OpenLegislation

Paragraph 57

Original text. Later amendments are not shown.

(1)

The provisions of this Part have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority.

(2)

In this Part—

  • “authorised development” has the same meaning as in article 2(1) (interpretation) of this Order and (unless otherwise specified) for the purposes of this Part of this Schedule includes the operation and maintenance of the authorised development and the construction of any works authorised by this Part of this Schedule

  • “construction” includes execution, placing, altering, replacing, relaying and removal; and

  • “construct” must be construed accordingly;

  • “drainage authority” means Trent Valley Internal Drainage Board, to the extent that in relation to an ordinary watercourse, Trent Valley Internal Drainage Board is the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991; and

  • “drainage work” means any watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, sea defence or tidal monitoring which is the responsibility of the drainage authority as identified in the crossings schedule subject to such changes as notified to the undertaker;

  • “ordinary watercourse” has the meaning given by section 72 of the Land Drainage Act 1991;

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

  • “specified work” means so much of the authorised development as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to—

    1. (a)

      affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

    2. (b)

      affect the flow, purity or quality of water in any watercourse; or

    3. (c)

      affect the conservation, distribution or use of water resources.