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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the manner in which registration may be withdrawn;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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