PART IIRiver Authorities and Water Resources Board
River authorities
11Maps of river authority areas
(1)
On or as soon as practicable after the second appointed day, the Ministers shall send to each of the river authorities established under section 3 of this Act a map of the area of the river authority; and, as soon as practicable after an order under the last preceding section comes into operation, the Ministers shall send to the river authority to whom the order relates—
(a)
in the case of an order altering the area of a river authority, a map of the area as altered by the order, or
(b)
in the case of an order designating a new area, a map of that area.
(2)
On or as soon as practicable after the second appointed day, the Minister of Agriculture, Fisheries and Food shall send to each of the river authorities established under section 3 of this Act a map—
(a)
showing by a distinctive colour the extent to which any watercourse in the river authority area was treated as the main river, or part of the main river, for the purposes of the map or maps which, immediately before the second appointed day, were for the time being in force under section 6 of the River Boards Act 1948 with respect to the river board or river boards whose area or areas is or are comprised in the river authority area, and
(b)
indicating (by a distinctive colour or otherwise) which (if any) of those watercourses are watercourses designated in a scheme made under section 3 of the Land Drainage Act 1961 (which relates to the designation of watercourses for drainage works in the interests of agriculture).
(3)
Where any of the following events occurs, that is to say—
(a)
by an order under the last preceding section a river authority is established for a new area designated in the order, or
(b)
by an order under that section the area of a river authority is altered so as to affect any of the particulars shown on a main river map, or
(c)
a scheme under section 3 of the Land Drainage Act 1961 is confirmed by the Minister of Agriculture, Fisheries and Food,
that Minister shall take action in accordance with the following provisions of this section.
(4)
Subject to the next following subsection, the action to be taken by the Minister of Agriculture, Fisheries and Food in the circumstances mentioned in the last preceding subsection shall be such action, ether—
(a)
by requiring a river authority to send to him a main river map kept by the authority, and altering the map and sending it back to the river authority, or
(b)
by preparing a new map and sending it to a river authority, and, where a main river map is already kept by that authority, directing that the new map is to be in substitution for that map,
as that Minister may consider appropriate for securing that, in each river authority area, there will be kept by the river authority a main river map—
(i)
showing by a distinctive colour the extent to which any watercourse in the area is to be treated as the main river, or part of the main river, for the purposes of Part II of the Land Drainage Act 1930, and
(ii)
indicating (by a distinctive colour or otherwise) which (if any) of those watercourses are watercourses designated in a scheme made under section 3 of the Land Drainage Act 1961.
(5)
Before altering a map, or preparing a new map, under the last preceding subsection, the Minister of Agriculture, Fisheries and Food shall give notice of his intention to do so in such manner as he thinks best adapted for informing persons affected, and shall consider any objections made to him within the time and in the manner specified in that notice, and may then alter or prepare the map, whether in accordance with the proposals contained in the notice or otherwise:
Provided that this subsection shall not apply to the variation of a main river map (whether by way of altering the map or preparing a new map in substitution for it) where the variation is limited to that required in consequence of the confirmation of a scheme under section 3 of the Land Drainage Act 1961.
(6)
A river authority may apply to the Minister of Agriculture, Fisheries and Food for the variation of the main river map kept by the authority and for that purpose shall send the map to that Minister; and on any such application that Minister—
(a)
if he intends to vary the map, whether in accordance with the proposals contained in the application or otherwise, shall give notice of his intention to do so in such manner as he thinks, best adapted for informing persons affected, and shall consider any objections made to him within the time and in the manner specified in that notice, and may then vary the map, whether in accordance with the proposals contained in the notice or otherwise ;
(b)
if he varies it, shall as soon as practicable send to the river authority ether the map as varied or a new map prepared by him in substitution for it;
(c)
if he determines not to vary the map, shall as soon as practicable send it back to the river authority.
(7)
Subject to the preceding provisions of this section, any map sent to a river authority under this section, except a map which has been superseded by a subsequent map sent thereunder, shall be kept at the principal office of the river authority; and the authority shall provide reasonable facilities for the inspection of the map by any person wishing to inspect it, and for the taking of copies of, and extracts from, the map.
(8)
Any map which in accordance with the last preceding subsection is required to be kept at the principal office of a river authority—
(a)
if it is a map sent under subsection (1) of this section, shall be conclusive evidence for all purposes as to the boundaries of the river authority area, and
(b)
if it is a main river map, shall be conclusive evidence for all purposes as to what is the main river.
(9)
Any map sent to a river authority under this section shall be taken to be a document within the meaning of the Documentary Evidence Act 1868, as applied to the Minister and to the Minister of Agriculture, Fisheries and Food respectively; and that Act, as so applied, shall have effect in relation to any map sent under subsection (1) of this section as if it had been issued by each of those Ministers acting separately and not jointly.
(10)
In this section " main river map " means a map sent to a river authority under this section, otherwise than under subsection (1) thereof, in the form in which that map is for the time being in force.