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Further guidance notes relating to Watermain Requisitions

NIW Extranet (eStream) – Terms of Use

NIW Extranet (eStream) – Terms of Use

Introduction

1. NI Water’s Extranet currently called “eStream” (eStream) is the primary means by which information is shared between you (as user) and your organisation (as Licensee) on the one hand and NI Water on the other hand.

2. These Terms of Use set out the terms and conditions under which access to, and use of, eStream is permitted, and provides guidance on the processing and disclosure of content made available via eStream.

3. By using eStream, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use eStream. NI Water recommends that you print a copy of these Terms of Use for future reference.

4. NI Water reserves the right to amend these Terms of Use from time to time. Every time you wish to use eStream, please check these Terms of Use to ensure you understand the terms that apply at that time.

Access and Use

5. Access to eStream is provided by NI Water strictly on the basis of business need and following receipt by NI Water of a duly executed Licence Agreement between NI Water and the relevant Licensee, and is made available by NI Water solely on a designated and named user basis. NI Water retains the right to decide who will have access at any time to eStream and can terminate access at any time for any reason. In such circumstances, NI Water will not be liable for any losses (direct, indirect, consequential or otherwise) that may be suffered by any person as a result. NI Water does not publish a list of Licensees or users who have access to eStream.

6. Access criteria are based around the relevant Licensee and the user’s role within that Licensee. It is likely that if you leave that Licensee or your role within it changes, your access to eStream will be terminated.

7. To access eStream, you will be supplied with a username and password by NI Water. These should be kept confidential and must not be shared with any other person, either within the Licensee or outside.

8. Access to eStream is via any modern, supported web browser.

9. You may not probe, scan or test eStream for vulnerabilities, or breach or attempt to breach the security or authentication measures on eStream, or attempt to prove a weakness exists.

10. You may not use eStream or its content:

  • in any way that breaches any applicable local, national or international law or regulation; or
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
  • for the purpose of harming or attempting to harm minors in any way; or
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with NI Water’s content standards below; or
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
  • in any way that does not meet the business needs of either the relevant Licensee or NI Water.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of eStream in contravention of the provisions of these Terms of Use; or
  • not to access without authority, interfere with, damage or disrupt any part of eStream, or any equipment or network on which eStream is stored, or any software used in the provision of eStream, or any equipment or network or software owned or used by any third party.

11. If you change your personal or organisational details, you must tell NI Water immediately.

12. Once you are logged on to eStream, if you intend to leave your device unattended, you must log out of your account.

13. If you suspect a security breach of either eStream or its content has occurred, you should bring it to the attention of your usual NI Water contact immediately.

Handling eStream Content

14. Content may be printed from eStream, but care should be taken of the hard-copy document so created. Do not print content at locations that are not secure. Any content printed must be stored in locked drawers or cupboards, and securely disposed of when no longer required.

Functionality

15. Provided NI Water has been advised of a valid email address for you, you will be able to decide, as appropriate, which type of email alert you wish to receive.

16. A number of forms have been provided on eStream, including one to report an incident and one to update your details.

Content

17. NI Water operates a Protective Marking scheme that is designed to indicate the level of protection required to help prevent the compromise of sensitive material. The underlying principle is that the consequence of compromise is clearly indicated by the Protective Marking applied, ranging from the baseline marking ‘Official’ to ‘Official - Sensitive’.

18. N.B. There is no requirement to mark routine ‘Official’ information.

19. While you should not come across content on eStream that is highly protectively marked, you should be aware that some content may be sensitive and has been published on eStream to limit its circulation.

20. The content standards set out in this provision apply to any and all material which you contribute to eStream, and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts); and
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted

Contributions must NOT:

  • contain any material which is defamatory of any person; or 
  • contain any material which is obscene, offensive, hateful or inflammatory; or
  • promote sexually explicit material; or
  • promote violence; or
  • promote discrimination based on race, gender identity, religion, nationality, disability, sexual orientation or age; or
  • infringe any copyright, database right or trade mark of any other person; or
  • be likely to deceive any person; or
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • promote any illegal activity; or
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; or
  • be likely to harass, upset, embarrass, alarm or annoy any other person; or
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
  • give the impression that they emanate from NI Water, if this is not the case; or 
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Liability

The requisitioning of a public water supply consists of the following key stages:

Stage 1 Initial assessment and preliminary feasibility estimate

The preliminary feasibility assessment will cover the following:

  • Land and compensation (including Easements where applicable)
  • Site investigation including Environmental Constraints
  • Civil engineering works
  • Mechanical and electrical works (only when a pumping station is involved. Contingencies (including diversions of existing services where applicable).
  • Design
  • Contract management and administration
  • Developer will be notified in writing of the estimated contribution required (if applicable)
  • The request for a preliminary estimate does not commit the applicants to requisition a public watermain, however the requisitioner must undertake to pay reasonable costs of providing the watermain if they want to proceed.

Stage 2 Detailed design, including land negotiations

  • detailed design will only be progressed when terms and conditions set out in the initial decision letter have been met.

Stage 3 Construction/Completion of the Requisition Watermain

  • Following completion of the detailed design the Requisitioner will be notified in writing of our final decision including any financial conditions if applicable.
  • Once the terms and conditions are met the scheme will progress to construction.

Use and Ownership

In addition to the associated cost of the requisitioned watermain there will be additional infrastructure and connection charges. Details can be located on NI Water document “Scheme of Charges” which can be viewed on www.niwater.com.

Privacy

The time taken to complete the requisition depends entirely on the complexity of the scheme. Under the 2006 Order, the requisitioned public watermain must be available for use within three months of:

  • the day on which the financial conditions are met and/or
  • the day on which the point of connection has been agreed whichever is later
  • The date by which the requisitioned watermain is available for use may be extended by agreement.

In certain circumstances, it may not be possible to complete the requisitioned public watermain within the three-month period.

This may be because:

  • major construction works are required, and it is not physically possible to complete the requisitioned public watermain within the three-month period.
  • works are required in land in the ownership of undertakings protected by ‘The Order’(eg Crown Estates, Network Rail etc) or a third party and agreement is required with them prior to our entry upon their land.
  • land, not in the ownership of the requisitioner, needs to be purchased for elements such as pumping stations.

Where there is a dispute the period for delivery of the requisitioned sewer may be extended by the Authority.

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The requisitioner must undertake to pay reasonable costs of providing the watermain. This will include the first 20m of the requisitioned watermain.

If insufficient units are constructed prior to construction of the watermain the requisitioner may be required to provide reasonable security in the form of a legal Agreement and guarantee bond or cash deposit. Northern Ireland Water administration and legal costs are invoiced separately, payable at completion of the requisition process, and are not included in the requisition costs quoted herein.

The reasonable cost to provide the watermain includes the cost of administration, design, construction, supervision, lands costs, compensation costs, all necessary new public watermains, etc. The cost estimate detailed in our decision letter at Stage 3 above will be the final cost to the applicant.

Links to other websites

Under the 2006 Order, undertakers are entitled to ask for security before installing the new watermain.

This is usually provided in the form of a cash bond, however, a bond or insurance policy provided by a guarantor is equally acceptable.

It is important to note that there may be additional costs for the requisitioner in the administration of a bond or insurance policy. Public Authorities are exempt by Statute from a requirement for security.

General Provisions

Private requisitioners are encouraged to obtain the participation of as many neighbours as possible, who could benefit from the new watermain, if provided.

Northern Ireland Water will complete an economic appraisal study based on positive responses; on occasion this leads to an interested few having to accept the full burden of the cost of the scheme.

Returning Completed Forms

On completion please return the full application form to:

Developer Services - Servicing Team

Email: developerservices[AT]niwater[DOT]com

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