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Flood and Water Management Act 2010

Duty to adopt

239.Paragraph 17 imposes a duty on the Approving Body to adopt any new drainage system which meets these conditions:

a.

Condition 1 is satisfied where the drainage system has been constructed in line with an approved drainage plan which conforms to the national standards.

b.

Condition 2 is satisfied where the Approving Body is satisfied that the drainage system has been built and functions in accordance with the approved plan (and complies with any conditions or approval) or alternatively where the Approving Body can, or has, issued a certificate that the non-performance bond will be used to complete the drainage system, for the reasons described under non-performance bonds. The Approving Body must also have regard to any guidance issued by the Minister on this condition.

c.

Condition 3 is satisfied if the system is a “sustainable drainage system”, as defined by regulations made by the Minister.

240.Where part of a drainage system is exempt from adoption, this duty to adopt continues to apply to the rest of the system as if it were a whole drainage system in its own right.

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