Water Regulation

The Water (Northern Ireland) Order 1999 provides that it is the general function of the Department of the Environment to promote and conserve the water resources of Northern Ireland and promote the cleanliness of water and waterways and underground strata. The Department, in exercising its function, is to have regard to the needs of industry and agriculture, protection of fisheries, protection of public health, preservation of amenity, conservation of flora and fauna, and the conservation of geological or physiological features of special interest and any feature of archaeological, historical, architectural, or traditional interest.

The Department of the Environment may, by regulations, prescribe a system of classifying the quality of waters according to criteria. The criteria shall consist of general requirements as to the purposes for which water is to be suitable, specific requirements as to the matters to be present or absent or concentrations, specific requirements as to the characteristics of water.

For the purpose of maintaining and improving the quality of waters, the Department may establish water quality objectives, for any waters of a description prescribed in regulations. The water quality objectives for any waters shall be the satisfaction by those waters of the requirements as a classification.

The water quality objectives may be reviewed every 5 years. Where the Department proposes to establish or vary objectives, it is to give certain public notices and consider representations forthcoming in response.

The Department may require the payment in respect of discharge consents as may be specified under a scheme made by it. Those liable to pay charges are the persons making the application; persons authorised to do anything by the consent or persons making a discharge and persons making a discharge pursuant to the consent.

The charge may be by way of a single charge or periodic charges. The Department is to ensure that the fees and charges are sufficient to cover expenditure in exercising the Department’s functions under the legislation.

The Department may make regulations controlling, restricting, or prohibiting the abstraction of water from strata or waterways and for the construction, alteration, and operation of impounding works. They may subject abstraction of work to a licence. They may require works for the impounding to be the subject of a consent from the Department. They may provide for licensing conditions with provisions for an Appeals Commission against decisions of the Department under the regulation. They may provide for enforcement and create penalties.

The Department may require payment for charges in connection with abstracting water. The charge may be imposed on the licensee or the person making the application to abstract.

The scheme may be made for imposing a single charge for a whole period, licences in force or for periodical charges. They may provide for the timing and methods of payment of the charge. The Department is to ensure, insofar as practicable, that the fees and charges are sufficient to cover the expenditure.

The Department may, for the purpose of defraying expenses incurred in the execution of works for the purpose of ensuring the better use of water, make provision in respect of levying charges on persons who abstract water from waterways or underground strata; or persons who discharge matters into them, equivalent to a measurable benefit achieved by reason of the execution of the works.

The Department has powers to carry out engineering and building works for the purpose of carrying on its functions in relation to water. They are to have regard to the conservation of water resources; prevention of pollution; needs of the community; conservation of archaeological, historical, architectural, historical traditions; conservation of flora and fauna; enhancement of the natural beauty and amenity of waterways and lands associated with them.

The Department may acquire lands for the purpose of its functions. It may enter premises for the purpose of performing its functions. It may carry out inspections, surveys, measurements, and tests. This may include experimental boreholes; installation and monitoring of apparatus. The Department may, after consultation with the occupier of land, vessel or mobile plant from which effluent is discharged, fix points at which samples are to be taken.

If it is shown that admission to the premises has been refused or refusal is apprehended, an application may be made to a justice of the peace for a warrant to enter with force, if necessary. It is an offence to interfere with or obstruct the person exercising a power of entry and inspection from the exercise a power above. Damages caused to premises or goods, persons are entitled to apply for compensation to the Department. A dispute as to compensation is decided by the Lands Tribunal.

Evidence obtained in consequence of the exercise of the rights is admissible whether or not compulsorily obtained. Evidence for monitoring apparatus, etc. installed with or without the consent of a person is admissible. It is presumed, until the contrary is shown, that samples of effluent taken at points or provided in compliance with conditions imposed by the legislation are accurate, until the contrary is shown.

The Department has the power requiring persons who are abstracting waters or discharging effluents to or from waterways and underground strata, to give such information as is specified. A person to whom a direction is made may appeal to the Appeals Commission within 21 days. Failure to comply with a direction is an offence.

It is deemed the duty of the Department to provide the water undertaker with information in its possession reasonably requested for the purpose of the undertaker’s functions. It must provide reasonable facilities to persons for the inspection of records held by the Department and taking copies of it. It is the duty of every water undertaker to provide the Department with such information as it reasonably requires for its function.

Where records of the flow level, volume of water in any waterway are kept by an entity other than the water undertaker, the Department has a right at all reasonable times to inspect the contents and records and take a copy.

Information provided may be given the Department, the Department of Agriculture; Department of Culture; a water undertaker; or Waterways Ireland, is to be provided free of charge; and facilities to others are to be provided subject to such charges as the Department determines.Certain information is subject to confidentiality requirements.

The Department is to maintain a pollution control register in accordance with regulations. This is to include notices of water quality objectives and certain notices published in the legislation; notices served on enforcement and convictions; applications for discharge consents; applications for variation of discharge consents; enforcement notices, revocations, appeals, convictions of persons who have consents, works notices; information obtained or furnished in pursuance of conditions; particulars of appeals, convictions; matters about particulars which are to be kept in certain registers under an Industrial Pollution Control legislation; particulars of sampling points; samples taken; information produced; steps taken in consequence; matters relating to abstraction or impounding of water.

The Department is to ensure that the contents of registers maintained are available, at all reasonable times, for inspection free of charge.The members of the public are to be given reasonable facilities for obtaining from the Department, on payment of reasonable charges, copies of entries. Copies of entries are presumptive evidence in the context of proceedings for an offence.

There are certain exclusions from the register for confidential information and to protect national security.

The Department is to maintain maps showing the freshwater limits of every waterway. It is to make them available to the public free of charge. The Department may, by order, provide that the obligation does not apply to waterways of a description specified.

Obligations are placed on parties to abandon a mine. At least six months’ prior notice must be given to the Department. Failure to do so is an offence.

Where a mine is subject to insolvency proceedings, the obligation is to give notice as soon as reasonably practicable, whether before or after abandonment on the part of the insolvency officer.

A person giving notice must publish prescribed particulars in newspapers. Abandonment includes the cessation of work, discontinuance, etc.