Part 9Statutory nuisances
I1111Statutory nuisance: land covered with water
1
Section 79 of the 1990 Act is further amended as follows.
2
In subsection (1), after paragraph (e), insert—
ea
any water covering land or land covered with water which is in such a state as to be prejudicial to health or a nuisance;
3
After subsection (5), insert—
5ZA
For the purposes of subsection (1)(ea) above, “land”—
a
includes structures (other than buildings) in, on or over land;
b
does not include—
i
mains or other pipes used for carrying a water supply;
ii
any part of the public sewerage system;
iii
any other sewers, drains or other pipes used for carrying sewage;
iv
the foreshore, that is to say, the land between the high and low water marks of ordinary spring tides;
v
the seabed.
5ZB
In subsection (5ZA) above—
“drain”, “sewage” and “sewer” have the meanings given by section 59 of the Sewerage (Scotland) Act 1968 (c. 47);
“main” has the meaning given by section 109(1) of the Water (Scotland) Act 1980 (c. 45);
“pipe” includes a service pipe within the meaning of that section of that Act;
“public sewerage system” has the meaning given by section 29 of the Water Services etc. (Scotland) Act 2005 (asp 3).