SCHEDULE 3Sustainable Drainage

Works on public land

28(1)The Minister may make regulations requiring a statutory undertaker to notify the approving body before commencing statutory works on public land where the works will or may affect the operation of a drainage system on that land.

(2)“Public land” means land owned or occupied by a designating authority for the purposes of Schedule 1.

(3)The regulations shall define—

(a)“statutory undertaker”, and

(b)“statutory works”.

(4)The regulations may specify criteria for determining what works are to be treated as works that will or may affect the operation of a drainage system.

(5)The regulations may include provision about—

(a)timing, and


(6)The regulations may—

(a)specify consequences of failure to comply with a provision of the regulations;

(b)include provision requiring, or enabling an approving body to require, a statutory undertaker who is carrying out or has carried out works affecting a drainage system to carry out further work in relation to the system (which may include, in particular, a requirement to leave the system in a state approved by the approving body, having regard to national standards on sustainable drainage);

(c)give approving bodies default powers to undertake work and recover costs.

(7)The regulations may amend an enactment so as to introduce a cross-reference to the regulations.