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Paragraph 11 Notice in relation to a highway drain

Original text. Later amendments are not shown.

A highway authority or other person entitled to keep open a highway drain by virtue of section 100 of the 1980 Actf1 who operates a highway drain other than under and in accordance with an environmental permit is not guilty of an offence under regulation 38(1) unless—

(a)

the regulator has served a notice on that person under paragraph 10 of this Schedule, and

(b)

the notice has taken effect.

Annotations

Footnotes

f1

Section 100 was amended by paragraph 21 of Schedule 4 to the Local Government Act 1985 (c. 51), paragraph 62 of Schedule 25 to the Water Act 1989 (c. 15), paragraph 36(1) of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and paragraph 9 of Schedule 7 to the Local Government (Wales) Act 1994 (c. 19).