OpenLegislation

Section 30 Authorisation of drainage works in connection with a ditch.C1C2C3C4C5C6C7C8C9C10

England and Wales

(1)

Where the drainage of any land requires—

(a)

the carrying out of any work in connection with a ditch passing through other land;

(b)

the replacement or construction of such a ditch; or

(c)

the alteration or removal of any drainage work in connection with such a ditch,

the F1appropriate tribunal, on the application of the owner or occupier of the first-mentioned land, may if they think fit make an order under this section.

(2)

An order under this section is an order authorising the applicant for the order—

(a)

for the purpose mentioned in subsection (1) above, to carry out such work as may be specified in the order; and

(b)

so far as may be necessary for that purpose, to enter any land so specified.

(3)

Subsections (3) to (7) of section 29 above shall apply in relation to the powers conferred by virtue of an order under this section as they apply in relation to the powers conferred by virtue of that section.

(4)

In this section “ditch” has the same meaning as in section 28 above.

F2(5)

For the purposes of subsection (1), “appropriate tribunal” means—

(a)

where the land is in England, the First-tier Tribunal; and

(b)

where the land is in Wales, the Agricultural Land Tribunal.

Annotations

Textual amendments

F1

Words in s. 30(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 214(a) (with Sch. 3)

F2

S. 30(5) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 214(b) (with Sch. 3)

Modifications

C1

S. 30 excluded (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), arts. 1, 10(1)(e) (with Sch. 8 Pt. 6 para. 19)

C2

S. 30 excluded (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 47(1)(c) (with arts. 5, 36)

C3

S. 30 excluded (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 40(1) (with arts. 5, 53, Sch. 8 paras. 6, 64)

C4

S. 30 excluded (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 7 (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103)

C5

S. 30 excluded (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), arts. 1(2), 8(1) (with arts. 21, 41, Sch. 10)

C6

S. 30 excluded (1.5.2025) by The Viking CCS Carbon Dioxide Pipeline Order 2025 (S.I. 2025/509), arts. 1(2), 36(1) (with art. 41, Sch. 9)

C7

S. 30 excluded (28.7.2025) by The Mona Offshore Wind Farm Order 2025 (S.I. 2025/870), arts. 1, 8(c) (with arts. 37, 38, Sch. 10)

C8

S. 30 excluded (12.10.2025) by The Gatwick Airport (Northern Runway Project) Development Consent Order 2025 (S.I. 2025/1054), arts. 1, 45(1) (with arts. 5, 9(6), 43, Sch. 9)

C9

S. 30 excluded (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), arts. 1, 8(c) (with arts. 39, 40, Sch. 9)

C10

S. 30 excluded (23.7.2026) by The Peartree Hill Solar Farm Order 2026 (S.I. 2026/869), arts. 1, 8(1) (with art. 37, Sch. 11)