Water Act 1989

The Opencast Coal Act 1958 (c. 69) E+W

26 (1) In section 7 of the Opencast Coal Act 1958 (limitation on compulsory rights orders)—

(a) in subsection (2)(c), for the words from “or of the body” to “drainage authority,” there shall be substituted the words “or of any internal drainage board”; and

(b) for subsection (8) there shall be substituted the following subsection—

“(8) In this section “statutory water undertakers” means the National Rivers Authority, a water undertaker or a sewerage undertaker and “local enactment” means any local statutory provision within the meaning of the Water Act 1989.”

(2) In section 12(1) of that Act (removal and disposal of chattels from land comprised in compulsory rights order), in the proviso, for the words from “or to the body” to “that authority” there shall be substituted the words “and used by those undertakers for the purposes of their undertaking or belonging to an internal drainage board and used by that board”.

(3) In section 13(2) of that Act (apparatus of statutory undertakers and other bodies), for paragraph (b) there shall be substituted the following paragraph—

“(b) as if any reference in those provisions to the person carrying on a statutory undertaking included a reference to an internal drainage board and, in relation to an internal drainage board, any reference to the carrying on of the undertaking were a reference to the performance of the functions of the board.”

(4) In section 39(6)(b) of that Act (restrictions on powers to enter land for the purpose of carrying out operations), for the words from “a sewerage” to “drainage authority, to” there shall be substituted the words “by an internal drainage board, and those persons or that board object to the proposed operations on the ground that the carrying out of the operations would be seriously detrimental to the carrying on of their undertaking, or, in the case of an internal drainage board, to”.

(5) In section 51(1) of that Act (interpretation), in the definition of “appropriate Minister”, in paragraph (e), for the words “drainage authority” there shall be substituted the words “internal drainage board”.