OpenLegislation

Article 20 Discharge of waterI1

England, Wales and Scotland

(1)

Network Rail may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2)

Any dispute arising from the making of connections to or the use of a public sewer or drain by Network Rail under paragraph (1) is to be determined as if it were a dispute under section 106 of the Water Industry Act 1991f1 (right to communicate with public sewers).

(3)

Network Rail must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs.

(4)

Network Rail must not make any opening into any public sewer or drain except—

(a)

in accordance with plans approved by the person to whom the sewer or drain belongs; and

(b)

where that person has been given the opportunity to supervise the making of the opening.

(5)

Network Rail must not, in carrying out or maintaining works further to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

(6)

Network Rail must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(7)

Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of F1the Environmental Permitting (England and Wales) Regulations 2016.

(8)

In this article—

(a)

“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board or a local authority; and

(b)

other expressions, excluding watercourses, used both in this article and in the Water Resources Act 1991f2 have the same meaning as in that Act.

Annotations

Textual amendments

F1

Words in art. 20(7) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 43 (with regs. 1(3), 77-79, Sch. 4)

Commencement

I1

Art. 20 in force at 6.11.2012, see art. 1

Footnotes

f1

1991 c. 56.

f2

1991 c. 57