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Avon Weir Act 1992 (c. v)

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18Power to take, pump and discharge water

(1)Except as provided in subsections (2) to (6) below, notwithstanding anything contained in any other enactment, the Corporation may, for the purposes of or in connection with the exercise of its functions under Part II or subsection (10) of section 35 (Operation of weir, etc.) of this Act—

(a)take, impound and use water from, and discharge water into, the river or any sewer, drain or watercourse;

(b)take or discharge from or into the river any water which it requires to take or discharge; or

(c)discharge any water which it finds into the river or into any sewer, drain or watercourse;

and for any of those purposes may, within the limits of deviation, lay down, take up and alter conduits, pipes and other works and conveniences and make any convenient connections with the river or (as the case may be) with the sewer, drain or watercourse.

(2)The Corporation shall not, under the powers of this section discharge any water directly or indirectly or make any opening into any sewer or drain without—

(a)in respect of any sewer or drain in which the water company has an interest, obtaining the consent of the water company; and

(b)consulting any other person or body appearing to have an interest in the sewer or drain.

(3)Nothing in this section shall exempt the Corporation from the provisions of the [1971 c. 60.] Prevention of Oil Pollution Act 1971.

(4)Nothing in this section shall empower the Corporation to pump or discharge any water into the Floating Harbour without the consent of the City Council.

(5)Nothing in this section shall relieve the Corporation from the requirements of the [1991 c. 56.] Water Resources Act 1991 with respect to abstraction of water.

(6)Sections 85, 86 and 87 of the Water Resources Act 1991 shall apply to, or to the consequences of, a discharge under the powers of this section into any controlled waters within the meaning given by section 104 of that Act as if this section were excluded from the reference to any local statutory provision mentioned in section 88 (1) (f) of that Act.

(7)In this section references to the taking or discharge of water include taking or discharging water by means of pumping.

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