Land Drainage Act 1991

Duties with respect to the environment and recreation E+W

12 General environmental and recreational duties. E+W

(1) It shall be the duty of each of the Ministers, of the NRA and of every internal drainage board, in formulating or considering any proposals relating to any functions of such a board (including, in the case of such a board, their own functions)—

(a) so far as may be consistent—

(i) with the purposes of any enactment relating to the functions of such a board; and

(ii) in the case of the Secretary of State, with his duties under section 2 of the M1 Water Industry Act 1991,

so to exercise any power conferred with respect to the proposals on that Minister, the NRA or, as the case may be, the board as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;

(b) to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural or historic interest; and

(c) to take into account any effect which the proposals would have on the beauty or amenity of any rural or urban area or on any such flora, fauna, features, buildings, sites or objects.

(2) Subject to subsection (1) above, it shall be the duty of each of the Ministers, of the NRA and of every internal drainage board, in formulating or considering any proposals relating to any functions of such a board (including, in the case of such a board, their own functions)—

(a) to have regard to the desirability of preserving for the public any freedom of access to areas of woodland, mountains, moor, heath, down, cliff or foreshore and other places of natural beauty;

(b) to have regard to the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest; and

(c) to take into account any effect which the proposals would have on any such freedom of access or on the availability of any such facility.

(3) Subsections (1) and (2) above shall apply so as to impose duties on an internal drainage board in relation to—

(a) any proposals relating to the functions of the NRA or of a water undertaker or sewerage undertaker;

(b) any proposals relating to the management, by the company holding an appointment as such an undertaker, of any land for the time being held by that company for any purpose whatever (whether or not connected with the carrying out of the functions of a water undertaker or sewerage undertaker); and

(c) any proposal which by virtue of section 156(7) of the M2 Water Industry Act 1991 (disposals of protected land) falls to be treated for the purposes of section 3 of that Act as a proposal relating to the functions of a water undertaker or sewerage undertaker,

as they apply in relation to proposals relating to the functions of an internal drainage board but as if, for that purpose, the reference in subsection (1)(a) above to enactments relating to the functions of such a board were a reference to enactments relating to that to which the proposal relates.

(4) Subject to obtaining the consent of any navigation authority, harbour authority or conservancy authority before doing anything which causes navigation which is subject to the control of that authority to be obstructed or otherwise interfered with, it shall be the duty of every internal drainage board to take such steps as are—

(a) reasonably practicable; and

(b) consistent with the purposes of the enactments relating to the functions of that board,

for securing, so long as that board have rights to the use of water or land associated with water, that those rights are exercised so as to ensure that the water or land is made available for recreational purposes and is so made available in the best manner.

(5) It shall be the duty of every internal drainage board, in determining what steps to take in performance of any duty imposed by virtue of subsection (4) above, to take into account the needs of persons who are chronically sick or disabled.

(6) Nothing in this section or the following provisions of this Act shall require recreational facilities made available by an internal drainage board to be made available free of charge.

(7) In this section—

• “building” includes structure; and

• “harbour authority” means a harbour authority within the meaning of the M3 Prevention of Oil Pollution Act 1971.

Marginal Citations

M1 1991 c. 56.

M2 1991 c. 56.

M3 1971 c. 60.

13 Environmental duties with respect to sites of special interest. E+W

(1) Where the Nature Conservancy Council for England or the Countryside Council for Wales are of the opinion that any area of land in England or, as the case may be, in Wales—

(a) is of special interest by reason of its flora, fauna or geological or physiographical features; and

(b) may at any time be affected by schemes, works, operations or activities of an internal drainage board,

that Council shall notify the fact that the land is of special interest for that reason to every internal drainage board whose works, operations or activities may affect the land.

(2) Where a National Park authority or the Broads Authority is of the opinion that any area of land in a National Park or in the Broads—

(a) is land in relation to which the matters for the purposes of which section 12 above has effect are of particular importance; and

(b) may at any time be affected by schemes, works, operations or activities of an internal drainage board,

the National Park authority or Broads Authority shall notify the fact that the land is such land, and the reasons why those matters are of particular importance in relation to the land, to every internal drainage board whose works, operations or activities may affect the land.

(3) Where an internal drainage board have received a notification under subsection (1) or (2) above with respect to any land, the board shall consult the notifying body before carrying out any works, operations or activities which appear to the board to be likely—

(a) to destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest; or

(b) significantly to prejudice anything the importance of which is one of the reasons why the matters mentioned in subsection (2) above are of particular importance in relation to that land.

(4) Subsection (3) above shall not apply in relation to anything done in an emergency where particulars of what is done and of the emergency are notified to the Nature Conservancy Council for England, the Countryside Council for Wales, the National Park authority in question or, as the case may be, the Broads Authority as soon as practicable after that thing is done.

(5) In this section—

• “the Broads” has the same meaning as in the M4 Norfolk and Suffolk Broads Act 1988; and

• “National Park authority” means a National Park Committee or a joint or special planning board for a National Park.

Marginal Citations

M4 1988 c. 4.