Acts in force and ceased l list of acts titles listed in red are ceased. Nothing in this act shall derogate from the resource management act 1991. Upper witham internal drainage board leaflet pdf 185kb. The land drainage act 1991 will underpin ordinary watercourse regulations undertaken by local authorities. It is a simplified guide to the current law relating to riparian responsibilities and this should be noted by readers. Application for ordinary watercourse consent land drainage. Throughout the course, examples of situations relating to land drainage will be discussed, including those caused by development. It focuses on key provisions of lda 1991, such as internal drainage boards idbs and districts and their powers, as well as key definitions. General requirements for land adjacent to a watercourse section 23of the land drainage act 1991 any works affecting watercourse require theprior consent of works in this instance will include outfalls, culverting etc. Guidance for application for ordinary watercourse consent land drainage act 1991 please read these guidance notes before completing the application form.
The person responsible may also be prosecuted for nuisance under the public health act 1936. In cases of dispute or doubt, legal advice should be sought or reference made directly to the land drainage act 1991, available at the reference section of the local public library or online. Changes to ordinary watercourse management has been made by the flood and water management act2010, in particular paragraph 32 of schedule 2 which amends section 23 of the land drainage act 1991. The land drainage system deals with a large proportion of the water arising inland from rainfall and surface. Those changes will be listed when you open the content using the table of contents below. There are changes that may be brought into force at a future date. See end of document for details view outstanding changes land drainage act 1991 1991 chapter 59 an act to consolidate the enactments relating to internal drainage boards, and. However, the process contained in the land drainage act 1991 is lengthy and bureaucratic. Land drainage act 1908 no 96 as at 12 november 2018. An act to consolidate the enactments relating to internal drainage boards, and to the functions of such boards and of local authorities in relation to land drainage, with amendments to give effect to recommendations of the law commission.
Land drainage act 1991, section 25 is up to date with all changes known to be in force on or before april 2020. Investigate all significant flooding incidents, please click here pdf, 204kb. The text of this internet version of the act is published by the queens printer of acts of parliament and has been prepared to reflect the text as it received royal assent. The land drainage act 1961 was an act of parliament passed by the united kingdom government which provided mechanisms for river boards to raise additional finance to fund their obligations. It built upon the provisions of the land drainage act 1930 and the river boards act 1948. Flood and water management act 2010 environment agency.
An act to consolidate the enactments relating to internal drainage boards, and to the functions of such boards and of local authorities in relation to land drainage. The local authority can serve a notice to improve land drainage. This is a reprint of the land drainage act 1908 that incorporates all the amendments to that act as at the date of the last. East sussex county council application for ordinary watercourse consent land drainage act 1991 section 14 declaration by signing below, you are declaring that as far as you know, the information given in this application, including. This consultation set out proposals to streamline the order making process for idb structural reforms. Wilsham consultings director stephen gibson has experience of winning a number of cases for local communities.
The land drainage act 1991 has been subject to a number of changes following subsequent legislation. Ordinary watercourse regulation supporting documents. Land drainage act 1991 nomination paper sow and penk internal drainage district sow and penk electoral district election of members of sow and penk internal drainage board internal drainage board in the year 2019 i. The land drainage act 1991 makes provision for local authorities to take action with.
Land drainage act with its variations is a stock short title used in new zealand and the united kingdom for legislation relating to land drainage. The idb, in addition to the powers derived directly from the land. Please read through the guidance notes and the application form carefully before you fill the form in. Land drainage act 1991 cross sections of consentable. Flooding enforcement policy lincolnshire county council. The undersigned, being an elector of the said electoral district, or otherwise qualified to nominate candidates for. See the notes at the end of this reprint for further details. Control of introduction of water and increases in flow or volume of water 4. This practice note is a snapshot on the purpose and scope of the land drainage act 1991 lda 1991. Rivers authorities and land drainage parliament publications. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The improvement of the drainage of the above land is being prevented by the condition of the ditch details of which i set out bellow. Only a handful of consultants in the uk have the experience have the experience of advising on land drainage act cases. Changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this reprint. The way that the fwma will operate telford and wrekin. Request to approve the serving of a statutory notice under. Drainage act 1991, has byelaws to assist in controlling activities adjacent to watercourse. Section 23 of the land drainage act 1991 download now.
Under the land drainage act 1991 as amended watercourses within our district must not be created, altered, infilled, or culverted or discharged into without the. Notice is hereby given that the day of the poll for the election of members of the internal drainage board of the above named drainage district will, if a poll shall be necessary, be 27th october 2016. The riparian owner must accept the natural flow from upstream but need not carry out work to cater for increased flows resulting from some types of works carried out upstream, for example a new. The land drainage act 1991 requires that a watercourse be maintained by its owner in such a condition that the free flow of water is not impeded. Indicative list of works which may or may not require.
Changes to ordinary watercourse management have been made by the flood and water management act 2010 fwma. Oversized box culvert including extension and removal of consent required under section 23 1b. To obtain the boards written consent you are required to complete an application. Land drainage act 1991 flood and water management act 2010. Land drainage law for nonlegal professionals courses. Ldc2 lancashire county council guidance notes for ordinary. Works within 9 metres of boards adopted watercourse of other drainage or flood risk management infrastructure byelaw 10 alterations to a watercourse including infill ing, culverting or amending byelaw 4 and section 23, land drainage act 1991 2. Flooding and surface water drainage this information is only available to paying isurv subscribers.
Changes that have been made appear in the content and are referenced with annotations. Where there is noncompliance with the section 212 legal notice, we may then have the power under section 214 of the land drainage act 1991 to carry out the remedial works and recover the costs of the works from the responsible party. Section 23 of the land drainage act 1991 will be amended by the flood and water management act 2010 to say. Water resources act 1991, an internal drainage board or a local authority, except subject to subsection 8 below a county council, may make such byelaws as they consider necessary for securing the efficient working of the drainage system in their district or area. This will occur following commencement of paragraphs 32 34 of schedule 2 of the flood and water management act 2010. Consent explanatory notes pdf 65kb cumbria county council. Western australian legislation acts in force and ceased l. To consider the request to serve a statutory notice under section 25 of the land drainage act 1991 to require the owner of 8 hillside court, llantwit fardre to remove an obstruction from a culvert that passes through the extended curtilage of the property. A print version is also available and is published by the stationery office limited as the land drainage act 1991 c. There are outstanding changes not yet made by the legislation. The river stour kent internal drainage board iwe hereby apply for consent under the lane drainage act andor the byelaws of the board made thereunder to carry out the works or operations described hereunder, in, over, under or in the vicinity of a watercourse or. Supporting documents for ordinary watercourse regulation applications. If you are unsure about anything in these guidelines, please contact the lead local flood authority llfa, east sussex county council, who will be happy to offer advice. Section 28 and 30 of the land drainage act 1991 v2017 1 application under the land drainage act 1991.
Land drainage act 1991 upper medway internal drainage board members of the board elected members i, the undersigned, being the returning officer for the election of members of the drainage board for the several electoral districts of the abovenamed drainage district, do hereby declare that as the number of candidates does not. Drainage act 1991 will underpin ordinary watercourse regulation undertaken by local authorities. Guidance for application for ordinary watercourse consent. In june 2007 the council adopted the permissive powers contained in the land drainage act 1991 and set out the circumstances under which land drainage investigations and associated powers would be deployed by the council. The 1994 act amends the land drainage act of 1991 in relation to the functions of internal drainage boards and local authorities. The land drainage act 1991 requires that a watercourse be maintained by its owner in such a. The land drainage act 1991 will underpin ordinary watercourse regulation undertaken by local authorities.
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