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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The authorised undertaker may use any available stream or watercourse or any public sewer or drain for the drainage of water, and for that purpose may—
(a)lay down, take up and alter pipes; or
(b)make openings into, and connections with the stream, watercourse, public sewer or drain,
on any land within the limits of deviation or the limits of land to be acquired or used.
(2)The authorised undertaker shall not discharge any water into any public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
(3)The authorised undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
(4)The authorised undertaker shall take such steps as are reasonably practicable to secure that any water discharged under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
(5)Any difference under this section arising between the authorised undertaker and an authority which owns a public sewer or drain shall be determined by arbitration.
(6)Section 30F of the Control of Pollution Act 1974 (c. 40) (which makes it an offence to pollute rivers and other waters) shall apply to, or to the consequence of, a discharge under the powers conferred by this section into any controlled waters as if this section were not a provision of a local Act or a statutory order for the purposes of section 30I(1)(f) of that Act.
(7)Nothing in this section shall affect the operation of Part IV of the 1991 Act.
(8)In this section “public sewer or drain” means a sewer or drain which belongs to Scottish Water or a roads authority.
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