OpenLegislation

Paragraph 30 I1

England and Wales

In this Part of this Schedule—

  • “construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;

  • “drainage authority” means in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991f1;

  • “drainage work” means in relation to any key watercourse and includes any land which is expected to provide flood storage capacity for a key watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence in connection with a key watercourse;

  • “key watercourse” means any of the following ordinary watercourses—

    Ordinary watercourse to be regarded as a key watercourseOrdnance Survey coordinates of ordinary watercourse to be regarded as a key watercourse
    existing ditch 1TQ 56608 92369 to TQ 56429 92244
    existing ditch 2TQ 56427 92408 to TQ 56438 92260
    existing ditch 3TQ 56593 92504 to TQ 56444 92744
    existing ditch 4TQ 56442 92747 to TQ 56255 92665
    existing ditch 5TQ 56339 92531 to TQ 56289 92673
    existing ditch 6TQ 56243 92551 to TQ 56273 92556
    existing ditch 7TQ 56202 92680 to TQ 56255 92558
    existing ditch 8TQ 56216 92637 to TQ 56229 92642
    existing ditch 9TQ 56192 93002 to TQ 56284 92682
    existing ditch 10TQ 56264 93010 to TQ 56193 93002
    existing ditch 11TQ 56192 93140 to TQ 56174 93104
    existing ditch 12TQ 56078 93264 to TQ 56098 93223

    and in each case includes any land or area which is being used or is expected to be used to provide temporary or permanent flood storage capacity or relief for the watercourse and any bank, wall, embankment or other structure, or any appliance constructed or used for land drainage or flood defence in connection with the watercourse;

  • “ordinary watercourse” has the same meaning as given in section 72 (interpretation) of the Land Drainage Act 1991f2;

  • “plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments and method statements; and

  • “specified work” means any of the following works carried out in relation to any ordinary watercourse—

    1. (a)

      erecting any mill dam, weir or other similar obstruction to the flow of the watercourse, or raising or otherwise altering any such obstruction;

    2. (b)

      the construction or alteration of a bridge or other structure;

    3. (c)

      erecting a culvert in the watercourse; or

    4. (d)

      altering a culvert in a manner that would be likely to affect the flow of the watercourse.

Annotations

Commencement

I1

Sch. 9 para. 30 in force at 6.6.2022, see art. 1

Footnotes

f1

1991 c. 59. The definition of “drainage board” is in section 23(8), which was amended by paragraph 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29).

f2

1991 c. 59.