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Statutory Authority

The powers delegated to the Rivers Agency by the Department of Agricultural and Rural Development as the statutory Drainage and Flood Defence authority for Northern Ireland derive from the Drainage (NI) Order 1973 as amended.

Enabling Legislation

The Drainage (Northern Ireland) Order 1973 The legislative basis for carrying out watercourse maintenance work and flood defence schemes.
The Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955, Sets the statutory duty to regulate the levels of the Lough within prescribed limits as far as weather permits.
The Lough Neagh  Drainage (Amendment) Act 1970, Extended the Department's obligation to take account of other interests with regard to Lough level management.
The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2006, Applies to all drainage and flood defence proposals and ensures an assessment of the environmental impact and public consultation on all drainage works and schemes.
The Drainage (Amendment) (Northern Ireland) Order 2005
Gives the Department two new powers namely:
  • A power to make orders to dissolve drainage trusts; and
  • A power to make regulations to charge for drainage infrastructure works to facilitate development.
The Drainage Trusts (Dissolution) Order (Northern Ireland) 2006 Dissolves the drainage trusts listed in the schedule and extinguishes all rights, duties, obligations, and liabilities arising under the trusts.  The Order also provides for the department to dispose of any property forming part of the trusts and to put the funds to the Consolidated Fund

Other Relevant Legislation

The Water (Northern Ireland) Order 1999 Requires the Department to have regard for environmental factors when carrying out functions under Drainage Legislation

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