Northern Ireland Orders in Council

(a) shall be made to the Department on a form provided for the purpose by the Department; and

(b) must be advertised by or on behalf of the applicant in such manner as may be required by regulations.

    (2) Regulations may provide that any advertising of an application as is required under sub-paragraph (1)(b) may, in any case, be dispensed with if, in that case, it appears to the Department to be appropriate for that advertising to be dispensed with.

    (3) The applicant for a discharge consent must provide to the Department, either on, or together with, the form mentioned in sub-paragraph (1)(a) such information as may be prescribed for the purpose, but, subject to paragraph 2(3) and without prejudice to the effect (if any) of any other contravention of the requirements of this Schedule in relation to an application under this paragraph, a failure to provide information in pursuance of this sub-paragraph shall not invalidate an application.

    (4) The Department may give the applicant notice requiring him to provide it with such further information of any description specified in the notice as the Department may require for the purpose of determining the application.

    (5) An application made in accordance with this paragraph which relates to proposed discharges at two or more places may be treated by the Department as separate applications for consents for discharges at each of those places.

(a) of that paragraph, and

(b) of any regulations made under that paragraph,

are complied with, to consider whether to give the consent applied for, either unconditionally or subject to conditions, or to refuse it.

    (2) Subject to the following provisions of this Schedule, on an application made in accordance with paragraph 1, the applicant may treat the consent applied for as having been refused if it is not given within the period of 4 months beginning with the day on which the application is received or within such longer period as may be agreed in writing between the Department and the applicant.

    (3) Where any person, having made an application to the Department for a discharge consent, has failed to comply with - 

(a) his obligation under paragraph 1(1)(b) to advertise the application; or

(b) his obligation under paragraph 1(3) or (4) to provide information to the Department,

the Department may refuse to proceed with the application, or refuse to proceed with it until the application has been advertised or, as the case may be, the information has been provided.

    (4) The conditions subject to which a consent may be given under this paragraph shall be such conditions as the Department may think fit and a consent may be given under this paragraph subject to different conditions in respect of different periods.

    (5) The Department may, by regulations, substitute for any period for the time being specified in sub-paragraph (2), such other period as it thinks fit.

    (6) Where an application is made under paragraph 1, the Department shall give notice of its decision on that application to - 

(a) the person making the application;

(b) the Foyle Fisheries Commission, where the discharge is to be, or is being, made in the Londonderry Area;

(c) the Fisheries Conservancy Board for Northern Ireland, where the discharge is to be, or is being, made outside that Area.

Public inquiries

     3.  - (1) For the purpose of considering representations made in respect of an application made under paragraph 1, the Department may direct the Appeals Commission to hold a public local inquiry.

    (2) Where the Appeals Commission is directed to hold an inquiry under this paragraph - 

(a) the inquiry shall be held by such member of the Appeals Commission as the Chief Commissioner may appoint in that behalf;

(b) the Chief Commissioner may, after consultation with the Appeals Commission and the Department, appoint an assessor to sit with the member appointed under head (a) at the inquiry to advise him on any matters arising;

(c) notwithstanding heads (a) and (b), any report on the inquiry shall be made by the Appeals Commission.

    (3) The Appeals Commission may pay to any assessor appointed under sub-paragraph (2)(b) such fees and allowances as the Commission, with the approval of the Department, may approve.

    (4) Where any representations made in respect of an application made under paragraph 1 are, in the opinion of the Department, relevant to a public local inquiry to be held by the Planning Appeals Commission under Article 31 of the Planning Order (major planning applications), the Department may direct that those representations shall be considered by that inquiry.

    (5) The Department shall give notice of any direction made under sub-paragraph (1) or (4) to - 

(a) the person making the application;

(b) the Foyle Fisheries Commission where the discharge to which the application relates is to be made in the Londonderry Area;

(c) the Fisheries Conservancy Board for Northern Ireland, where the discharge to which the application relates is to be made outside that area;

and (without prejudice to section 23 of the Interpretation Act (Northern Ireland) 1954) that person and the Foyle Fisheries Commission or, as the case may be, the Board shall be entitled to appear and be heard at the relevant inquiry.

    (6) The Department shall give notice of any direction under sub-paragraph (4) to the person who made the application under the Planning Order which is the subject of the public local inquiry to which the notice relates.

    (7) Paragraph 2(2) shall not apply to an application made under paragraph 1 where the Department makes a direction under sub-paragraph (1) or (4) of this paragraph.

    (8) Where the Department makes a direction under paragraph (1) or (4) in relation to an application, it shall in determining the application consider the report on the public local inquiry held by the Appeals Commission or, as the case may be, the Planning Appeals Commission.

    (9) In this paragraph, "the Planning Order" means the Planning (Northern Ireland) Order 1991.

(a) that a person has discharged effluent or other matter in contravention of Article 9; and

(b) that a similar contravention by that person is likely,

the Department may, if it thinks fit, serve on him an instrument in writing giving its consent for the purposes of that Article, subject to any conditions specified in the instrument, for discharges of a description so specified.

    (2) Where a discharge consent has been given under this paragraph, the Department shall give notice of its decision to give that consent to - 

(a) the Foyle Fisheries Commission, where the discharge is to be, or is being, made in the Londonderry Area;

(b) the Fisheries Conservation Board for Northern Ireland, where the discharge is to be, or is being, made outside that area.

    (3) A discharge consent given under this paragraph shall not relate to any discharge which occurred before the instrument containing the consent was served on the recipient of the instrument.

    (4) Sub-paragraph (4) of paragraph 2 shall have effect in relation to a consent given under this paragraph as it has effect in relation to a consent given under that paragraph.

    (5) Where a discharge consent has been given under this paragraph, the Department shall publish notice of the consent in such manner as may be prescribed and send copies of the instrument containing the consent to such bodies or persons as may be prescribed.

    (6) It shall be the duty of the Department to consider any representations with respect to a discharge consent under this paragraph as are made to it in such manner, and within such period, as may be prescribed and have not been withdrawn.

    (7) Where notice of a discharge consent is published by the Department under sub-paragraph (5) the Department shall be entitled to recover the expenses of publication from the person on whom the instrument containing the consent was served.

(a) revoke the consent;

(b) make modifications of the conditions of the consent; or

(c) in the case of an unconditional consent, provide that it shall be subject to such conditions as may be specified in the notice.

    (3) If on a review under sub-paragraph (1) it appears to the Department that no discharge has been made in pursuance of the discharge consent to which the review relates at any time during the preceding 12 months, the Department may revoke the discharge consent by a notice served on the holder of the consent.

    (4) If it appears to the Department appropriate to do so - 

(a) for the purposes of enabling Her Majesty's Government in the United Kingdom to give effect to any Community obligation or to any international agreement to which the United Kingdom is for the time being a party;

(b) for the protection of public health or of flora and fauna dependent on an aquatic environment; or

(c) in consequence of any representations made to it or otherwise,

the Department may, subject to such restrictions on the exercise of the power conferred by virtue of paragraph (c) as are imposed under paragraph 6, at any time, in relation to a discharge consent given under paragraph 2 or 4, by a notice served on the person making a discharge in pursuance of the consent, do anything mentioned in sub-paragraph (2)(a) to (c).

    (5) Where the Department, in relation to a discharge consent given under paragraph 2 or 4, has served a notice on any person by virtue of sub-paragraph (2) or (4) (except a notice which only revokes a consent), the Department shall give notice stating the effect of the first-mentioned notice on - 

(a) the Foyle Fisheries Commission where the discharge to which the notice relates is made or to be made in the Londonderry Area;

(b) the Fisheries Conservancy Board for Northern Ireland where the discharge to which the notice relates is made or to be made outside that area.

    (6) The Department shall be liable to pay compensation to any person in respect of any loss or damage sustained by that person as a result of action taken by the Department in relation to any discharge consent by virtue of sub-paragraph (4)(b) if - 

(a) in taking that action the Department does anything which, apart from sub-paragraph (4), it would be precluded from doing by a restriction imposed under paragraph 6; and

(b) the action is not shown to have been taken in consequence of - 


(i) a change of circumstances which could not reasonably have been foreseen at the beginning of the period to which the restriction relates; or

(ii) consideration by the Department of material information which was not reasonably available to the Department at the beginning of that period.

    (7) For the purposes of sub-paragraph (6) information is material, in relation to a discharge consent, if it relates to any discharge made or to be made by virtue of the consent, to the interaction of any such discharge with any other discharge or to the combined effect of the matter discharged and any other matter.

(a) in the case of a period specified under sub-paragraph (1), with the day on which the discharge consent takes effect; and

(b) in the case of a period specified under sub-paragraph (2), with the day on which the notice specifying that period is served.

    (4) A restriction imposed under sub-paragraph (1) or (2) shall not prevent the service by the Department of a notice by virtue of paragraph 5(2) or (4)(c) in respect of a discharge consent given under paragraph 4 if - 

(a) the notice is served not more than 3 months after the beginning of the period prescribed under paragraph 4(6) for the making of representations with respect to the consent; and

(b) the Department considers, in consequence of any representations received by it within that period, that it is appropriate for the notice to be served.

    (5) A restriction imposed under sub-paragraph (1) or (2) shall not prevent the service by the Department of a notice by virtue of paragraph 5(2)(b) or (c) or (4)(c) in respect of a discharge consent given under paragraph 4 if the holder has applied for a variation under paragraph 7.

(a) a discharge consent given under paragraph 2 or 4 vests in any person as mentioned in sub-paragraph (2) or (3), but

(b) that person fails to give the notice required by sub-paragraph (7) within the period there mentioned,

the consent, to the extent that it permits the making of any discharges, shall cease to have effect.

    (9) A person who fails to give a notice which he is required by sub-paragraph (6) or (7) to give shall be guilty of an offence and liable - 

(a) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both;

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(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 28 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 Department 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 Department shall serve a copy of the notice on every person appearing to the Department 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 Department 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 any newspaper in which the notice under paragraph 1 was published and the date of an issue containing the notice.

     4. The Department shall, at the request of any person, furnish him with a copy of the draft order on payment of such charge as the Department thinks reasonable.

     5. The Department 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 Department proposes to make any significant alteration and considers that any persons are liable to be adversely affected by it, the Department shall give and publish such additional notices as appear to the Department to be necessary for informing those persons of the effect of the alterations.

     6.  - (1) If before the end of the period of 28 days referred to in paragraph 1, or of 25 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 Department from any person on whom a notice is served under this Schedule, or from any other person appearing to the Department 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 Department, 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 and consider the report on that inquiry.

    (2) Sub-paragraphs (2) and (3) of paragraph 3 of Schedule 1 apply in relation to an inquiry under this paragraph as they apply in relation to an inquiry under sub-paragraph (1) of that paragraph.

     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 Department 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 Article 24 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;

he shall be entitled to compensation from the Department in respect of that loss or damage, in addition to compensation under sub-paragraph (1).

    (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 Department 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.

(a) for the words from the beginning to "directs" substitute the words "Where the Department proposes to acquire land otherwise than by agreement, it shall give notice of its intention to do so, and such notice";

(b) in sub-paragraph (c) for the words "as may be prescribed" substitute the words "as the Department considers fit".

     5. In paragraph 3(1)(ii) for the word "refuse" substitute the words "decide not".

     6. In paragraph 4 omit the words from "and may provide" onwards.

     7. In paragraph 5 - 

(a) in sub-paragraph (1)(a) omit the words "in the prescribed form and manner";

(b) in sub-paragraph (1)(b) the two references to the said Act of 1972 shall be construed as references to this Order;

(c) in sub-paragraph (1)(d) omit the words "in the prescribed form";

(d) in sub-paragraph (2) for the words "as may be prescribed" substitute the words "as the Department considers fit".

     8. In paragraph 6(2) for the words "fund out of which the expenses of the council in acquiring the land are to be defrayed" substitute the words "Consolidated Fund" and for the words "out of the compensation fund" there shall be substituted the words "made by the Department".

     9. In paragraph 11(3) omit the words "in the prescribed form".

     10. In paragraph 12 - 

(a) in sub-paragraph (1) omit the words "such" and "as may be prescribed";

(b) in sub-paragraph (2) for the words from "clerk" to "directs" substitute the words "Department as correct, and publish".

     11. In paragraph 14(1) omit the words "in the prescribed form".

     12. In paragraph 15(1) for the words "in the prescribed form" substitute the words "in such form as may be approved by the Department".

     13. Omit paragraph 19.

     14. Omit paragraph 20(2).