Paragraph 5

(1)

The nominated undertaker shall not deposit any polluting material on, in or over the canal and shall not without the consent of F1Canal & River Trust—

(a)

deposit any other materials on, in or over the canal (other than materials comprised in a specified work); or

(b)

notwithstanding anything in this Act, discharge any water directly or indirectly into the canal.

(2)

Any consent of Canal & River Trust required under this paragraph shall not be unreasonably withheld and—

(a)

shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request for it; and

(b)

may be given subject to such reasonable requirements as Canal & River Trust may make—

(i)

in the case of a deposit, so as to ensure that the use of the canal is not obstructed or rendered less safe, and

(ii)

in the case of a discharge, concerning the reimbursement by the nominated undertaker of expenses incurred by Canal & River Trust in disposing of the water so discharged, being expenses which Canal & River Trust would not have incurred but for the discharge.

Annotations

Textual amendments

F1: Words in Sch. 17 Pt. 5 substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 19(3)(b) (with arts. 4-6)

Notes on Part 5

Textual amendments

F1: Words in Sch. 17 Pt. 5 heading substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 19(2) (with arts. 4-6)