The River Colne Barrier (Wivenhoe) Order 1991

For protection of sewers

26.  For the protection of sewerage undertakers the following provisions shall, unless otherwise agreed in writing between the Rivers Authority and the sewerage undertaker concerned, apply and have effect:–

(1) In this Article, unless the context otherwise requires–

“construction” includes execution, placing and altering and, in relation to temporary works, includes removal; and “constructed” shall be construed accordingly;

“new, altered or substituted works” includes any works required for the protection of any sewer or watercourse;

“sewer” means a public sewer within the meaning of the Water Act 1989(1) and includes a disposal main within the meaning of Schedule 19 to that Act;

“specified work” means so much of the works authorised by Article 7 (Construction of works), Article 9 (Subsidiary powers to River Authority) or Article 10 (Further works and powers) of this Order or any work (whether temporary or permanent) forming part of, or constructed in connection with, those works under the powers of this Order as will or may–

(a)

be situated over or within 15 metres measured in any direction of any sewer; or

(b)

(wherever situated) impose any load directly upon any sewer;

and includes the construction, maintenance or renewal of any such works:

(2) The Rivers Authority shall not commence any specified work until they shall have given to the sewerage undertaker 56 days' notice in writing of their intention to commence the same by leaving such notice at the principal office of the sewarage undertaker with plans as described in paragraph (7) below (in this section referred to as “the said plans”) and until the sewerage undertaker shall have signified their approval of the said plans:

• Provided that such approval shall not be unreasonably withheld and if, within 56 days, after the submission of the said plans, the sewerage undertaker have not signified to the Rivers Authority their approval or disapproval thereof, they shall be deemed to have approved the said plans:

(3) The Rivers Authority shall comply with and conform to all reasonable orders, directions and regulations of the sewerage undertaker in the construction of any specified work and shall provide new, altered or substituted works in such manner as the sewerage undertaker shall reasonably require for the proper protection of, and for preventing injury or impediment to, any sewerage or watercourse by reason of any specified work and shall save harmless the sewerage undertaker against all expenses to be occasioned thereby:

(4) The specified works and any new, altered or substituted works shall be constructed only in accordance with such plans as may be approved or be deemed to be approved by the sewerage undertaker as aforesaid or settled by arbitration, subject however to any modification of those plans from time to time agreed upon between the Rivers Authority and the sewerage undertaker and be constructed to the reasonable satisfaction of the sewerage undertaker who shall be given reasonable notice of the date and time on and at which any new, altered or substituted works are to be commenced:

(5) All such new, altered or substituted works shall, where so required by the sewerage undertaker, be constructed by or under the direction, superintendence and control of an officer of the sewerage undertaker duly appointed for the purpose at the cost, charge and expense in all respects of the Rivers Authority and all reasonable costs, charges and expenses to which the sewerage undertaker may be put by reason of such works, whether in the execution thereof, or in the preparation or examination of plans or designs or in such direction, superintendence or control as aforesaid, or otherwise, shall be paid to the sewerage undertaker by the Rivers Authority on demand:

(6) When any new, altered or substituted works or any work of defence connected therewith shall be completed under the provisions of this Article, the same shall thereafter be as fully and completely under the direction, jurisdiction and control of the sewerage undertaker as any sewer now or hereafter may be:

(7) Nothing in this Order shall extend to prejudice, diminish, alter or take away any of the rights, powers or authorities vested or to be vested in the sewerage undertaker in relation to any sewer but all such rights, powers and authorities shall be as valid and effectual as if this Order had not been passed:

(8) It shall not be lawful for the Rivers Authority without the consent of the sewerage undertaker, in the exercise of the powers of section 11(3) of the Compulsory Purchase Act 1965(2) as applied by this Order, to make any trial holes which interfere with any sewer:

(9) The plans to be submitted to the sewerage undertaker for the purposes of this article shall be detailed plans, drawings, sections and specifications which shall describe the exact position and manner in which, and the level at which, any specified work is proposed to be constructed and shall as far as reasonably practicable accurately describe the position of all sewers within the limits of deviation (for which purpose the sewerage undertaker shall allow the Rivers Authority access to plans in their possession in order to enable the Rivers Authority to obtain reliable information) and shall comprise detailed drawings of every alteration which the Rivers Authority may propose to make in any sewer:

(10) The sewerage undertaker may require such modifications to be made in the said plans as may be reasonably necessary to secure the sewers against interference or risk of damage and to provide and secure proper and convenient means of access to any sewer:

(11) (a) If by reason of the construction of a specified work or any new, altered, substituted or protective works provided by the Rivers Authority under this article any injury or impediment is caused to any sewer, the damage shall be made good by the Rivers Authority to the reasonable satisfaction of the sewerage undertaker or, if the sewerage undertaker so decides, they may themselves take such action–

(i) if the case is one of emergency, as may be specified in a notice in writing given to the Rivers Authority as soon as possible after the injury or impediment is caused;

(ii) in any other case, as may be agreed in writing between the Rivers Authority and the sewerage undertaker, or in default of agreement, determined by arbitration;

• as may be reasonably required to remedy the damage or remove the impediment or impairment;

(b) The Rivers Authority shall be responsible for and make good to the sewerage undertaker all costs, charges, expenses and losses which may be occasioned to, suffered by or reasonably incurred by the sewerage undertaker in taking action in accordance with this paragraph:

(12) The Rivers Authority shall indemify the sewerage undertaker against all claims, demands, costs, expenses, damages or loss which may be made on or against the sewerage undertaker or which the sewerage undertaker may incur or have to pay or which they may sustain in consequence of the construction, maintenance or renewal of a specified work or of the failure or want of repair thereof or any subsidence caused by the construction of any specified work or in consequence of any act or omission of the Rivers Authority, their contractors, agents, workmen or servants, whilst engaged upon the specified work and any new, altered, substituted and protective works:

• Provided that–

  (i)

  the sewerage undertaker shall give to the Rivers Authority reasonable notice of any such claim or demand as aforesaid and no settlement or compromise thereof shall be made without the agreement in writing of the Rivers Authority; and

  (ii)

  nothing in this paragraph shall impose any liability on the Rivers Authority with respect to any claim, demand, costs, expenses, damage or loss which is attributable to the act, neglect or default of the sewerage undertaker or their servants or agents:

(13) It shall be lawful for an officer of the sewerage undertaker duly appointed for the purpose at any reasonable time and, if required by the Rivers Authority, under their supervision to enter upon and inspect any specified work or any other work constructed under the powers of this Article:

(14) The approval by the sewerage undertaker of any plans or the superindentence by them of any work under the provisions of this Article shall not exonerate the Rivers Authority from any liability or affect any claim for damages under this Article or otherwise:

(15) Notwithstanding the temporary stopping up or diversion of any highway under the powers of Article 11 (Temporary stoppage of watercourses, roads and footpaths) of this Order, the sewerage undertaker shall be at liberty at all times to construct and do all such works and things in, upon or under any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, alter, protect, remove or use any sewer which at the time of the stopping up or diversion was in that highway:

(16) Where, in consequence of this Order, any part of any footpath in which any sewer is situate ceases to be part of the footpath, the sewerage undertaker may exercise the same rights of access to such sewer as they enjoyed immediately before the passing of this Order, but nothing in this paragraph shall prejudice or affect any right of the Rivers Authority or of the sewerage undertaker to require alteration of such sewer under this Article:

(17) As soon as reasonably practicable after the completion of the construction of a specified work, the Rivers Authority shall deliver to the sewerage undertaker a plan and section showing the position and level of the specified work as constructed and all new, altered or substituted works of the sewerage undertaker provided under this Article:

(18) Any difference arising between the Rivers Authority and the sewerage undertaker under this Article shall be referred to and settled by arbitration.

(1)

1989 c. 15.

(2)

1965 c. 65.