AQW 17248/17-22

Mr Andrew Muir
Alliance Party
North Down

Tabled Date: 13/04/2021
Answered On Date: 28/04/2021
Priority Written: No

Question:
To ask the Minister for Infrastructure to outline (i) the conditions of the sale of Portavoe Reservoir; and (ii) whether these have each been fulfilled.

Answer:

NI Water has advised the transfer deed in relation to Portavoe Reservoir to Portavo Estates Limited includes covenants by the Transferee which include:-

A Forestry Agreement dated 22 September 1978;

A Fisheries Agreement dated 18 December 2014; and

The Reservoirs Act (Northern Ireland) 2015.

As the Reservoirs Act (NI) is not yet fully commenced, the Transferee, at present, has no statutory obligations to fulfil. In relation to the Fisheries Agreement and Forestry Agreement the Minister of the Department of Agriculture, Environment and Rural Affairs has advised:-

‘The terms of the Fisheries Agreement, that formed a part of the sale of Portavoe Reservoir by Northern Ireland Water, included the condition that DAERA Inland Fisheries would retain the fishing rights to that water until December 2024. However, the majority new owner of Portavoe Reservoir has confirmed that he wishes the site to remain private and not open or accessible to the public. DAERA officials have sought legal advice regarding the conditions in the agreement and transfer documents. Until this has been clarified permit holders have been advised, via the NI Direct website, that the site will remain closed to the public for the foreseeable future.

The woodland comprises an area of 18.96 hectares of mixed woodland surrounding Portavoe reservoir. DAERA Forest Service has managed the woodland at Portavoe under the terms of a management agreement with NI Water (formerly DOE) since 1978. The agreement under which Forest Service managed the trees is covenanted in the Contracts for Sale relating to the land transfer to the new landowners. Forest Service is liaising with the Departmental Solicitor’s Office regarding any implications for its tree management responsibilities following change of ownership. In the meantime, Forest Service is engaging with a representative of Portavo Estates Ltd, including meeting onsite to discuss tree management issues. Arrangements have been agreed for any necessary tree management issues currently requiring attention.’