C2Part VII Land and Works Powers
chapter III PROVISIONS SUPPLEMENTAL TO LAND AND WORK POWERS
Protective provisions
C1179 Protective provisions in respect of flood defence works and watercourses etc.
1
Nothing in this Act shall confer power on any person to do anything, except with the consent of the person who so uses them, which interferes—
a
with any sluices, floodgates, groynes, sea defences or other works used by any person for draining, preserving or improving any land under any local statutory provision; or
b
with any such works used by any person for irrigating any land.
2
Where the F1appropriate agency proposes, otherwise than in exercise of any compulsory powers—
a
to construct or alter any such inland waters in any internal drainage district as do not form part of a main river; or
b
to construct or alter any works on or in any such inland waters,
the F1appropriate agency shall consult the internal drainage board for that district before doing so.
3
A consent for the purposes of subsection (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.
4
Any dispute—
a
as to whether anything done or proposed to be done interferes or will interfere as mentioned in subsection (1) above;
b
as to whether any consent for the purposes of this section is being unreasonably withheld; or
c
as to whether any condition subject to which any such consent has been given was reasonable,
shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.
5
The provisions of this section shall be without prejudice to the provisions of Schedule 22 to this Act.
Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3