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

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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.

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Northern Irish Legislation

WATER ACT (NORTHERN IRELAND) 1972 - SECT 13