Water Appeals
Background
The Water Appeals Commission (WAC) was established in 1973 and presently consists of the Chief Commissioner, Deputy Chief Commissioner and all other full-time Commissioners of the Planning Appeals Commission. Its proceedings are governed by The Water and Sewerage Services (NI) Order 1973 as amended, although there are no detailed procedural rules to be followed. The WAC currently has 7 functions under this legislation, 11 functions under the Water (NI) Order 1999 as amended, 4 functions under the Water and Sewerage Regulations (NI) 1973, 3 functions under the Drainage (NI) Order 1973, 3 functions under the Drainage (Environmental Impact Assessment) Regulations (NI) 2001, 11 functions under the Fisheries Act (NI) 1966, and 3 functions under other legislation.
To view a full range of WAC functions, click here: WAC Functions
How to appeal
Appeal forms are available and appeals must be made within specified time limits. Appeals may arise from decisions of the Department of Regional Development (DRD), the Department of the Environment (DoE), the Department of Agriculture and Rural Development (DARD) and the Department of Culture Arts and Leisure (DCAL).
Procedures
Although there is no legislative right of a hearing the Commission offers both the regulatory body and the appellant the opportunity of being heard. In practice most appeals are dealt with by means of written representation and often an accompanied site visit. For major cases an assessor may be appointed by the Chief Commissioner, following consultation with the Commission and the relevant Departments, to assist and advise the Commission on technical issues.
The following is a summary of Water Appeal procedures.
In practice most appeals are determined by the appointed Commissioner but the relevant legislation may require that the final decision is taken by the Commission as a whole on the basis of a majority vote following consideration of the appointed Commissioner's report. The decision of the WAC may be varied by the relevant Department (eg Department of the Environment or Department of Agriculture and Rural Development) or substituted by a new decision. Before there is any variation or substitution the relevant Department must invite representations from the appellant and other interested parties. In practice the majority of the Commission's decisions are accepted by the relevant Department.
For guidance on procedure relating to Water Appeals please click here: Water Appeals Guidance Notes
Further Information
If you require further information about Water Appeals please contact the Commission at:
Water Appeals CommissionPark House
87-91 Great Victoria Street
Belfast.
BT2 7AG
Tel: 028 90244710
Fax: 028 90312536
E-mail: info@pacni.gov.uk
