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LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - LONG TITLE

An Act to make provision for lowering the levels of Lough Neagh
and with respect to drainage and navigation matters arising in
connection therewith and with the Lower Bann, and for purposes
connected with the matters aforesaid{1}.
[11th July 1955]
WHEREAS the consent of the Minister of Transport and Civil Aviation
to this Act has been obtained so far as the same is required by
the provisions of sub-section (1) of section nine of the Northern
Ireland (Miscellaneous Provisions) Act, 1932:

And whereas the Clerk of the Parliaments has certified accordingly
pursuant to the Legislative Procedure Act (Northern Ireland), 1933:

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 1
Scheme for controlling Lough Neagh at lower levels.

1.(1) For the purposes of

(a)lowering the waters of Lough Neagh (in this Act referred to as
"the Lough") from the levels at which they have been hitherto
generally maintained to such other level or levels as will

(i)reduce flooding caused by the waters of the Lough or by any
waters discharging into the Lough; and

(ii)facilitate the execution under the provisions of the Drainage Act
(Northern Ireland), 1947, of effective drainage schemes on
watercourses discharging into the Lough and on tributaries of such
watercourses;

(b)maintaining the waters of the Lough at such lower level or
levels;

(2) The Ministry may also prepare and operate, in accordance with
and subject to the provisions of this Act relating to schemes, any
further scheme or schemes supplementing or modifying any scheme made
by virtue of the powers conferred by this Act.

(3) A scheme may contain such particulars and be in such form as
the Ministry thinks fit, and, in particular, may contain such
provisions as the Ministry considers necessary for the protection of
rights or interests affected by the scheme.

(4) Every mention or reference contained in this Act of or to a
scheme shall be construed as including every map, drawing, plan,
section, schedule and other document annexed to such scheme.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 2
Notification of scheme, etc.

2.(1) When the Ministry has prepared a scheme it shall

<[(a)send a copy to the Ministry of Commerce, the Ministry of Development, the Department of Trade and Industry, the Drainage Council for Northern Ireland and to every district council;]

(b)...

(c)publish in the Belfast Gazette and such one or more newspapers
as it shall consider appropriate a notice stating that the scheme
has been prepared and also stating the place or places at which
and the period, not being less than one month, during which a copy
of the scheme will be available for inspection. Every notice so
published shall contain a statement that any person who considers
that his interests will be prejudicially affected by the scheme may
at any time within the said period send to the Ministry all such,
if any, observations in regard to the scheme as he shall think
proper.

(2) Every [district council] to which a copy of a scheme is sent
by the Ministry in pursuance of this section

(a)shall cause that copy to be exhibited in their principal offices
or other convenient place during the period specified in that behalf
in the notice relating to such scheme published in pursuance of
sub-section (1) and shall permit such copy to be inspected during
office hours by any person claiming to be interested therein; and

(b)shall examine and consider the scheme of which the copy is a
copy; and

(c)may, at any time within the period specified in paragraph (c) of
sub-section (1), send to the Ministry such observations in regard to
the scheme as the [district council] shall think proper.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 3
Confirmation and commencement of scheme.

3.(1) After the expiration of the period mentioned in paragraph (c)
of sub-section (1) of section two the Ministry may, after
considering such observations sent to it as aforesaid and after
holding such inquiry, if any, as the Ministry thinks proper, by
order confirm the scheme in whole or in part and either without
modifications or with such modifications (which may include additions,
omissions and variations) as the Ministry thinks proper or may,
without prejudice to the making of a new scheme, decline to confirm
the scheme.

(2) The Ministry may by order prescribe the date on and from which
a scheme made under this Act shall be put into operation.

(3) Notice of the making of an order under this section shall be
published in the Belfast Gazette and any such one or more
newspapers as the Ministry may consider appropriate.

(4) An order under this section shall be subject to negative
resolution.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 4
Carrying out of scheme.

4. When the Ministry has made an order confirming a scheme, the
Ministry may proceed to execute the scheme, and, without prejudice
to any other provision of this Act, for that purpose the order
shall confer on the Ministry power

(a)to construct, execute, and complete such works, if any, as may
be specified in the scheme and any compensatory works arising out
of the scheme with such additions, omissions and variations as may
be found expedient in the course of any such works;

(b) to construct, execute and complete such remedial or other works
as the Ministry may consider necessary in order to secure the due
execution and operation of the scheme or of any compensatory works;

(c)for the purpose of the due execution and operation of the scheme
to do all or any of the following things, that is to say:

(i)take from any land any earth, sods or other material required
for the said purpose;

(ii)deposit on any land all spoil or other material obtained in the
course of such works; and

<(iii)utilise or dispose of any earth, sods, gravel, stone, rock or other material removed in the course of such works.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 5
Further powers of the Ministry.

5.(1) For the purpose of carrying this Act into effect or for the
purposes of carrying out any of its statutory functions in relation
to the Lough or to the Lower Bann or to the drainage or
navigation thereof (including the settlement of claims for
compensation and the carrying out of compensatory works) the Ministry
may subject to the provisions of this Act

(a)acquire either by agreement or compulsorily in accordance with the
provisions of this Act or take on lease any land;

(b)dispose of any land for the time being vested in it;

(c)acquire either by agreement or compulsorily in accordance with the
provisions of this Act any fisheries, water rights, navigation or
other rights;

(d)enter and carry out works on any land;

(e)restrict, terminate, or otherwise interfere with easements,
fisheries, water rights, navigation or other rights; or

(f)maintain any works constructed or used for the purposes of this
Act.

(2) The Ministry, where it desires to acquire otherwise than by
agreement any land or any such right or interest as is referred to
in paragraph (c) of sub-section (1) shall have power to make an
order (in this Act referred to as a "vesting order") vesting such
land, right or interest in the Ministry.

[(3) For the purposes of this section, paragraphs (3) and (4) of
Article 10 of, and Schedule 3 to, the Drainage (Northern Ireland)
Order 1973 shall have effect as if enacted in this Act.]

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 6
Future liabilities for Lough Neagh Drainage and Navigation.

6. Subs.(1)(2) rep. by 1973 NI1 art.45 sch.10

(3) As from such date as the Ministry may by order prescribe for
the purposes of this sub-section, all liabilities, if any, of the
Ministry as successor ..., to the Lower Bann Navigation Trustees for
any dredging or navigation work shall cease, except and in so far
only as the Ministry is liable, as successor to the Lower Bann
Navigation Trustees, for

(i)the dredging of the channels and the maintenance of navigation
posts or marks at the entrance to the Lower Bann River from the
Lough;

(ii)the dredging of the channels and the maintenance of navigation
posts or marks at the entrance to the Sixmilewater River from the
Lough and extending up the Sixmilewater River to the boundary
between the townlands of Half Umry and Town Parks in the Baronies
of Toome Upper and Antrim Upper and County of Antrim; and

<(iii)the maintenance, subject to and in accordance with the provisions of this Act, of inland navigation in the Lower Bann.

(4) An order under this section shall be subject to negative
resolution and may contain such provision with respect to the future
ownership of bridges, culverts, weirs, sluices and other works
heretofore vested in the Ministry and such transitional and other
provisions as appear to the Ministry to be necessary.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 7
Compensation.

7.(1) Where any person suffers any loss or damage by reason of

(a)the preparation or carrying into effect of a scheme under this
Act; or

(b)the exercise of any power exercisable under paragraph (d) or (e)
of sub-section (1) of section five; or

(c)the cessation by virtue of sub-section (3) of section six of any
liability of the Ministry, as sucessor to the Lower Bann Navigation
Trustees, to carry out certain functions with respect to navigation;
or

(d)the exercise by the Ministry or by any person authorised by it
of any power exercisable under section twelve;

(2) In lieu of paying compensation the Ministry may by agreement
construct or repair works or provide facilities to prevent or make
good any loss or damage to which the provisions of sub-section (1)
apply or would otherwise apply; so, however, that in the event of
such construction, repair or provision affording or appearing likely
to afford any additional or improved advantages, facilities or rights
the Ministry may enter into agreement with any person whereby a
fair proportion of the cost incurred by the Ministry in connection
with such construction, repair or provision shall be borne by that
person.

(3) Every claim for compensation under this Act

(a)shall be made in writing to the Ministry not later than

(i)where the claim is in respect of loss of or damage to a
fishery or fishing right, ten years from the relevant date; and

(ii)in any other case, three years from the relevant date;

(a)and such details of the claim as the Ministry may require shall
be furnished in writing to the Ministry within such further period
as the Ministry may reasonably determine as being necessary for the
expeditious disposal of claims; and

(b)shall, in default of agreement, be [referred to and determined by
the Lands Tribunal].

(4) In computing the amount of reasonable compensation under this
Act the Ministry may allow a sum in respect of the cost of the
employment of any solicitor and may allow a sum in respect of the
cost of the employment of any engineer, surveyor, accountant or
valuer where the Ministry is satisfied that such employment has been
necessarily and properly incurred in connection with the preparation
of a claim for compensation but save as aforesaid costs shall not
be payable by the Ministry in respect of claims for compensation.

(5) In this section and in section nine "relevant date" means, in
relation to any claim for compensation

(a)where the claim arises in consequence of an order made under
sub-section (3) of section six, the date of that order; and

(b)where the claim arises out of a scheme, the date prescribed
under section three as the date on which the scheme shall be put
into operation; and

(c)where the claim arises under any of the other provisions of this
Act, the date on which the loss or damage occurred.

S.8 rep. by 1964 c.29 (NI) s.21 sch.3

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 9
Matters to be regarded in assessing compensation.

9. When assessing compensation, [the Lands Tribunal] shall in every
case have regard to any benefit to any property (whether such
property is or is not the property in respect of which such
compensation is claimed) of the person claiming such compensation
which is occasioned by or may reasonably be expected to arise from
the carrying into effect or operation of a scheme and, in
particular, [the Lands Tribunal]

(a)shall, in the case of a claim in respect of the navigation of
any waterway, have regard to the extent to which that waterway was
used by the person claiming for purposes of navigation during the
ten years immediately preceding the relevant date, or during such
longer period as the Ministry may in any case agree; and

(b)shall, in the case of a claim in respect of water rights, have
regard to any alternative water supply provided by the Ministry; and

(c)shall, in the case of a claim in respect of water or a
watercourse providing power for a mill or other industrial concern
or for domestic purposes have regard to the extent to which the
power so provided was used during the ten years immediately
preceding the relevant date, and shall also have regard to any
alternative source of power provided by the Ministry or otherwise
available to the claimant.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 10
Noxious weeds.

10. Notwithstanding any enactment or rule of law to the contrary
the deposit by the Ministry on any land not the property of the
Ministry of spoil or other material excavated in the course of the
carrying out of works or the uncovering of any lands formerly
covered by the Lough shall not render the Ministry subject to any
civil or criminal liability in respect of any noxious weeds which
may grow on such deposit or on any such land uncovered.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 11
Offences.

11.(1) Every person who

(a)dredges sand, gravel, soil or any other substance within one
hundred yards of any work constructed or maintained by the Ministry
... under this Act, or who pulls down, removes or injures any such
work; or

(b)moors any vessel to or at any such work otherwise than to a
post or ring specially provided by the Ministry for the mooring of
vessels; or

(c)wilfully obstructs any officer or servant of the Ministry in the
exercise of any powers or the performance of any duties of the
Ministry under this Act, or any person engaged in the construction
of any works in pursuance thereof; or

(d)pulls down, removes or injures any works in course of
construction or constructed in pursuance of this Act; or

(e)removes, injures or defaces any pegs, poles or marks placed or
made by any authorised person for the purpose of, or in connection
with, the construction of any works as aforesaid; or

(f)places any solid matter in, or causes or permits any solid
matter to fall or pass into, any watercourse in respect of which
any works are about to be or are in course of being constructed
as aforesaid; or

(g)obstructs the flow of water to, through or from, any works
constructed as aforesaid in such manner as to prevent or hinder the
efficient operation thereof, or to cause flooding of such works or
any lands drained thereby;

(2) Any person guilty of an offence under this section shall be
liable on summary conviction thereof to a fine not exceeding fifty
pounds, or at the discretion of the court to imprisonment for any
term not exceeding six months or to both such fine and
imprisonment, and shall also, in the case of a continuing offence,
be liable to a fine (in addition to any such fine as aforesaid)
not exceeding five pounds for every day during which the offence
continues.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 12
Entry on land.

12. For the purposes of enabling the Ministry to exercise any power
or perform any duty conferred or imposed on it by this Act or
otherwise for the purpose of carrying the provisions of this Act
into effect, any person authorised in that behalf by the Ministry
may, on production (if so required) of his authority, enter on and
inspect any land and there carry out such works and do such other
things as appear to be reasonably necessary or expedient for any of
the purposes aforesaid.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 13
Protection of fisheries.

13. The Ministry in carrying the provisions of this Act into effect
shall, after consultation with the Ministry of Commerce, take such
precautions and make such provisions as the Ministry may consider
adequate for the protection of and avoidance of injury to fisheries
and fish life, so, however, that the Ministry shall not be required
to take such precautions or make such provisions as the Ministry
considers would prevent or unduly hinder the carrying into effect of
the provisions of this Act.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 14
Provision as to bridges and roads.

14.Subs.(1)(2) rep. by 1973 NI 1 art.45 sch.10; SLR 1976

(3) The appropriate transferees may replace any swing or swivel
bridge in respect of which liabilities are transferred to them under
this section by a fixed bridge having such minimum height, span and
other dimensions and number of arches as the Ministry of Commerce,
after consultation with the Ministry, may approve and where such
fixed bridge is so provided the Ministry shall pay compensation to
any person who suffers any loss or damage by reason of such
replacement operating to restrict any right of navigation theretofore
exercised by him.

(4) Every claim for compensation under sub-section (3) shall be made
in writing to the Ministry not later than three years from the
date certified by the appropriate transferees as the date of the
completion of such replacement and such details of the claim as the
Ministry may require shall be furnished in writing to the Ministry
within such further period as the Ministry may reasonably determine
as being necessary for the expeditious disposal of claims.

(5) Any dispute arising with respect to any property, rights or
liabilities transferred, restricted or extinguished, or obligations
imposed, or compensation or expenses payable, under this section
shall be [referred to and determined by the Lands Tribunal].

(6) An arrangement under this section shall have effect
notwithstanding anything to the contrary contained in any existing
transferred provision with respect to inland navigation.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 15
Lower Bann byelaws.

15.(1) The Ministry may, after consultation with the Ministry of
Commerce, make byelaws for and in connection with the Lower Bann
and the navigation thereof and in particular for any of the
following purposes, that is to say:

(a)regulating the use of the Lower Bann and preventing the improper
use thereof by navigation;

(b)preventing the improper use of any banks of the Lower Bann or
any works constructed ... under this Act or preserving any such
banks or works from damage or destruction;

(c)regulating the opening of any locks or the operation of any
other works forming part of the Lower Bann Navigation.

(2) A byelaw may empower the Ministry to require any person at his
own expense to remove from the Lower Bann any obstruction or thing
left by him therein or any tree or other matter or thing on land
in his occupation which is causing or is likely to cause any
impediment to the free flow of water in the Lower Bann or to
navigation thereon or which is or may become a source of danger to
any works constructed under a scheme.

(3) The Ministry may by any byelaws impose on any person who
neglects or fails to comply with any provision thereof such
reasonable penalties as the Ministry thinks fit, not exceeding the
sum of [#20] for each offence, and in the case of a continuing
offence a further penalty not exceeding [#5] for each day after
written notice of the offence has been given.

(4) Every penalty recoverable under the provisions of any such
byelaw shall be recoverable on summary conviction.

(5) The prosecution or conviction of any person for an offence
against any byelaw shall not prejudice or affect any civil or other
liability of that person which may arise by reason of any act or
omission constituting that offence and shall not prejudice or affect
any liability of that person arising under any other statutory
provision by reason of such act or omission.

(6) All byelaws shall be subject to negative resolution.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 16
Financial provisions.

16.(1) All expenditure which the Ministry, after consultation with
the Ministry of Agriculture, may certify as having been incurred by
the Ministry in or in connection with the preparation or carrying
into effect of a scheme (in this section called "scheme
expenditure") shall, in the first instance and subject to the
provisions of sub-section (3), be defrayed out of moneys provided by
Parliament, or, if the Ministry thinks fit, out of the Consolidated
Fund, so, however, that the amount to be defrayed out of the
Consolidated Fund shall not exceed one hundred and fifty thousand
pounds.

(2) Expenditure incurred by the Ministry under this Act other than
scheme expenditure shall be defrayed out of moneys provided by
Parliament.

(3) All scheme expenditure shall be recouped to the Ministry by the
Ministry of Agriculture at such times and in such manner as the
Ministry may direct as if it had been expenditure incurred by the
Ministry as the agent of and on behalf of the Ministry of
Agriculture in carrying the provisions of [the Drainage (Northern
Ireland) Order 1973], into effect and scheme expenditure so recouped
by the Ministry of Agriculture shall be deemed to be expenditure
incurred by that Ministry in carrying the provisions of that Act
into effect and, as such, to be expenditure towards which
contributions shall be paid by the council of each county or county
borough under section twenty-three of that Act; and the said section
twenty-three shall have effect accordingly.

(4) The Ministry may borrow money for the purposes of providing
issues out of the Consolidated Fund under sub-section (1) and moneys
so borrowed shall be repaid within any period or periods not
exceeding twenty-five years from the date of borrowing and provision
for such repayment may be made out of moneys provided by
Parliament.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 17
Saving for powers of Minister of Transport and Civil Aviation, etc.

17.(1) None of the administrative powers conferred by this Act on
the Ministry shall be taken to authorise any matter or thing to be
done without the consent of the Minister of Transport and Civil
Aviation in any case where that consent is required to be obtained
by virtue of sub-section (2) of section nine of the Northern
Ireland (Miscellaneous Provisions) Act, 1932.

(2) The expression "Act of Parliament" in section seven of the
Telegraph Act, 1878 (which makes provision as to work done in
pursuance of Acts of Parliament which involve alteration in
telegraphic lines) shall be construed as including a scheme under
this Act.

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 18
Interpretation.

18. In this Act

["Lands Tribunal" means the Lands Tribunal for Northern Ireland;]

"Lough Neagh" includes the waters thereof;

"Lough Neagh drainage district" means the district of Lough Neagh as
defined in the drainage award made by the Commissioners of Public
Works in Ireland dated the fourth day of April, eighteen hundred
and fifty-nine ...;

"prescribed" means prescribed by the Ministry;

"transferred provision" has the same meaning as in paragraph (g) of
section one of the Interpretation Act (Northern Ireland), 1954; and

"works" include compensatory or remedial works.

S.19 rep. by 1973 NI 1 art.45 sch.10

LOUGH NEAGH AND LOWER BANN DRAINAGE AND NAVIGATION ACT (NORTHERN
IRELAND) 1955 - SECT 20
Short title.

20. This Act may be cited as the Lough Neagh and Lower Bann
Drainage and Navigation Act (Northern Ireland), 1955.

Schedule rep. by 1973 NI 1 art.45 sch.10