Northern Ireland Orders in Council

as it considers to be necessary for the purpose of performing any of its functions under this Part.

    (2) The Department may publish, or permit the publication of, any data or information collected, or the results of any research carried out, by or on behalf of the Department under paragraph (1).

    (3) The Department shall provide reasonable facilities for the inspection of records of data and information collected by it, or on its behalf, in pursuance of paragraph (1)(a), and for the taking of copies of, and extracts from, those records.

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

    (4) A person shall not be guilty of an offence under paragraph (3) if - 

(a) the abandonment happens in an emergency in order to avoid danger to life or health; and

(b) notice of the abandonment, containing such information as may be prescribed, is given as soon as reasonably practicable after the abandonment has happened.

    (5) Where the operator of a mine is the official receiver acting in a compulsory capacity, he shall not be guilty of an offence under paragraph (3) by reason of any failure to give the notice required by paragraph (1) if, as soon as reasonably practicable (whether before or after the abandonment), he gives to the Department notice of the abandonment or proposed abandonment, containing such information as may be prescribed.

    (6) Where a person gives notice under paragraph (1), (4)(b) or (5), he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.

    (7) For the purposes of this Article, "abandonment", in relation to a mine, - 

(a) subject to sub-paragraph (b), includes - 


(i) the discontinuance of any or all of the operations for the removal of water from the mine;

(ii) the cessation of working of any relevant seam, vein or vein-system;

(iii) the cessation of use of any shaft or outlet of the mine;

(iv) in the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine), the discontinuance of some or all of those other activities in the mine and any substantial change in the operations for the removal of water from the mine; but



(b) does not include any disclaimer under Article 152 or 288 of the Insolvency (Northern Ireland) Order 1989 (power of liquidator, or trustee of a bankrupt's estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity.

    (8) In this Article - 

"acting in a compulsory capacity", in the case of the official receiver, means acting as - 

(a) liquidator of a company;

(b) receiver or manager of a bankrupt's estate, pursuant to Article 260 of the Insolvency (Northern Ireland) Order 1989;

(c) trustee of a bankrupt's estate;

(d) liquidator of an insolvent partnership;

(e) trustee of an insolvent partnership;

(f) trustee, or receiver or manager, of the insolvent estate of a deceased person;

"the initial period" means the period of 6 months beginning with the day on which paragraph (1) comes into operation;

"mine" has the same meaning as in the Mines Act (Northern Ireland) 1969;

"the official receiver" has the same meaning as it has in the Insolvency (Northern Ireland) Order 1989 by virtue of Article 356 of that Order;

"relevant seam, vein or vein-system", in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.

    (2) In this Article - 

"regulations" - 

(a) in relation to any Community obligation, means regulations made by the Department; and

(b) in relation to any international agreement, means regulations made by the Secretary of State;

"related right", in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.

it may by order made subject to affirmative resolution repeal, amend or adapt that Act to such extent, or in such manner, as it considers appropriate.

    (2) In this Article "Act" includes an Act of the Parliament of the United Kingdom.

"canal scheme" means a scheme prepared under Article 42(1);

"the Department" means the Department of Agriculture;

"premises" includes any land, vehicle or vessel;

"regulations" means regulations made by the Department;

"specified canal" has the meaning assigned to it by Article 42(5).

    (2) The Department shall, in exercising its functions under any statutory provision relating to drainage, have regard to the matters set out in sub-paragraphs (a) to (f) of paragraph (1).

    (3) In Article 11(2)(d) of, and paragraph 5(2) of Schedule 7 to, the Drainage Order for "section 2(2) of the Water Act (Northern Ireland) 1972" there shall be substituted "Article 40(2) of the Water (Northern Ireland) Order 1999".

(a) in relation to a specified canal, undertake, construct and maintain all such canal works and do all such things as are mentioned in Schedule 4;

(b) reconstruct any works interfered with under the powers of a canal scheme, or construct new works in lieu thereof either in the same or a different place or position.

    (2) The power conferred by paragraph (1)(a) to survey land includes power - 

(a) to sink boreholes; and

(b) to survey land for the purpose of determining whether it is appropriate or practicable for the Department to exercise any of its powers under this Part.

    (3) Subject to paragraph (4), the Department may temporarily close any waterway.

    (4) The Department, before closing any waterway, shall, except in the case of an emergency, give to all persons likely to be affected by the closure, such notice as is reasonably practicable.

    (5) Where the Department considers it appropriate, it may - 

(a) carry out any experimental, advisory, research or development work either in relation to waterways generally or in relation to any particular problem relating to waterways;

(b) enter into a contract or arrangement with any person for the carrying out of any such work;

(c) make grants by way of contribution towards the cost of any such work undertaken by any person.

but nothing in the arrangement or agreement shall diminish in any respect any responsibility of any party for any act or thing done by it or on its behalf.

    (3) A scheme under paragraph (1) shall specify - 

(a) the extent of the works to be carried out; and

(b) the manner in which, and the persons by whom and in what proportion, the cost of carrying out the scheme and of maintaining or operating anything constructed thereunder are to be borne.

    (4) For the purposes of carrying into effect in Northern Ireland any scheme under paragraph (1), the Department or any agent authorised by it to act on its behalf may carry out any such works as are referred to in Article 43(3)(a) to (d), and the Department may, without prejudice to any other provision of this Article, exercise any power exercisable by it under any other provision of this Part or the Drainage Order.

    (5) Nothing in this Article or in any scheme, arrangement or agreement made thereunder shall - 

(a) prejudice the application of any provision of this Part in relation to any waterway, or part of a waterway, which is in Northern Ireland; or

(b) prevent the Department from preparing and carrying into effect any canal scheme under this Part, or exercising any other function under this Part or the Drainage Order, in relation to so much of any waterway as is in Northern Ireland;

    (2) Where the Department desires to acquire, otherwise than by agreement, any land for any purpose referred to in paragraph (1) the Department may make an order (in this Article referred to as a "vesting order") vesting such land, in the Department.

    (3) Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall apply, subject to the modifications specified in Schedule 3 to this Order, for the purpose of the acquisition of land by means of a vesting order under this Article as it applies for the purpose of the acquisition of land by means of a vesting order under that Act.

    (4) Nothing in section 5 of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 (which relates to the taking and disposal of land for the public services) shall affect the disposal of any land acquired or taken on lease by the Department under this Article.

    (5) The power to make a vesting order under this Article in respect of land - 

(a) which is the property of any public body which has power under any statutory provision to acquire land compulsorily; or

(b) which is declared by or under any statutory provision to be inalienable,

shall not, where representations objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal for making the order has been approved by a resolution of the Assembly.

    (6) In paragraph (5) "public body" means a body established by or under any statutory provision.