the district council of the district or, as the case may be, each district in which the proposed works specified in the scheme are situate.

    (2) The district council to which a copy of a drainage scheme is sent by the Department pursuant to paragraph (1)(b) - 

(a) shall cause a copy to be exhibited at its principal offices or other convenient place during the period of 28 days from the date of the publication in the Belfast Gazette of the notice relating to the scheme given under paragraph (3) or Article 12B(2) and shall permit the copy to be inspected by any person;

(b) shall examine and consider the scheme; and

(c) may, at any time within the period referred to in sub-paragraph (a), send to the Department any representations with regard to the scheme which it wishes to make.

    (3) Where, pursuant to paragraph (1)(a), the Department considers that the works specified in a scheme are not likely to have significant effects on the environment, it shall, by notice in the Belfast Gazette and at least two local newspapers - 

(a) announce that it proposes to carry out the works specified in the scheme;

(b) describe briefly the nature, size and location of those works;

(c) state that it does not intend to prepare an environmental statement in respect of the works specified in the scheme; and

(d) give notice that any person may make representations to the Department in writing in relation to the likely environmental effects of the works at the address specified in the notice within 28 days of the publication of the notice in the Gazette.

    (4) Every notice published pursuant to paragraph (3) shall - 

(a) state the place or places where and the period, not being less than 28 days following the date of the publication of the notice in the Belfast Gazette, during which a copy of the scheme will be available for inspection; and

(b) contain a statement that any person who considers that his interests will be prejudicially affected by the scheme may, at any time within 28 days of the date of publication of the notice in the Belfast Gazette, send to the Department any representations with regard to the scheme which he wishes to make.

    (5) Where, pursuant to paragraph (3), the Department publishes a notice, it shall send a copy of the notice to - 

(a) the Drainage Council;

(b) the district council of the district or, as the case may be, each district in which the works to which the notice relates are situate; and

(c) any other person who appears to it to have an interest in the matter including, where appropriate, another EEA State.

(a) the Department has stated in accordance with Article 12A(3)(c) that it does not consider that the works specified in the proposed scheme are likely to have significant effects on the environment; and

(b) no representations made in accordance with Article 12A(3)(d) are received in relation to those works within the time limit therein specified,

it may, within 28 days of the expiration of the time limit referred to in Article 12A(3)(d) and, after considering any representations sent to it under Article 12A(4)(b) and after holding such enquiry, if any, as it considers necessary, by order confirm the scheme in whole or in part, either without modification or with such modifications as the Department thinks fit.

    (2) Subject to paragraph (3), where the Department has prepared an environmental statement in relation to the works specified in a drainage scheme it may, after the expiration of 28 days from the expiration of the period of notice referred to in Article 12C(8)(a), and after holding such an enquiry, if any, as it considers necessary, by order confirm the scheme in whole or in part, either without modifications or with such modifications as the Department thinks fit.

    (3) Where the Department has prepared an environmental statement in relation to the works specified in the drainage scheme it shall not, under paragraph (2) confirm the scheme unless it has first taken into consideration - 

(a) the statement;

(b) any information relevant to it and obtained pursuant to Article 12C(6) or (12);

(c) the works specified in the drainage scheme;

(d) any representations sent to it under Article 12A(3)(d);

(e) any representations made in accordance with Article 12C(8)(a) within the time limit specified that sub-paragraph;

(f) any representations made by another EEA State during consultations under Article 12D in relation to the likely environment effects of those works and which are received within the time limits therein specified;

(g) the environmental factors specified in Schedule 2C; and

(h) the determination made by the Department under Article 12E(2) or, as the case may be, any consent given by the Commission under Article 12E(8)(b).

    (4) Where having taken into consideration the matters specified in paragraph (3)(a) to (h), the Department decides to confirm a scheme in accordance with paragraph (2) it shall - 

(a) inform in writing any person or EEA State which made representations in accordance with Article 12A (3)(d), Article 12C(8)(a) or Article 12D of its decision and any reasons and considerations upon which it was based and that in making it the Department has taken into consideration the matters specified in paragraph (3)(a) to (h); and

(b) by notice published in the Belfast Gazette and at least two local newspapers announce its decision and the considerations on which it was based and state that in making it the Department has taken into consideration the matters specified in paragraph (3)(a) to (h).

    (5) In this Article, modification includes a variation, addition or exception.".

(a) such person as the Department considers likely to be materially affected; and

(b) any person or EEA State which made representations under Article 12A(3)(d) or Article 12C(8)(a)(ii) or Article 12D,

direct that such variations be made in the scheme as appear to be necessary.

    (2) The Department shall not direct that any variation be made in a drainage scheme unless it has first taken into consideration - 

(a) the environmental statement (if any) relating to the works specified in the scheme;

(b) any information relevant to the statement and obtained pursuant to Article 12C(6) or (12);

(c) the works specified in the scheme as the Department proposes to vary it;

(d) any representations made in accordance with Article 12A(3)(d) or Article 12C(8)(a)(ii) which are sent to Department within the time limits therein respectively specified;

(e) any representations made by another EEA State in accordance with Article 12D in relation to the likely environmental effects of those works and which are received within the time limits specified by paragraph (3)(b) of that Article;

(f) the environmental factors specified in Schedule 2C; and

(g) any determination made by the Department under Article 12E(3), and any consent or refusal of consent given by the Commission under Article 12E(8)(b), and any conditions attached to such consent.

    (3) Where, pursuant to paragraph (1), the Department gives notice of the variation of a drainage scheme which has been made subject to an environmental statement such notice shall be given in writing and shall indicate the reasons and considerations upon which the variation was based and that the Department has taken into consideration the matters specified in paragraph (2)(a) to (g).

    (4) Where a direction given under this Article varies a drainage scheme, that scheme shall have effect, and be deemed always to have had effect, subject to that direction, and, accordingly, references in this Order to a drainage scheme shall, in relation to that scheme, be construed and have effect as referring to that scheme as varied by that direction.

    (5) A direction given under this Article shall not have effect so as to authorise the Department to purchase land compulsorily for the purposes of the drainage scheme otherwise than in accordance with, and subject to, the provisions of Article 10(3) and (4) and Schedule 3.".

(a) a description of the physical characteristics of the drainage works and the land use requirements during the construction and operational phases;

(b) a description of the main characteristics of the production processes, for instance, the nature and quantity of the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation etc.) resulting from the operation of the proposed drainage works.

     2. An outline of the main alternatives studied by the Department and an indication of the main reasons for its choice, taking into account the environmental effects.

     3. A description of the aspects of the environment likely to be significantly affected by the proposed drainage works, including in particular, population, fauna, flora, soil, water, air, climatic factors, material assets including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

     4. A description of the likely significant effects of the proposed drainage works on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the drainage works, resulting from - 

(a) the existence of the drainage works;

(b) the use of natural resources;

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the Department's description of the forecasting methods used to assess the effects on the environment.

     5. A description of the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects on the environment.

     6. A non-technical summary of the information provided under paragraphs 1 to 5 above.

     7. An indication of any difficulties (technical difficulties or lack of know-how) encountered by the Department in compiling the required information.

(a) human beings, fauna and flora;

(b) soil, water, air, climate and the landscape;

(c) material assets and the cultural heritage; and

(d) the interaction between the factors mentioned in heads (a) to (c).".

(a) references therein to the Department of Agriculture and Rural Development shall be construed as references to the Department of Culture, Arts and Leisure;

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

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

(d) references therein to - 


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

(ii) drainage works;

(iii) drainage purposes or purposes connected with drainage;

(iv) the Drainage Council;



shall respectively be construed as references to - 



(A) a canal scheme;

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

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

(D) the Water Council;



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

(f) in Article 17 - 



(i) for paragraph (4) substitute - 

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


(a) shall be made in writing to the Department within 3 years from the date of completion of the works from which, or from the operation of which, the claim arises, and such details of the claim as the Department may require shall be furnished in writing to the Department within such period as the Department may determine, and

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


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



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

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

(a) works carried out under the Drainage (Northern Ireland) Order 1973, other than drainage schemes; and

(b) works to construct a marina carried out under Part III of the Water (Northern Ireland) Order 1999.

Part III of the Regulations further amends the Drainage Order in respect of drainage schemes and also amends the Water Order in respect of canal schemes.

The Regulations prohibit the responsible Department carrying out drainage works or marina works under Part III of the Water Order, drainage schemes or canal schemes unless specified conditions are met. Firstly the requirements of the Regulations must have been complied with, including the preparation of an "environmental statement" for the purposes of assessing proposed works or schemes which are likely to have significant effects on the environment. Secondly, in specified cases, the Water Appeals Commission must have given consent, and the works or scheme must be carried out in accordance with any conditions to which the consent is subject.

     3. The principal requirements of the Regulations are as follows: - 

(a) the responsible Department must determine whether the proposed works or scheme are likely to have significant effects on the environment (regulations 5 and 18 and Schedule 2);

(b) where the responsible Department considers that the works or scheme have such effects it must publicise its intention to carry out the works. If no representations are received to the effect that the environmental effects are likely to be significant, it may proceed. If the Department concludes that the works are likely to have significant effects on the environment, it must publicise its determination. If representations are received that the environmental effects are likely to be significant, but the Department still considers otherwise, it must apply to the Water Appeals Commission for a determination (regulations 6 and 18);

(c) where the works or scheme are determined to be likely to have significant effects on the environment the responsible Department must publicise its intention to prepare an environmental statement, notify the specified consultation bodies and prepare the statement (regulations 7 and 18);

(d) at the request of the responsible Department the Water Appeals Commission must give an opinion on the contents of the environmental statement (regulation 9 and regulation 18) and other persons or authorities must make available any relevant information (regulations 10 and 18);

(e) the responsible Department must publicise the preparation of the environmental statement, and any further environmental information and make it available to the public and copy it to consultation bodies (regulation 11, 14 and 18);

(f) where the drainage works or scheme would be likely to have significant effects on the environment of another EEA State, the responsible Department must provide information to and consult that EEA State (regulations 13 and 18); and

(g) the environmental effects of the drainage works or scheme must be assessed in the light, in particular, of the environmental statement and representations. If there are no objections the responsible Department may determine that it will proceed with the works or scheme. If there are objections, the proposal must be referred to the Water Appeals Commission for a determination consenting or refusing consent to the works. Determinations must be publicised (regulations 14 and 18).

     4. The Regulations also provide for reasonable charges for copy documents, revocations, savings and amendments (regulations 12, 18, 22 and 23).