Wildlife and Countryside Act 1981

48 Duties of water authorities etc. with respect to nature conservation and the countryside

(1) For subsection (1) of section 22 of the [1973 c. 37.] Water Act 1973 (duties with respect to nature conservation and amenity) there shall be substituted the following subsection—

“(1) In formulating or considering any proposals relating to the discharge of any of the functions of water authorities, those authorities and the appropriate Minister or Ministers—

(a) shall, so far as may be consistent with the purposes of this Act and of the Land Drainage Act 1976, so exercise their functions with respect to the proposals as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest;

(b) shall have regard to the desirability of protecting buildings or other objects or archaeological, architectural or historic interest; and

(c) shall take into account any effect which the proposals would have on the beauty of, or amenity in, any rural or urban area or on any such flora, fauna, features, buildings or objects.”

(2) In subsection (3) of that section the words " not being land for the time being managed as a nature reserve " shall be omitted.

(3) After that subsection there shall be inserted the following subsections—

“(4) Where any land has been notified to a water authority under subsection (3) above, the authority shall consult with the Council before executing or carrying out any works or operations appearing to them to be likely to destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest.

(5) Subsection (4) above shall not apply in relation to any emergency operation particulars of which (including details of the emergency) are notified to the Council as soon as practicable after the commencement of the operation.

(6) References in this section to water authorities shall include references to internal drainage boards and the reference in subsection (3) above to the water authority in whose area the land is situated shall include a reference to the internal drainage board in whose district the land is situated.”