Paragraph 33

England and Wales

(1)

The Authority F1may, after consulting—

(a)

the internal drainage board for each internal drainage district which is wholly or partly within the Broads;

F2(b)

Natural England;

F3(d)

The National Rivers Authority;

and with the agreement of the Minister of Agriculture, Fisheries and Food, prepare and issue (in such form and in such manner as it considers appropriate) a code of practice for the construction, alteration, renewal, maintenance or extension of drainage works within the Broads.

(2)

The Authority shall from time to time review F4any code of practice issued under sub-paragraph (1) above and, where it considers it appropriate, issue a revised code.

(3)

Before issuing a revised code the Authority shall consult the bodies mentioned in sub-paragraph (1) above.

(4)

The Authority shall not issue a revised code unless it has the agreement of the Minister.

(5)

Any drainage authority exercising functions in relation to any land within the Broads shall comply with the code.

(6)

Where it appears to the Authority that a drainage authority has failed to comply with any provision of the code, the Authority may give such directions to the drainage authority as it thinks fit.

(7)

Any dispute between the Authority and a drainage authority which arises in connection with the code shall be determined by the Minister of Agriculture, Fisheries and Food.

(8)

In this paragraph “drainage authority” means any body having statutory power to make or maintain works for the drainage of land.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 33(1) substituted (2.7.2009) by Broads Authority Act 2009 (c. i), Sch. 7 para. 11(1) (with ss. 2(3), 3(1), 16(3), 42, Sch. 6 Pts. 2, 3)
F2: Sch. 3 para. 33(1)(b)(c) substituted for Sch. 3 para. 33(1)(b) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 114; S.I. 2006/2541, art. 2 (with Sch.)
F3: Sch. 3 para. 33(1)(d) substituted by S.I. 1989/1380, regs. 3(1), 4(c)
F4: Words in Sch. 3 para. 33(2) substituted (2.7.2009) by Broads Authority Act 2009 (c. i), Sch. 7 para. 11(2) (with ss. 2(3), 3(1), 16(3), 42, Sch. 6 Pts. 2, 3)