Edinburgh Tram (Line Two) Act 2006

17 Discharge of water S

(1) The authorised undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may—

(a) lay down, take up and alter pipes, or

(b) make openings into, and connections with, the watercourse, sewer or drain,

on any land within the limits of deviation or 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 person to whom it belongs; and such consent may be given subject to such terms and conditions as the person 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 person to whom 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 section is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

(5) In this section—

• “public sewer or drain” means a sewer or drain which belongs to Scottish Water or a private provider who has made an agreement with Scottish Water under section 1(2)(b) (Duty of local authority to provide sewerage for their area) of the Sewerage (Scotland) Act 1968 (c. 47), and

• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.