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Statutory Instruments 1999 No. 662 (N.I. 6)
The Water (Northern Ireland) Order 1999
- continued

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Regulation of recreational and navigational use of waterways
     49.  - (1) The Department may by order subject to negative resolution regulate the way in which any waterway specified in the order may be used for recreation or navigation.

    (2) Without prejudice to the generality of paragraph (1), an order made under that paragraph may make provision - 

    (a) regulating the use of a waterway by vessels;

    (b) requiring vessels using a waterway to be licensed for that purpose by the Department;

    (c) regulating the grant, renewal, transfer and revocation of licences under sub-paragraph (b) and the conditions subject to which such licences are to be granted;

    (d) requiring vessels using a waterway to be registered with the Department;

    (e) regulating the manner in which and the conditions subject to which vessels may be registered under sub-paragraph (d) and the manner in which registration may be withdrawn;

    (f) regulating the construction, condition, safety and control of vessels which may use a waterway and the equipment to be carried on such vessels;

    (g) regulating the movement of vessels, and the use of lights, on a waterway;

    (h) regulating the opening of locks or the operation of any other works executed under any relevant statutory provision;

    (i) regulating the conduct of persons on - 

      (i) a waterway; or

      (ii) on land adjacent to a waterway and owned by the Department;

    (j) prohibiting a waterway from being used for navigation or recreational purposes, except as permitted by the order;

    (k) for prohibiting or restricting access to - 

      (i) a waterway; or

      (ii) to land adjacent to a waterway and owned by the Department;

    (l) preventing the improper use of any works executed or maintained by the Department under any relevant statutory provision or facilities provided or maintained by the Department under any such provision, or preserving such works or facilities from damage or destruction;

    (m) preventing the obstruction of a waterway;

    (n) for the removal by the Department of vessels or objects from a waterway in such circumstances as may be specified in the order and the storage or disposal by the Department of vessels or objects so removed;

    (o) for the recovery by the Department of the cost of removing, storing or disposing of such vessels or objects as are mentioned in sub-paragraph (n);

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

    (3) Any person duly authorised by the Department may, on production if so required of evidence of his authority, require any person suspected of contravening any provision of an order under this Article - 

    (a) to state his name and address;

    (b) to leave the waterway.

    (4) Any person who fails to comply with a requirement imposed under paragraph (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (5) Nothing in this Article shall affect the operation of the provisions of the Merchant Shipping Act 1995.

    (6) In this Article and in Article 50, "relevant statutory provision" means any provision of - 

    (a) the Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955;

    (b) Schedule 7 to the Drainage Order; or

    (c) this Part.

Charges for recreational and navigational use of waterways
    
50.  - (1) The Department may make charges - 

    (a) for the use of any facilities provided or maintained by it under any relevant statutory provision;

    (b) without prejudice to the generality of sub-paragraph (a), for the passage through any lock constructed or maintained by the Department under any relevant statutory provision;

    (c) in respect of the registration or licensing of any vessel in accordance with an order under Article 49.

    (2) Without prejudice to the generality of paragraph (1), the Department may - 

    (a) provide for exemption from payment of charges imposed under this Article in such cases as the Department may determine;

    (b) provide for the payment of concessionary charges in such cases as the Department may determine.

    (3) The Department shall, in such manner as it considers appropriate, publish a scale of charges payable under this Article.

    (4) Where, by virtue of this Article any person is required to pay any sum of money to the Department - 

    (a) the Department may certify in writing the amount of that sum; and

    (b) the amount so certified shall be recoverable by the Department summarily as a debt due to it.

    (5) A certificate under paragraph (4) shall be prima facie evidence of the amount stated therein.

Supplementary provisions

Powers of entry and inspection
    
51.  - (1) Any person duly authorised by the Department may at any reasonable time - 

    (a) enter any premises for the purpose of performing, whether in relation to those premises or not, any functions conferred on the Department under this Part;

    (b) for the purpose of determining whether, and if so in what manner, any such functions are to be performed in relation to any premises, enter any premises and inspect or survey the premises and inspect any article thereon;

    (c) for the purpose of ascertaining whether any provision of an order made under Article 49 is being or has been contravened, enter any premises and inspect or survey the premises and inspect any article thereon.

    (2) Any person duly authorised by the Department may - 

    (a) stop, if necessary, and enter and search any vessel for the purpose of ascertaining whether any provision of an order made under Article 49 is being or has been contravened;

    (b) carry out inspections, measurements and tests on any vessel entered by that person or of any articles found on any such vessel.

    (3) If it is shown to the satisfaction of a justice of the peace on sworn complaint in writing - 

    (a) that admission to any premises which any person is entitled to enter under paragraph (1) or (2) has been refused to that person, or that refusal is apprehended, or that the premises are 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 premises for the purpose for which entry is required;

the justice may by warrant under his hand authorise that person to enter the premises, if need be by force.

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

    (5) The power conferred by paragraph (1) to survey premises includes power to sink boreholes.

    (6) The power conferred by paragraphs (1)(b) and (c) and (2)(b) shall be exercisable for the purpose of inspecting any documents 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.

Supplementary provisions as to powers of entry and inspection
    
52.  - (1) A person authorised under Article 51 to enter any premises shall, if so required, produce evidence of his authority before so entering.

    (2) A person so authorised may take with him onto the premises 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 Article 51 unless 7 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 Article 51, enters any premises which are unoccupied or the occupier of which is temporarily absent, shall leave the premises as effectually secured against trespassers as he found them.

    (5) Any person who intentionally obstructs a person acting in the exercise of his powers under Article 51 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (6) If any person assaults a person acting in the exercise of his powers under Article 51 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

    (7) Where in the exercise of any power conferred by Article 51 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 Department.

    (8) Any dispute as to a person's entitlement to compensation under paragraph (7) or the amount of it shall be determined by the Lands Tribunal.

Prosecutions
    
53. No proceedings shall be instituted for an offence under this Part or under an order made in accordance with Article 49 except by the Department or by or with the consent of the Attorney General.

Power to give effect to Community obligations, etc.
    
54.  - (1) Regulations may provide that the provisions of this Part shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty's Government in the United Kingdom to give effect to any Community obligation or exercise any related right.

    (2) In this Article "related right", in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.

Financial provision
    
55. Any sum received by the Department under this Part shall be appropriated in aid of the expenses incurred by the Department under this Part or in the payment of any contributions or grants under this Part.

Repeal, amendment and adaptation of local enactments
    
56.  - (1) If it appears to the Department that any local or private Act passed before the making of this Order - 

    (a) is inconsistent with any of the provisions of this Part or of any regulations or order made under this Part, or with anything done in the performance of any functions under this Part; or

    (b) 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 Article "Act" includes an Act of the Parliament of the United Kingdom.



PART IV

MISCELLANEOUS AND GENERAL

Water management programmes
    
57.  - (1) The Departments may by order adopt 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 Departments to be appropriate.

    (3) Schedule 6 shall have effect with respect to the making of orders under paragraph (1).

    (4) A water management programme shall become operative on the date appointed for the purpose in the order under paragraph (1) adopting the programme.

    (5) The Departments shall, at intervals which do not exceed 7 years, review any water management programme adopted under this Article.

    (6) In this Article and in Schedule 6 "the Departments" means the Department of the Environment and the Department of Agriculture acting jointly.

Northern Ireland Water Council
    
58.  - (1) There shall continue to be a council known as the Northern Ireland Water Council.

    (2) The Water Council shall advise - 

    (a) the Department of the Environment on the exercise of its functions under this Order and the Water and Sewerage Services (Northern Ireland) Order 1973; and

    (b) the Department of Agriculture on the exercise of its functions under this Order.

    (3) The Water Council shall be appointed by the Heads of the Departments and shall consist of not more than 15 persons each of whom shall - 

    (a) hold office for a period of 3 years; and

    (b) be eligible for re-appointment.

    (4) The Heads of the Departments shall appoint the chairman of the Water Council.

    (5) The Department of the Environment may pay to members of the Water Council such travelling, subsistence or other allowances as that Department may determine.

    (6) 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 Heads of the Departments and any person so appointed shall - 

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

    (b) be eligible for re-appointment.

    (7) The Water Council may regulate its own proceedings.

    (8) In this Article "the Heads of the Departments" means the Head of the Department of the Environment and the Head of the Department of Agriculture acting jointly.

Power of Laganside Corporation to make byelaws
    
59. For Article 19 of the Laganside (Northern Ireland) Order 1989 there shall be substituted the following Article - 

    " Byelaws as to use of river and certain adjacent land
        
    19.  - (1) The Corporation may make byelaws - 

      (a) regulating the use of the river by vessels;

      (b) requiring vessels using the river to be licensed for that purpose by the Corporation;

      (c) regulating fishing in the river;

      (d) requiring persons fishing in the river to obtain a permit for that purpose from the Corporation;

      (e) regulating the grant, renewal and revocation of licences under sub-paragraph (b) and permits under sub-paragraph (d), the conditions subject to which such licences and permits are to be granted and prescribing the fees payable in respect of the grant or renewal of such licences or permits;

      (f) regulating the construction, condition, safety and control of vessels which may use the river and the equipment to be carried on such vessels;

      (g) regulating the movement of vessels, and the use of lights, on the river;

      (h) for the levying by the Corporation of charges in respect of the use of the river or any service or facility provided by the Corporation on the river or on land adjacent to the river;

      (i) for the removal by the Corporation of vessels or objects from the river in such circumstances as may be specified in the byelaws, the storage and disposal by the Corporation of vessels or objects so removed and the recovery by the Corporation of the costs of removal, storage and disposal;

      (j) regulating the conduct of persons on the river or on land adjacent to the river and under the management of the Corporation;

      (k) prohibiting the erection of any structure in the river or on land mentioned in sub-paragraph (j) without the consent of the Corporation;

      (l) prohibiting the carrying on of any commercial activity on the river or on any land mentioned in sub-paragraph (j) without the consent of the Corporation;

      (m) for such other purposes as appear to the Corporation to be appropriate in furthering the object of the Corporation.

        (2) Byelaws under this Article shall not apply in relation to - 

      (a) any part of the river within the limits for the time being of the jurisdiction of the Belfast Harbour Commissioners under the Belfast Harbour Acts 1847 to 1967; or

      (b) any land adjacent to any such part of the river.

        (3) Byelaws under this Article shall be made and have effect as if sections 91 (except subsection (6)), 92, 93 and 94(1) of the Local Government Act (Northern Ireland) 1972 applied to them as those provisions apply to byelaws made by a district council, and as if - 

      (a) for any reference in those provisions to a council or to the clerk of the council there were substituted a reference to the Corporation or to the chairman of the Corporation; and

      (b) for any reference to the Ministry concerned there were substituted a reference to the Department and the Department of Agriculture acting jointly.

        (4) The powers to secure the observance of byelaws made under this Article which are conferred on an authorised officer of the Corporation under section 93 of the Local Government Act (Northern Ireland) 1972 (as applied by paragraph (3)) include power - 

      (a) to board and inspect any vessel on the river; and

      (b) to require any person suspected of contravening a byelaw to furnish his name and address to the officer.

        (5) Section 94 of the Public Health Act Amendment Act 1907 (licensing powers of district council in relation to pleasure vessels and persons in charge thereof) shall not apply in relation to any vessel using the river.".

Protection of watercourses - penalty in relation to nuisance
    
60. In paragraph 6(ii)(A) of Schedule 6 to the Drainage Order for the words "not exceeding £100" there shall be substituted the words "not exceeding £1,000 or such other sum as the Department may specify by order subject to affirmative resolution".

Regulations and orders
    
61.  - (1) Regulations made under this Order (other than regulations made under Article 36 by the Secretary of State) shall be subject to negative resolution.

    (2) Regulations and orders under this Order may contain consequential, incidental, supplementary and transitional provisions.

Transitional and saving provisions
    
62.  - (1) Nothing in this Order shall affect the operation of section 9(2) of the Northern Ireland (Miscellaneous Provisions) Act 1932.

    (2) Nothing in this Order 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 Article 14(1)(b) are in operation in relation to those waters.

    (3) Any bye-laws made under paragraph 13 of Schedule 7 to the Drainage Order and in operation immediately before the coming into operation of Article 49 shall continue to have effect as if made under that Article.

Amendments and repeals
    
63.  - (1) The statutory provisions set out in Schedule 7 shall have effect subject to the amendments specified in that Schedule.

    (2) The statutory provisions specified in Schedule 8 are hereby repealed to the extent specified in the third column of that Schedule.


A.K. Galloway
Clerk of the Privy Council


 
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