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

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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")].

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Northern Irish Legislation

WATER ACT (NORTHERN IRELAND) 1972 - SECT 6