5(1)The [F1Agency] may make such byelaws in relation to any particular locality or localities as it considers [F2necessary— E+W
(a)for securing the efficient working of any drainage system, or
(b)for regulating the effects of any drainage system on the environment.]
(2)Without prejudice to the generality of sub-paragraph (1) above and subject to sub-paragraph (3) below, the [F1Agency] may, in particular, make byelaws for any of the following purposes, that is to say—
(a)regulating the use and preventing the improper use of any watercourses, banks or works vested in the [F1Agency] or under its control or for preserving any such watercourses, banks or works from damage or destruction;
(b)regulating the opening of sluices and flood gates in connection with any such works as are mentioned in paragraph (a) above;
(c)preventing the obstruction of any watercourse vested in the [F1Agency] or under its control by the discharge into it of any liquid or solid matter or by reason of any such matter being allowed to flow or fall into it;
(d)compelling the persons having control of any watercourse vested in the [F1Agency] or under its control, or of any watercourse flowing into any such watercourse, to cut the vegetable growths in or on the bank of the watercourse and, when cut, to remove them.
(3)No byelaw for any purpose specified in sub-paragraph (2)(a) above shall be valid if it would prevent reasonable facilities being afforded for enabling a watercourse to be used by stock for drinking purposes.
(4)Notwithstanding anything in this Act, no byelaw made by the [F1Agency] under this paragraph shall conflict with or interfere with [F3the operation of—
(a)any byelaw made by a navigation authority, harbour authority or conservancy authority;
(b)any byelaw made under section 129 or 132 of the Marine and Coastal Access Act 2009 (byelaws for protecting marine conservation zones in England);
(c)any order made under section 134 or 136 of that Act (orders for protecting marine conservation zones in Wales).]
(5)In this paragraph “banks”[F4, “drainage”] and “watercourse” have the same meanings as in Part IV of this Act.
Textual Amendments
F1Words in Sch. 25 para. 5 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F2Words in Sch. 25 para. 5(1) substituted (30.3.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 100(1), 107(7) (see also S.I. 2006/2541, art. 2)
F3Sch. 25 para. 5(4)(a)-(c) substituted for words (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 3; S.I. 2014/3088, art. 2(b)
F4Word in Sch. 25 para. 5(5) inserted (30.3.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 100(2), 107(7) (see also S.I. 2006/2541, art. 2)