Contents
Part 1 · Controlled reservoirs, registration and reservoir designation
Controlled reservoirs
1Controlled reservoirs#
For the purposes of this Act, a controlled reservoir is any of the followingstructures or areas which is capable of holding 10,000 cubic metres or more of water above the natural level of any part of the surrounding land—
(a)a structure designed or used for collecting and storing water,
(b)a lake or other area created or enlarged by artificial means, the artificial creation or enlargement having been designed, or the lake or other area so created or enlarged being used, for collecting and storing water.
2Structure or area which is to be treated as a controlled reservoir#
(1)This section determines when a section 1(a) or (b) structure or area which is not a controlled reservoir is to be treated as a controlled reservoir for the purposes of this Act.
(2)Where both of the following apply—
(a)water does (or could) flow from a section 1(a) or (b) structure or area to any other section 1(a) or (b) structure or area, and
(b)any 2 or more such structures or areas (taken together) are capable of holding 10,000 cubic metres or more of water above the natural level of any part of the surrounding land,
each of the section 1(a) or (b) structures or areas is to be treated for the purposes of this Act as a controlled reservoir.
(3)The Department, having taken into account the matters mentioned in section 3, may by regulations provide that a section 1(a) or (b) structure or area which neither is a controlled reservoir, nor falls to be treated as a controlled reservoir under subsection (2), is to be treated for the purposes of this Act as a controlled reservoir.
(4)The Department must serve notice of the making of regulations under subsection (3) on the person who will, as at the date of the making of them, be the reservoir manager of any section 1(a) or (b) structure or area which will, by virtue of the regulations, be treated as a controlled reservoir for the purposes of this Act; and such notice must advise the person of—
(a)the requirement for the reservoir manager to register the controlled reservoir with the Department in accordance with sections 10 and 13,
(b)the period within which the reservoir manager must do so.
(5)In this section and section 3, a “section 1(a) or (b) structure or area” means a structure, lake or other area referred to in paragraph (a) or (b) of section 1.
5Controlled reservoirs: supplementary#
(1)A controlled reservoir includes any basin, spillway, valve, dam, pumping station, weir, sluice, pipe and other thing which is integral to the functioning or operation of the reservoir.
(2)The following structures or areas are not a controlled reservoir (and are not to be taken into account in relation to what is to be treated as a controlled reservoir for the purposes of section 2(2) or (3))—
(a)a canal or other inland waterway,
(b)an embanked watercourse,
(c)a road or railway embankment which is not integral to the functioning or operation of a controlled reservoir,
(d)a weir which does not serve a functional or operational purpose as regards a controlled reservoir,
(e)a structure or area of water which protects land from the sea,
(f)a pond within an extractive waste site or other waste facility,
(g)a sewage sludge lagoon or other waste water treatment lagoon,
(h)an ash, silt or sludge lagoon used for the purpose of a mine or power generation,
(i)a lagoon for the storage of chemical materials or their waste products,
(j)a slurry tank.
(3)The Department may by regulations make provision as to—
(a)what constitutes any of the structures or areas referred to in subsection (2),
(b)what other thing (if any) described in the regulations is not a controlled reservoir (and is not to be taken into account in relation to what is to be treated as a controlled reservoir for the purposes of section 2(2) or (3)).
Reservoir managers
6Reservoir managers#
(1)This section determines who is the reservoir manager of a controlled reservoir for the purposes of this Act.
(2)A water undertaker is the reservoir manager of a controlled reservoir, or any part of a controlled reservoir, which is managed or operated by it.
(3)A sewerage undertaker is the reservoir manager of a controlled reservoir which is managed or operated by it.
(4)Subsections (5) and (6) apply where—
(a)a water undertaker is not, by virtue of subsection (2), the reservoir manager of all or part of a controlled reservoir,
(b)a sewerage undertaker is not, by virtue of subsection (3), the reservoir manager of a controlled reservoir.
(5)Any person who manages or operates the reservoir or any part of it, but is not the owner of the reservoir (or the part), is the reservoir manager of the reservoir (or the part).
(6)The owner of any part of the reservoir for which no person is reservoir manager by virtue of subsection (5) is the reservoir manager of the part.
(7)In this section, a reference to managing or operating a reservoir is, in relation to a reservoir which is being constructed or restored to use (within the meaning of Part 3), to be read as referring to proposing to manage or operate the reservoir.
(8)For the avoidance of doubt the Department, in carrying out or maintaining any works or taking any other action in relation to a controlled reservoir (or any part of a controlled reservoir) by virtue of its powers under the Drainage (Northern Ireland) Order 1973, is not to be regarded as managing or operating the reservoir (or part).
Part 3 · Construction or alteration of controlled reservoirs
Construction or alteration
Part 6 · Civil enforcement, emergency powers and further offences
Powers of entry
93Powers of entry#
(1)Any person duly authorised in writing by the Department may, at any reasonable time for any of the purposes in subsection (2), enter—
(a)land on which a controlled reservoir is situated,
(b)land on which a structure or area, which is to be treated by virtue of section 2(2) for the purposes of this Act as a controlled reservoir, is situated,
(c)land on which the Department considers there is a structure or area in relation to which the Department is considering making regulations under section 2(3),
(d)land on which a structure or area which previously at any time has been a controlled reservoir is situated,
(e)neighbouring or other land through which access is required in order to enter any land referred to in paragraphs (a) to (d).
(2)The purposes are to carry out an inspection, survey or other operation—
(a)to determine whether any provision of this Act applies,
(b)for the purpose of assisting the Department in giving a reservoir designation or a review, periodic re-assessment or appeal as regards a reservoir designation,
(c)to determine whether a direction under section 26(4)(a) (supervision: direction to carry out visual inspection) has been complied with,
(d)to determine—
(i)whether a measure directed in an inspection report or a pre-commencement safety recommendation has been taken (whether before or after the giving of an enforcement notice under section 71),
(ii)the period to be specified in a notice under that section,
(e)to determine whether a measure directed in a safety report has been taken,
(f)to determine whether the reservoir manager of a controlled reservoir is complying with the requirements of a preliminary certificate or final certificate,
(g)to determine whether the records required by sections 37 or 58 are being maintained,
(h)to determine whether any incident is being reported in accordance with regulations under section 56,
(i)to determine whether a flood plan is being prepared in accordance with regulations under section 57,
(j)for the purposes of section 73 (Department's power to arrange taking of safety measures),
(k)to determine what (if any) emergency measures should be taken under section 75, or for any purpose connected with taking such measures,
(l)to determine whether a stop notice should be served,
(m)to assess whether any offence under this Act may be being, or has been, committed,
(n)for the purposes of section 97 (assessment of compensation or reinstatement works).
94Warrants authorising entry#
(1)A lay magistrate may by warrant authorise any person entitled to exercise a right of entry under section 93 to do so, if necessary using reasonable force, in accordance with the warrant.
(2)A warrant may be granted under this section only if the lay magistrate is satisfied on a complaint on oath as to both of the following—
(a)that there are reasonable grounds for the exercise of the right in relation to the land concerned,
(b)that any of the following applies—
(i)the conditions in subsection (3) are satisfied,
(ii)the land is unoccupied,
(iii)the case is one of urgency.
(3)The conditions referred to in subsection (2)(b)(i) are—
(a)that the person applying for the warrant has given notice under section 95(2)(a) of the person's intention to exercise the right,
(b)that the notice period has expired,
(c)that either—
(i)permission to exercise the right in relation to the land has been refused, or
(ii)such a refusal is reasonably expected.
(4)For the purposes of subsection subsection (3)(c)(i), permission to exercise the right is to be regarded as having been refused if no reply is received within a reasonable period to a request to exercise the right.
(5)A warrant granted under this section—
(a)does not entitle a person to use force against an individual,
(b)continues in force until the purpose for which the warrant was issued has been fulfilled or, if earlier, the expiry of such period as the warrant may specify.
95Powers of entry: supplementary#
(1)A right to enter land conferred by section 93 includes a right, subject in the case of a right exercisable in accordance with a warrant to the terms of the warrant, to—
(a)take on to the land such other persons and such materials and equipment (including machinery and vehicles) as may be reasonably required for the purposes of assisting the persons,
(b)do anything else which is reasonably required in order to fulfil the purpose for which entry is taken.
(2)Except for a purpose referred to in section 93(2)(k), a person may not demand entry to land which is occupied unless either—
(a)at least 7 days' notice has been served on the occupier, or
(b)the entry is authorised by a warrant under section 94.
(3)Notice under subsection (2)(a) must—
(a)specify the purpose for which entry is required,
(b)specify so far as practicable the nature of any proposed works on the land.
(4)A person authorised by virtue of section 93 to enter land must on request produce written evidence of the authorisation.
96Offence: preventing or obstructing entry#
(1)Any person who wilfully prevents or obstructs another person entitled to enter land by virtue of section 93 (whether or not by virtue of a warrant under section 94) commits an offence.
(2)A person guilty of an offence under subsection (1)—
(a)in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,
(b)in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
97Compensation#
(1)Subject to subsection (7), the Department must pay compensation in accordance with this section where subsection (2) or (4) applies.
(2)This subsection applies where, in the exercise of a right to enter land conferred by section 93 (whether or not under a warrant under section 94) any of the following occurs—
(a)any land, other than land which is occupied by the reservoir manager, is damaged,
(b)the enjoyment of any land, other than land which is so occupied, is disturbed.
(3)Compensation under subsection (1) in respect of the damage or disturbance, where subsection (2) applies, is to be paid to—
(a)a person with an interest in the land,
(b)a person whose enjoyment of the land is disturbed.
(4)This subsection applies where in the exercise of a right to enter land conferred by section 93 (whether or not under a warrant under section 94), land occupied by the reservoir manager is damaged and the reservoir manager is not disqualified from claiming compensation.
(5)The reservoir manager of a controlled reservoir is disqualified from claiming compensation under subsection (1) in either of the following circumstances—
(a)the exercise of the right was for the purposes of section 73,
(b)the exercise of the right was for the purpose of taking measures under section 75 and the reservoir manager had not taken all practicable steps to prevent an escape of water from the reservoir.
(6)Compensation under subsection (1) in respect of the damage, where subsection (4) applies, is to be paid to the reservoir manager.
(7)The Department may agree to secure the reinstatement or partial reinstatement of the land instead of payment of compensation under subsection (1), or a combination of such reinstatement and compensation; and subject to subsection (10) any such agreement reached with a person referred to in subsection (2), or the reservoir manager, is binding on the parties to it.
(8)If the Department considers it appropriate to do so it may, in the circumstances mentioned in subsection (9), by notice served on the reservoir manager require the manager to pay the Department such amount of the following as is specified in the notice—
(a)any compensation payable under this section,
(b)any costs reasonably incurred by the Department in relation to such compensation or an agreement under subsection (7),
(9)The circumstances are where the damage or disturbance concerned occurred in the exercise of a right to enter land in either of the circumstances referred to in paragraph (a) or (b) of subsection (5).
(10)Any dispute as to a right of compensation under this section, the amount of any such compensation or costs incurred by the Department in relation to such compensation, or costs incurred by it in relation to an agreement under subsection (7), is to be determined by the Lands Tribunal.
Part 9 · General
126Supplementary, incidental, consequential etc. provision#
(1)The Department may by order make—
(a)such supplementary, incidental or consequential provision,
(b)such transitional, transitory or saving provision,
as it considers appropriate for the purposes of, or in consequence of, or for giving full effect to, this Act or any provision made by or under it.
(2)An order under subsection (1) may amend, repeal, revoke or otherwise modify any statutory provision (including this Act).
(3)In subsection (2), “modify” includes the making of additions, omissions and exceptions.
127Orders and regulations#
(1)Except where subsection (3) provides otherwise, an order made under this Act (other than an order under section 130(2)) is subject to negative resolution.
(2)Except where subsection (3) provides otherwise, regulations made under this Act are subject to negative resolution.
(3)The following regulations and orders are not to be made unless a draft has been laid before, and approved by a resolution of, the Assembly—
(a)regulations under any of the following—
(i)section 2(3) (structure or area to be treated as controlled reservoir),
(ii)section 3(1)(b) (further matters to be taken into account in making regulations under section 2(3)),
(iii)section 23(1) (further provision about matters that are to be taken into account under sections 17(3), 18(2), 20(3)(b)(ii) and 21(5)(a)),
(iv)section 27(1) (regulations as to visits by supervising engineer to high-consequence or medium-consequence reservoir),
(v)section 56(1) (incident reporting),
(vi)section 57(1) (flood plans),
(vii)section 77(1) (stop notices),
(viii)section 81(1) (enforcement undertakings),
(ix)section 83(1) (fixed monetary penalties),
(x)section 86(1) (variable monetary penalties),
(xi)section 112(1) (extension of time limit for specified summary offences),
(xii)section 114(1) (grants),
(b)an order under—
(i)section 4(1) (substituting different volume of water in certain sections),
(ii)section 120 (amending references to Institution of Civil Engineers and its President),
(c)an order under section 126(1) (supplementary, incidental, consequential etc. provision) containing provision which adds to, replaces or omits any part of the text of Northern Ireland legislation or an Act of Parliament.
(4)Any power of the Department to make an order or regulations under this Act includes power to make such supplementary, incidental, consequential, transitional, transitory and saving provision as the Department considers appropriate.
128Definitions#
(1)In this Act—• “the Department” means the Department for Infrastructure,• “notice” means notice in writing,• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954,• “the Water Appeals Commission” means the Water Appeals Commission for Northern Ireland,• “the 1975 Act” means the Reservoirs Act 1975.
(2)The expressions listed in Schedule 2 are defined or otherwise explained for the purposes of this Act by the provisions indicated in the Schedule.
130Commencement#
(1)The following provisions of this Act come into operation on the day after Royal Assent—
(a)sections 1, 2, 5, 6, 42, 93 to 97, 126 to 128 and Schedule 2,
(b)this section,
(c)section 132.
(2)The other provisions of this Act come into operation on such day or days as the Department may by order appoint.
(3)No order may be made under subsection (2) in respect of the following provisions unless a draft of the order has been laid before, and approved by a resolution of, the Assembly—
(a)section 25(1), (2), (4) and (5),
(b)in section 26—
(i)subsections (1) to (9),
(ii)subsection (10), for the purposes of sections 27 to 31 and 37,
(c)sections 27, 28 and 29,
(d)in section 30—
(i)subsections (2) to (4),
(ii)subsection (5), in so far as it defines an “inspecting engineer” as an engineer duly commissioned under section 34 to supervise the taking of a measure referred to in section 34(1)(b),
(e)sections 31(2) to (5),
(f)in section 34—
(i)in subsection (1), paragraph (b),
(ii)subsection (3),
(g)in section 35—
(i)subsections (2) and (3),
(ii)in subsection (4), paragraphs (c), (d) and (i),
(iii)in subsection (5), paragraph (b),
(iv)in subsection (6), paragraph (b),
(h)sections 36 and 37,
(i)in section 38(1)—
(i)paragraphs (a), (b), (c) and (d),
(ii)paragraph (e) (in relation to the requirements of section 34(1)(b)),
(iii)paragraph (f),
(j)in section 38(2), paragraphs (a), (b), (d) and (e),
(k)section 38(3), in relation to the following offences—
(i)an offence under section 38(1)(a), (b), (c) or (d),
(ii)an offence under section 38(1)(e) that is attributable to a failure to comply with the requirements of section 34(1)(b),
(iii)an offence under section 38(1)(f),
(iv)an offence under section 38(2)(a), (b), (d) or (e),
(l)section 39,
(m)section 40,
(n)in section 67(1), paragraph (a),
(o)sections 68 and 69, in so far as they concern the commissioning of a supervising engineer,
(p)in section 70, paragraph (a),
(q)sections 71 to 73,
(r)section 74, in relation to an offence under section 39(1),
(s)section 76, as regards costs in relation to the commissioning of a supervising engineer under section 69 and costs under section 71 or 73,
(t)sections 81 to 89,
(u)section 90, in relation to the consultation required by sections 81(2), 83(2) and 86(2),
(v)section 91, in relation to regulations under sections 81(1) and 86(1),
(w)section 92,
(x)section 98, in so far as it defines a “relevant engineer” as a supervising engineer (including a nominated representative of a supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable),
(y)section 100, in relation to failure to comply with the requirements of section 98 as respects a relevant engineer who is a supervising engineer (including a nominated representative of a supervising engineer under section 26(7)(a) who is acting as such in the event of the supervising engineer being unavailable),
(z)sections 109, 110 and 111, in relation to—
(i)an appeal by virtue of regulations under section 27(1),
(ii)an appeal under section 76 as regards costs in relation to the commissioning of a supervising engineer under section 69 and costs under section 71 or 73,
(iii)an appeal by virtue of regulations under section 81(1), 83(1) or 86(1),
(za)section 114.
(4)An order under subsection (2) may contain such transitional, transitory or saving provision as the Department considers necessary or expedient in connection with the coming into operation of any provision of this Act including, in the case of an order in respect of any provision referred to in subsection (3), such transitional or transitory modifications of this Act as the Department considers necessary or expedient in connection with any other provisions of this Act not yet having come into operation.
Schedule 2 · Index of defined expressions
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