5(1)The [F1Agency] may make such byelaws in relation to any particular locality or localities as it considers necessary— E+W
[F2(a)for securing the efficient working of any drainage system, or
(b)for regulating the effects of any drainage system on the environment.]
[F2for any of Purposes 1 to 4.
(1A)Purpose 1 is to secure the efficient working of a drainage system.
(1B)Purpose 2 is to regulate the effects on the environment of a drainage system.
(1C)Purpose 3 is to secure the effectiveness of flood risk management work within the meaning of section 165.
(1D)Purpose 4 is to secure the effectiveness of works done in reliance on section 38 or 39 of the Flood and Water Management Act 2010 (incidental flooding or coastal erosion).]
(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.
[F3(3A)If, in any particular case,—
(a)a marine licence is needed for the carrying on of any activity,
(b)before that activity may be carried on, the consent of the Agency would also be required (apart from this sub-paragraph) by virtue of any byelaw under this paragraph, and
(c)the Agency considers that, in view of the terms and conditions that will be included in the marine licence, the requirement for the consent of the Agency may be dispensed with, and issues a notice to that effect,
the requirement for the consent of the Agency does not apply in relation to the carrying on of that activity.
(3B)In sub-paragraph (3A) “marine licence” has the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.]
(4)Notwithstanding anything in this Act, no byelaw made by the [F1Agency] under this paragraph shall conflict with or interfere with [F4the 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”[F5, “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
F2Sch. 25 para. 5(1A)-(1D) and words substituted for Sch. 25 para. 5(1)(a)(b) (19.7.2011 for E.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 49 (with s. 49(1)(6)); S.I. 2011/1770, art. 3(f)
F3Sch. 25 para. 5(3A)(3B) inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 84(2), 324(3) (with ss. 76-81, 111); S.I. 2011/556, art. 3(2)(a)
F4Sch. 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)
F5Word 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)