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Land Drainage Act 1961

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17(1)Section forty-four (which prohibits the erection, without the consent of the drainage board, of any mill dam, weir or other like obstruction to the flow of any watercourse) shall be amended as follows.

(2)In the proviso to subsection (7) (which provides for compensation to persons injured in the exercise of powers under that subsection) for the words from " shall be determined " to the end of the subsection there shall be substituted the words

“shall be determined by the Lands Tribunal”.

(3)At the end of the section there shall be added the following subsection:—

“(9)Nothing in this section shall apply in relation to any watercourse which is part of the main river.”

(4)Where the erection or alteration of a culvert would be likely to affect the flow of any watercourse, the said section forty-four shall apply in relation to the erection or alteration as it applies in relation to the erection or alteration of such an obstruction as is mentioned in subsection (1) of that section.

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