Drainage & Sea Defences

The Drainage Northern Ireland Act provides for the drainage of land and sea defences. The Drainage Council of Northern Ireland is continued in being. Provision is made generally for drainage schemes and drainage work.

The Department or another person may submit to the Drainage Council particulars as the Council may consider necessary to enable it to determine whether any watercourse should be treated as a designated watercourse. A person aggrieved by the determination of the Drainage Council may apply to the Lands Tribunal for a review of the determination.

The Minister for Agriculture is the authority for the exercise of functions under the legislation, as the drainage authority. It has powers to undertake, construct, and maintain drainage works. It makes surveys and prepares plans and works as necessary for its functions. It may reconstruct works or move them. It may do all works generally necessary for the performance of functions under the legislation.

There is provision for emergency works to watercourses and sea defences. The Drainage Council determines which watercourses or parts thereof are to be treated as designated watercourses under the legislation.

It considers particulars of sea defences submitted and considers which should be designated under the legislation. It considers proposals in respect of drainage schemes and variations. It considers bye-laws proposed to be made by the department in respect of the maintenance and operation of drainage works. It considers drainage proposals affecting roads, bridges, embankments, and such other matters affecting or as affect drainage questions as may be referred by the Department.

The Drainage Council, in determining matters before it, is to have regard to the uniform treatment of drainage throughout Northern Ireland. The Department is to consult the Drainage Council with regard to the general drainage programmes from time to time proposed by it.

If the department is of the opinion that the carrying out of drainage work on a designated watercourse or designated sea defences is expedient for the drainage of land, it may prepare a scheme for carrying out those works. The scheme is to make provision as is necessary for the protection of rights, including rights of water or interests affected by the scheme. The scheme is to show particulars of the watercourses concerned, sea defences, lands improved, details of the drainage work, and manner of implementation.

The Department must consult certain parties, and a determination must be made as to the impact on the environment of the proposed scheme. The proposed scheme is sent to the district council, which is to publish and exhibit copies of the scheme for a 28-day period.

Where the Department considers the scheme is not likely to have significant effects, it may publish a notice in the Belfast Gazette to the intent that it does not intend to prepare an Environmental Impact Statement. Persons may make representations in relation to the same. Where no representations are made, it may proceed to carry out the scheme.

Where representations are made, it is to apply to the Water Appeals Commission (1973 Act) for a determination of whether the scheme is likely to have significant environmental impacts. The Commission may determine whether the scheme is likely to have a significant environmental impact.

Where the Department or the Commission determines that there are likely to be significant impacts, the Department is to prepare an environmental statement and undertake consultations in respect thereof.

When the environmental statement is published, publicity is to be given to it, and representations are to be sought. After the notice is published, the Department is to assess, in light of the environmental statement and representations, whether the direct and indirect effects of the proposed works and the environmental factors specified in the legislation. The Department, having undertaken the assessment, is to determine whether the scheme shall proceed, further notices are to be published.

Where the Department considers the scheme should receive objections in relation to likely environmental effects have not been withdrawn, the matter is referred to the determination of the Commission. There is a procedure for consideration by the Commission of the matter. The Commission may consent to the carrying out of the work specified in the scheme unconditionally or subject to such conditions as may be specified.

Where the Department has made an order confirming a scheme, then, unless it is revoked, the Department is authorised to carry out the scheme. It is authorised to construct, execute, and complete drainage works; enter land and do all things necessary for the same. It may remove earth and other material and deposit it on other land.

There are provisions in respect of schemes that impact on roads, bridges, culverts, and embankments. The scheme is to be carried out by the Department, subject to compliance with the conditions of the authority or subject to agreements with the authority for the design and execution of the work by the authority and the payment by the Department of the cost or part of it. Disputes between the Department and authorities are referred to arbitration.

A drainage scheme may be amended in the course of its execution. There are provisions in respect of a variation; the Department may only approve a direct variation where it takes into account various matters generally arising in respect of initial approval.

Where a person suffers loss by reason of entry onto the land or construction of drainage works or sea defence or by direct interference with land belonging to him, the Department must pay reasonable compensation. The Department may enter into agreements with persons likely to be affected in relation to doing the works. Works and facilities may be constructed or reconstructed in lieu of or in part satisfaction of compensation.

Where loss is caused to any fisheries or canals, inland waterways or water rights, the Department shall pay compensation. And in default of agreement, claims for compensation are heard by the Lands Tribunal.

In assessing compensation, regard is to be had to the benefit to any property and increase in value which may reasonably be expected to arise from the carrying out of the drainage scheme.

The Department has powers and obligations in relation to the maintenance of designated watercourses and sea defences. Where damage is caused by reason of repair and maintenance, a right to compensation may arise for persons affected.

The Department, after consultation with the Drainage Council, may make bye-laws in relation to the efficient drainage of land. They may provide for regulating the use and preventing improper use of watercourses, banks, and works, constructed and maintainable by the Department, preserving any watercourse, banks from damage or destruction; regulating the opening of locks, sluices, and floodgates; compelling the occupier of any land or watercourse to cut vegetable growth on the banks; provide that, on default of obligations, the Minister may enter the land, do the works and recover the expense. Bye-laws may provide for offences punishable on summary conviction.

The Department may formulate a scheme providing for the carrying out of ancillary works on land, including installation, operation, and maintenance of pumps and plants as may be necessary for the purpose of sea defences. The Department may serve on occupiers of any protected land a notice in writing requiring him to comply with the terms of a scheme, Schedule 5. An occupier of protected land is not liable for the reconstruction, repair, and maintenance of an embankment forming part of a sea defence, nor valves or other works forming part of the same.

The Department may carry out works on behalf of other entities or persons required under statute to carry out the works. Agreements will provide for the payment of the cost to the Department. The Department may contribute to the cost of works as conducive to the better maintenance or improvement of any designated waterway or fishery, in respect of which the department is liable to provide protection. It may enter into agreements with occupiers for contributions towards the cost of certain works.

Where the provision of sea defences will eliminate or reduce the liability of a public body in respect of the reconstruction and maintenance of sea defences or inure for the benefit of that body, the Department may enter into an agreement with the body concerned, in relation to contributions towards the costs.

Drainage trusts and their funds are transferred to the Department. Trustees are authorised to transfer funds and property controlled by drainage trust to the Department. The transfer releases and discharges the functions of the trustees.

The Department may by order dissolve drainage trust, certain categories of drainage trusts. There is provision for objection. The Department may make an order provided that the dissolution would not cause any person significant detriment. An order transferring the property held by the drainage trust is to make provision for the transfer of property, rights, duties, and obligations, the release of the trust obligation etc.