Northern Ireland Legislation


Legislation relevant to the disposal of aqueous effluent in Northern Ireland

The following items of primary legislation control water quality in Northern Ireland, to view the Act click on the relevant link or visit the Office of Public Sector Information (OPSI) websiteOpens in new window.:

In addition there are a number of regulations, which transpose European Directives into Northern Ireland Law.

Of the primary legislation the following have a direct bearing on the control of effluent discharges:

  • Foyle Fisheries Act 1952
  • Fisheries Act 1966

Both Acts make it an offence to discharge deleterious matter into waters, which impacts on fish, or spawning grounds.

The Water (NI) Order (WO) 1999
  

Article 4 (1) of the WO requires the Department of Environment (DOE) to:

  • Promote the conservation of the water resources of Northern Ireland
  • Promote the cleanliness of water in waterways and underground strata.

Article 4 (2) sets down the matters to be taken into account by the DOE when exercising its function under the Act and includes:

  • The needs of industry and agriculture
  • The protection of fisheries
  • The protection of public health
  • The preservation of amenity and the conservation of flora and fauna
  • The conservation of geological and physiographical features of special interest and any feature of archaeological, historical, architectural or traditional interest.

Under Article 9, the consent of Northern Ireland Environment Agency, an Agency within the DOE, is required to make any discharge into a waterway or underground of trade or sewage effluent or any poisonous, noxious or polluting matter not covered by trade or sewage.

The term "trade effluent" is defined as:

'any liquid, either with or without particles of matter in suspension therein, which is discharged from premises used for carrying on any trade or industry, other than storm water or domestic sewage'.

The term "sewage effluent" is defined as:

'effluent from any works, apparatus (including a septic tank) or plant used for the treatment or disposal of sewage'.

The term "waterway" is defined as:

'any river, stream, watercourse, inland water (whether natural or artificial) or tidal waters and any channel or passage of whatever kind (whether natural or artificial) through which water flows'.

There are a number of exclusions listed which cover waters beyond three international nautical miles, public sewers or sewage treatment works, main or service pipes and drains or road drains where the term "tidal waters" is defined as: the sea and the waters of any enclosed dock which adjoins the sea.

The term "underground strata" is defined as:

'strata subjacent to the surface of any land, and any reference to water contained in any underground strata is a reference to water so contained otherwise than in a public sewer, pipe, reservoir, tank or underground works contained in any such strata'.

Article 7 of the WO makes it an offence, whether knowingly or otherwise, to discharge or deposit any poisonous, noxious or polluting matter so that enters a waterway or water in any underground strata.

Groundwater Legislation

There is a wide range of European and local legislation which covers various aspects of groundwater protection and management. A list of relevant legislation can be found in the Policy and Practice for the Protection of Groundwater in Northern Ireland(.PDF 1.31Mb)Opens in new window..

Under the Water (Northern Ireland) Order 1999 there exist powers to make regulations for the control of water abstraction. Currently there is no water abstraction licensing system operating in Northern Ireland.

The Groundwater Regulations (NI) 1998 are designed for the control of discharges of List I and List II substances to groundwater.

Regulations to control the impact of nitrates from agricultural sources on groundwater are contained within 'The Protection of Water Against Nitrate Pollution Regulations (NI) 1996'. and the amendments 1997.