| Guvnor

Enforced by: NIEA
Status: In Force
Penalty ceiling: Imprisonment 8 of 23 obligations carry up to 2 years imprisonment. 7 carry different penalties and 8 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person17 Applicant1

Plus 5 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Applicant — also bound by 307 other Acts

Insolvency (England and Wales) Rules 2016 46 duties

Human Medicines Regulations 2012 42 duties

The Land Registration Rules 2003 25 duties

Regulation (EU) No 1178/2011 (Aircrew) 20 duties

Value Added Tax Regulations 1995 18 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.001 Title and commencement

s.002 Interpretation

Part 2

FUNCTIONS OF THE DEPARTMENT OF THE ENVIRONMENT IN RELATION TO MATTERS AFFECTING WATER

18 of 42 sections shown

s.004 Duty of Department to promote conservation and cleanliness of water resources Regulated

Other duties (1) — Crown / regulator

DAERA must promote water conservation and protect various interestsCrown / Minister / Government department

s.007 Pollution of water: offences Imprisonment

Discharge polluting waste into water or seaAny Person

s.008 Prevention and making good of defaults under Article 7(1) Imprisonment

Fail to comply with a water‑pollution prevention noticeAny Person

s.012 Enforcement notices Imprisonment

Fail to comply with a water enforcement noticeAny Person

s.015 Pollution emergencies Imprisonment

Fail to comply with a pollution emergency noticeAny Person

s.018 Grant of, and compensation for, rights of entry, etc. Regulated

Grant access to land for anti-pollution worksAny Person

s.019 Consequences of not complying with a works notice Imprisonment

Fail to comply with a works noticeAny Person

s.020 Abstraction and impounding of water Imprisonment

Abstract water or build impounding works without a licenceAny Person

s.026 Supplementary provisions as to powers of entry and inspection Prosecution

Obstruct a water inspector exercising entry powersAny Person

Fine up to £1,000

s.027 Evidence in connection with certain pollution offences Imprisonment

Fail to maintain accurate pollution records or discharge monitoringAny Person

s.028 Power to obtain information Prosecution

Fail to comply with information directionAny Person

Fine up to £500

s.029 Penalties for false information Imprisonment

Provide false or misleading information to obtain water licenceAny Person

s.030 Pollution control register Regulated

Other duties (1) — Crown / regulator

NIEA must maintain a public water pollution control registerStatutory regulator

s.034 Collection of data and information by Department Regulated

Other duties (1) — Crown / regulator

DOE must provide access to water data and research recordsCrown / Minister / Government department

s.035 Abandoned mines Prosecution

Fail to give notice of mine abandonmentAny Person

Unlimited fine

s.art007 Discharges into and from public sewers, etc. Imprisonment

Unlawful discharge into public sewers or treatment worksAny Person

s.art028 Provision of information Prosecution

Refuse department access to water recordsAny Person

Fine up to £200

s.art038 Application of this Part to the Crown Regulated

Crown and public service workers must comply with water legislationAny Person

24 other sections in this Part — procedural and definitional

s.003 Interpretation of Part II

s.005 Classification of quality of waters

s.006 Water quality objectives

s.009 Discharge of effluent into waterway or underground stratum

s.010 Relationship of this Part with other statutory provisions controlling pollution

s.011 Power to make scheme of charges

s.013 Appeals in respect of consents

s.014 Regulations as to prevention of pollution

s.016 Anti-pollution works and operations

s.017 Notices requiring persons to carry out anti-pollution works and operations

s.021 Power to make scheme of charges in connection with water resources

s.022 Orders as to charges for abstractions of water or discharges

s.023 Power of Department to carry out engineering or building operations

s.024 Acquisition of land by Department

s.025 Powers of entry and inspection

s.031 Exclusion from registers of information affecting national security

s.032 Exclusion from registers of certain confidential information

s.033 Maps of fresh-water limits of waterways

s.036 Power to give effect to assimilated and other international obligations, etc.

s.037 Prosecutions

s.038 Repeal, amendment and adaptation of local enactments

s.civil liability Civil Liability

s.exceptions Exceptions

s.restriction on disclosure of information Restriction on disclosure of information

Part 3

POWERS OF DEPARTMENT OF AGRICULTURE IN RELATION TO WATERWAYS

2 of 18 sections shown

s.049 Regulation of recreational and navigational use of waterways Prosecution

Fail to comply with officer’s request for name, address or to leave waterwayAny Person

Fine up to £1,000

s.052 Supplementary provisions as to powers of entry and inspection Prosecution

Obstruct authorised water inspectorAny Person

Fine up to £1,000

16 other sections in this Part — procedural and definitional

s.039 Application and interpretation of Part III

s.040 Matters to be taken into account in exercising certain functions

s.041 Power of Department to carry out works and provide facilities in relation to waterways

s.042 Canal schemes

s.043 Powers of maintenance

s.044 General powers of the Department

s.045 Provisions of the Drainage Order applied for the purposes of this Part

s.046 Power of Department to enter into arrangements for improvement or restoration of waterways

s.047 Schemes extending outside Northern Ireland

s.048 Acquisition of land and other rights by the Department

s.050 Charges for recreational and navigational use of waterways

s.051 Powers of entry and inspection

s.053 Prosecutions

s.054 Power to give effect to assimilated obligations, etc.

s.055 Financial provision

s.056 Repeal, amendment and adaptation of local enactments

Part 4

MISCELLANEOUS AND GENERAL

0 of 7 sections shown

7 other sections in this Part — procedural and definitional

s.057 Water management programmes

s.058 Northern Ireland Water Council

s.059 Power of Laganside Corporation to make byelaws

s.060 Protection of watercourses – penalty in relation to nuisance

s.061 Regulations and orders

s.062 Transitional and saving provisions

s.paragraph/p1 Article 63—Amendments and repeals

Schedules

3 of 57 shown

s.006 PROCEDURE FOR MAKING ORDERS UNDER ARTICLE 57(1) Regulated

Other duties (1) — Crown / regulator

NIEA must follow public consultation procedures for water management programsCrown / Minister / Government department

s.sch001 DISCHARGE CONSENTS Regulated

Apply for a discharge consent and advertise the applicationApplicant

s.sch002 ORDERS CONFERRING COMPULSORY POWERS FOR EXECUTING WORKS Regulated

Other duties (1) — Crown / regulator

Department must publish draft order and consider objections before compulsory powers orderCrown / Minister / Government department

54 other schedules

s.004 DESCRIPTION OF CANAL WORKS, ETC.

s.sch001 (1) An application for a discharge consent—

s.sch001 (1) Subject to sub-paragraph (2), the Department shall give notice...

s.sch001 (1) On an application under paragraph 1 the Department shall...

s.sch001 (1) For the purpose of considering representations made in respect...

s.sch001 (1) If it appears to the Department—

s.sch001 (1) The Department may from time to time review any...

s.sch001 (1) Each instrument signifying the consent of the Department under...

s.sch001 (1) The holder of a discharge consent given under paragraph...

s.sch001 (1) A discharge consent given under paragraph 2 or 4...

s.sch002 Before making an order under Article 23(2) the Department shall prepare a draft of the...

s.sch002 Not later than the date on which the notice is first published in pursuance of...

s.sch002 The Department shall also publish in the Belfast Gazette a notice stating that the draft...

s.sch002 The Department shall, at the request of any person, furnish him with a copy of...

s.sch002 The Department may make the order in the terms of the draft or in those...

s.sch002 (1) If before the end of the period of 28 days referred to in paragraph...

s.sch002 (1) If the value of any estate in land to which this sub-paragraph applies is...

s.sch003 MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR PURPOSES OF ARTICLE 24(3) AND 48(3)

s.sch003 References to the Ministry or to the council shall be construed as references to the...

s.sch003 In paragraph 12— (a) in sub-paragraph (1) omit the words “such” and “as may be...

s.sch003 In paragraph 14(1) omit the words “in the prescribed form”.

s.sch003 In paragraph 15(1) for the words “in the prescribed form” substitute the words “in such...

s.sch003 Omit paragraph 19.

s.sch003 Omit paragraph 20(2).

s.sch003 References to Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall be construed...

s.sch003 Omit paragraph 1.

s.sch003 In paragraph 2— (a) for the words from the beginning to “directs” substitute the words...

s.sch003 In paragraph 3(1)(ii) for the word “refuse” substitute the words “decide not” .

s.sch003 In paragraph 4 omit the words from “and may provide” onwards.

s.sch003 In paragraph 5— (a) in sub-paragraph (1)(a) omit the words “in the prescribed form and...

s.sch003 In paragraph 6(2) for the words “fund out of which the expenses of the council...

s.sch003 In paragraph 11(3) omit the words “in the prescribed form”.

s.sch004 Clearing of waterways, including— (a) the removal of obstructions, including fallen or ingrowing trees, refuse...

s.sch004 Works in connection with waterways, including— (a) the cleansing, widening, deepening, covering or otherwise improving...

s.sch004 New construction, including— (a) the diversion of waterways; (b) the cutting through of “U” or...

s.sch004 Removal, alteration or improvement of artificial objects such as sluices, dams, sea defence works, pumping...

s.sch004 Sea defence works.

s.sch004 The operation of any works described in this Schedule.

s.sch004 Such other works or classes of works as may be considered by the Department to...

s.sch005 Provisions of the Drainage Order applied for the purposes of environmental impact assessment of canal schemes

s.sch005 The provisions of the Drainage Order applied by Article 45(1) of this Order are as...

s.sch005 The provisions of the Drainage Order applied by Article 45(1A) of this Order are as...

s.sch005 The provisions of the Drainage Order specified in Parts 1 and 2 of this Schedule...

s.sch006 Where the Department proposes to adopt a water management programme by order under Article 57(1),...

s.sch006 The Department shall, if so requested by any person, furnish him with a copy of...

s.sch006 The Department may alter the terms of the draft programme in such manner as the...

s.sch006 If, before the end of the period of 28 days referred to in paragraph 1,...

s.sch006 Sub-paragraphs (2) and (3) of paragraph 3 of Schedule 1 apply in relation to an...

s.sch006 An objection shall not be made to the Appeals Commission in respect of any watercourse...

s.sch006 After the expiry of the period of 28 days referred to in paragraph 1 and,...

s.sch006 If the Department adopt a water management programme under Article 57(1), the Department shall make...

s.sch006 In this Schedule “designated watercourse” and “watercourse” have the meanings assigned by Article 2(2) of...

s.schedule n7 para.wrapper1n2 Schedule 7—Amendments

s.schedule n7 para.wrapper2n2 Schedule 8—Repeals

Help complying

Guvnor’s practical routes through this instrument.

Environmental permits in Northern Ireland: applying to NIEA

How to apply for environmental permits from the Northern Ireland Environment Agency (NIEA). Covers the NI permitting system for waste management, water …

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Nitrates Action Programme Regulations (Northern Ireland) 2014 SI 2014 Northern Ireland Statutory Rule

Private Water Supplies Regulations (Northern Ireland) 2017 SI 2017 Northern Ireland Statutory Rule

Quality of Bathing Water Regulations (Northern Ireland) 2008 SI 2008 Northern Ireland Statutory Rule

Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006 SI 2006 Northern Ireland Statutory Rule

Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 SI 2017 Northern Ireland Statutory Rule

Water Supply (Water Quality) Regulations (Northern Ireland) 2017 SI 2017 Northern Ireland Statutory Rule

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Water (Northern Ireland) Order 1999

Does it bind you?

Other Acts binding the same actors

What it requires

INTRODUCTORY

FUNCTIONS OF THE DEPARTMENT OF THE ENVIRONMENT IN RELATION TO MATTERS AFFECTING WATER

POWERS OF DEPARTMENT OF AGRICULTURE IN RELATION TO WATERWAYS

MISCELLANEOUS AND GENERAL

Schedules

Help complying

Environmental permits in Northern Ireland: applying to NIEA

Connected legislation