Land Drainage Act 1991

Protective provisions

67 Protection for particular undertakings and savings in respect of works

(1) Subject to subsection (2) below, Schedule 6 to this Act shall have effect for the protection of particular undertakings in connection with the carrying out of works and other activities under this Act.

(2) Schedule 6 to this Act shall not apply in relation to the carrying out of works under this Act by the NRA; but sections 179 and 183 of, and Schedule 22 to, the [1991 c. 57.] Water Resources Act 1991 (protective provisions for flood defence works and for certain undertakings) shall apply in relation to the carrying out of works under this Act by the NRA as they apply in relation to the carrying out of works by the NRA under the flood defence provisions of that Act.

(3) Nothing in this Act shall authorise any person to carry out any works or do anything in contravention of any of the provisions of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979.

(4) In the exercise of the powers conferred by this Act due regard shall be had to the interests of fisheries, including sea fisheries.

(5) Nothing in this Act shall prejudice or affect the provisions of Part V of the [1991 c. 57.] Water Resources Act 1991 (fisheries functions of the NRA) or of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 or any right, power or duty conferred or imposed by those provisions.

(6) The reference in subsection (2) above to the flood defence provisions of the Water Resources Act 1991 shall have the same meaning as is given, by virtue of section 221(1) of that Act, to any such reference in that Act.

(7) Without prejudice to paragraph 1 of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991, any provisions for the protection of any authorities or persons contained in any local Act, so far as by virtue of section 114(2) of the [1976 c. 70.] Land Drainage Act 1976 (protection under local Acts) they applied immediately before the commencement of this Act in relation to the exercise by any internal drainage board or local authority of powers under any enactment re-enacted by this Act, shall apply to the like extent in relation to the exercise by that board or authority of powers under the corresponding provisions of this Act.

(8) Nothing in this Act shall affect any powers of an internal drainage board under any local Act so far as they existed immediately before the commencement of this Act.

68 Power of navigation authorities etc to divert sewers

(1) Where any watercourses under the control of an internal drainage board pass under or interfere with, or with the improvement or alteration of, any river, canal, dock, harbour, basin or other work (including any towing-path adjacent thereto) which belongs to or is under the jurisdiction of any relevant authority, the relevant authority may, at their own expense and on substituting for those watercourses other equally effective watercourses—

(a) take up, divert or alter the level of those watercourses; and

(b) do all such matters and things as may be necessary in connection with the works authorised to be done by them under this section.

(2) If any question arises under this section between any internal drainage board and any relevant authority as to whether any watercourses substituted or proposed to be substituted by the relevant authority for any existing watercourses are as effective as the existing watercourses, that question shall be referred to a single arbitrator to be agreed between the parties or, failing such agreement, to be appointed by the President of the Institution of Civil Engineers on the application of either party.

(3) In this section “relevant authority” means any navigation authority, harbour authority or conservancy authority.