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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or withdrawn or the Ministries are satisfied that they are solely of a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.

© 1972 Crown Copyright

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