Article 13(3)(d)

[F1SCHEDULE 2CENVIRONMENTAL FACTORS TO BE TAKEN INTO ACCOUNT

Account shall be taken in particular of the direct and indirect effects of the drainage works on the following factors—

(a)human beings, fauna and flora;

(b)soil, water, air, climate and the landscape;

(c)material assets and the cultural heritage; and

(d)the interaction between the factors mentioned in heads (a) to (c).]

Articles 10(3) and 16(3).

SCHEDULE 3 F1MODIFICATION OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 10

1.  References to the Ministry or to the Council shall be construed as references to the Ministry within the meaning of this Order.

2.  References to the said Schedule 6 shall be construed as references to that Schedule as modified by this Schedule.

3.  Paragraph 1 shall be omitted.

4.  In paragraph (2)—

(a)for the words from the beginning to “directs,” there shall be substituted the words “Where the Ministry proposes to acquire land otherwise than by agreement, it shall give notice of its intention to do so, and such notice”; and

(b)in sub-paragraph ( c), for the words “as may be prescribed” there shall be substituted the words “as the Ministry considers fit”.

5.  In paragraph 3(1)(ii), for the word “refuse” there shall be substituted the words “decide not”.

6.  In paragraph 4, the words from “and may provide” to the end of the paragraph shall be omitted.

7.  In paragraph 5—

(a)in sub-paragraph (1)( a), the words “in the prescribed form and manner” shall be omitted;

(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), the words “in the prescribed form” shall be omitted; and

(d)in sub-paragraph (2), for the words “as may be prescribed” there shall be substituted the words “as the Ministry 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” there shall be substituted the words “Consolidated Fund” and for the words “out of the Compensation Fund” there shall be substituted the words “made by the Ministry”.

9.  In paragraph 11(3), the words “in the prescribed form” shall be omitted.

10.  In paragraph 12—

(a)in sub-paragraph (1), the words “such” and “as may be prescribed” shall be omitted;

(b)in sub-paragraph (2), for the words from “clerk” to “directs” there shall be substituted the words “Ministry as correct, and shall publish”.

11.  In paragraph 14(1), the words “in the prescribed form” shall be omitted.

12.  In paragraph 15(1), for the words “in the prescribed form” there shall be substituted the words “in such form as the Ministry may approve”.

13.  Paragraph 19 shall be omitted.

14.  In paragraph 20, sub-paragraph (2) shall be omitted.

Article 22(2) and paragraph 13(2) of Schedule 7.

SCHEDULE 4PROCEDURE FOR MAKING BYE-LAWS

1.  Before making any bye-laws under Article 22, the Ministry shall prepare a draft of the bye-laws and publish in the Belfast Gazette, and at least once in two successive weeks in one or more newspapers, a notice—

(a)stating the general effect of the bye-laws;

(b)specifying a place where a copy of the draft bye-laws may be inspected free of charge at all reasonable times during the period of twenty-eight days beginning with the date of the first publication of the notice in a newspaper;

(c)stating that any person may, within that period, by notice in writing to the Ministry, object to the making of the bye-laws.

2.  The Ministry shall, at the request of any person, furnish him with a copy of the draft bye-laws on payment of such reasonable sum as it may determine.

3.  The Ministry may make the bye-laws in the terms of the draft or in those terms altered in such manner as it considers fit; but, where the Ministry considers that any persons may be adversely affected by any significant alterations, the Ministry shall publish such notices as appear to it to be necessary for informing those persons of the effect of the alterations.

4.  If, before the end of the period of twenty-eight days mentioned in paragraph 1 or, where the Ministry has published a notice under paragraph 3, within such further time as the Ministry may consider reasonable, notice in writing of an objection is received by the Ministry from any person appearing to it to be a person who may be adversely affected by the bye-laws as prepared in draft or as proposed to be altered, the Ministry, before making the bye-laws, shall, unless the objections are met or withdrawn or it is satisfied that they are solely of a frivolous or vexatious nature, either—

(a)cause an independent inquiry to be held; or

(b)afford to the objector an opportunity of appearing before, and being heard by an independent person appointed by the Ministry for the purpose.