Section 5 Special provisions with respect to damage affecting land drainage.

Subject to the two next following subsections, the F1Corporationshall, in any area in England and Wales outside the Doncaster Drainage Area within the meaning of the M1Doncaster Area Drainage Act 1929 from time to time carry out such, if any, measures (in this section referred to as “remedial measures”) for remedying, mitigating or preventing any deterioration in any land drainage system by reason of subsidence damage which has occurred or appears likely to occur, being a drainage system maintainable by a drainage authority, as may be agreed between the Corporationand the appropriate drainage authority, or, in default of such agreement, as may be determined in the manner provided by regulations under subsection (5) of this section, to be in all the circumstances reasonably required and not unjustifiable on economic grounds, and any such remedial measures shall be carried out in accordance with such arrangements as to the timing thereof as may be agreed or determined as aforesaid.

Without prejudice to the next following subsection, the Corporationmay elect, in respect of all or any of the remedial measures aforesaid, not to carry out those measures themselves but—

and the Corporation, in a case where the remedial measures fall to be carried out in connection with property comprised in a main river for the purposes of F2the M2Land Drainage Act 1976, shall make the appropriate election under this subsection and in any other case shall not unreasonably refuse any request to make the appropriate election under this subsection received from the appropriate drainage authority:

Notwithstanding anything in the two last foregoing subsections, in any case where it is agreed or determined as aforesaid to be appropriate, the liability of the Corporationfor the cost of any recurring remedial measures may be discharged by a lump sum payment agreed or determined as aforesaid to represent the capital amount of that cost.

Subsection (2) of section three of this Act shall apply in any case where a damage notice has been served on the Corporationin respect of any property and the Corporationare of opinion with respect to all or any of the permanent works which would otherwise fall to be executed in connection with the property that the necessity for, or the nature or manner of execution of, those works is likely to be so affected by operations under this section or under Part II of the M3Doncaster Area Drainage Act 1929, as to make it unreasonable that those works should be executed for the time being.

Regulations made by the Minister and the Minister of Agriculture, Fisheries and Food, acting jointly—

The Corporationshall, for the purpose of carrying out any remedial measures under this section, have the like powers of surveying and entering on any land and of doing anything thereon as are conferred on the appropriate drainage authority by the enactments relating to land drainage:

In this section, the expression “the appropriate drainage authority” means, in a case where the remedial measures would fall to be carried out either in connection with a main river for the purposes of the M4Land Drainage Act 1976, or outside any internal drainage district as defined by F3that Act, the National Rivers Authority or, in any other case, the internal drainage board (as defined as aforesaid) in whose districtthe remedial works would fall to be carried out.