Paragraph 3

This Schedule shall not be construed as imposing any obligation on an occupier of land in respect of an undesignated watercourse that does not perform any function connected with the drainage of that land, but where—

(a)

any other person is—

(i)

required by paragraph 2 to scour out, cleanse and maintain any part of a watercourse mentioned in that paragraph; or

(ii)

prejudicially affected by the inefficiency of such a watercourse; and

(b)

the Ministry, by notice in writing served on that occupier, requires him to permit that other person to enter on the land and to carry out, in relation to the watercourse, such works as may be specified in the notice;

the occupier shall comply with the requirement; and an occupier may, after such compliance, recover from the person concerned the amount of any damage suffered as a result of his compliance.