Water Resources Act 1991

222 Crown application. E+W

(1) Subject to the following provisions of this section, the provisions of this Act shall have effect in relation to land in which there is a Crown or Duchy interest as they have effect in relation to land in which there is no such interest.

(2) Chapter II of Part II of this Act and the related water resources provisions shall not apply—

(a) to anything done by or on behalf of the Crown; or

(b) to any land which is in the occupation of a government department or any other land in which there is a Crown or Duchy interest and which is occupied in right of that interest.

(3) Nothing in this Act, as read with the other provisions of this section, shall be construed—

(a) as conferring any power of levying drainage charges in respect of lands below the high-water mark of ordinary spring tides; or

(b) as authorising the Authority to require the Crown to make any payment to the Authority in respect of any premises.

(4) Subject to subsection (2) and (3) above and to subsection (5) below, where a power is conferred in relation to land by or under any provision of this Act other than one of the flood defence provisions—

(a) that power shall be exercisable in relation to any land in which there is a Crown or Duchy interest only with the consent of the appropriate authority; and

(b) a consent for the purposes of this subsection may be given on such financial and other conditions as the appropriate authority giving the consent may consider appropriate.

(5) Subsection (4) above shall not require any consent to be given—

(a) for the exercise of any power in relation to any land in which there is a Crown or Duchy interest to the extent that that power would be so exercisable apart from subsection (1) above; or

(b) for the purposes of any provision having effect by virtue of so much of section 168 above and Schedule 19 to this Act as relates to the granting of authority for discharges of water.

(6) Section 74 of the M1 Land Drainage Act 1991 (Crown application), so far as it relates to land in which there is a Crown or Duchy interest, shall apply in relation to the flood defence provisions of this Act as it applies in relation to that Act; but nothing in this subsection shall affect any power conferred by this Act for the purposes both of the Authority’s functions under those provisions and of other functions of the Authority.

(7) In this section—

• “the appropriate authority” has the same meaning as in section 293 of the M2 Town and Country Planning Act 1990; and

• “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department.

(8) The provisions of subsection (3) of section 293 of the Town and Country Planning Act 1990 (questions relating to Crown application) as to the determination of questions shall apply for the purposes of this section.

(9) Nothing in this section shall be construed as requiring any provision of this Act having effect otherwise than in relation to land to be construed as imposing any liability on the Crown to which the Crown would not be subject apart from this section.

Modifications etc. (not altering text)

C1 S. 222 applied (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 74(5), 76(2)

Marginal Citations

M1 1991 c. 59.

M2 1990 c. 8.