Land Drainage Act 1991

18 Drainage of small areas. E+W

(1) Where—

(a) the [F1 Agency] is of the opinion that any land is capable of improvement by drainage works but that the constitution for that purpose of an internal drainage district would not be practicable; or

(b) a local authority other than a district council is of that opinion in relation to any land in their area,

the [F1 Agency] or, as the case may be, that local authority may, in accordance with the provisions of a scheme made by it or them under this section, enter on the land and carry out such drainage works as appear to it or them desirable.

[F2 (1A) Subsection (1) above has effect in relation to land in Wales with the omission of the words “other than a district council”.]

(2) Schedule 4 to this Act shall have effect with respect to the making of a scheme under this section.

(3) A scheme under this section must state—

(a) the works proposed to be carried out;

(b) the area to be improved by the works;

(c) the estimated expenses (including administrative expenses) of the carrying out of the works;

(d) the maximum amount to be recoverable by the [F1 Agency]or local authority in respect of those expenses; and

(e) the manner in which the expenses of carrying out and maintaining the works are to be apportioned amongst the lands comprised in the area to be improved.

(4) Subject to subsection (6) and (7) below, the amount stated in a scheme in pursuance of subsection (3)(c) above shall not exceed an amount equal to £50 for each hectare in the area to be improved.

(5) The following expenses, that is to say-

(a) those incurred by the [F1 Agency] or a local authority under this section in the carrying out of drainage works, to an amount not exceeding the amount stated in the scheme in pursuance of subsection (3)(d) above; and

(b) those incurred by the [F1 Agency] or a local authority in maintaining works carried out by the [F1 Agency] or, as the case may be, that authority under this section,

shall, according to the apportionment provided for by the scheme, be recoverable by the [F1 Agency] or that authority from the several owners of the lands to which the scheme relates.

(6) Each of the Ministers shall have power to exempt a scheme from the limit imposed by subsection (4) above if it appears to him that the works proposed to be carried out are urgently required in the public interest.

(7) Each of the Ministers shall have power by order made by statutory instrument from time to time to vary the limit imposed by subsection (4) above; but no such order shall have effect unless it is approved by a resolution of each House of Parliament.

(8) A scheme made under this section shall be a local land charge.

Textual Amendments

F1 Words in s. 18 substituted (1.4.199) by 1995 c. 25, s.120(1), Sch. 22, para. 191(with ss. 7(6), 115, 117); S.I. 1996/396, art. 3

F2 S. 18(1A) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11, Pt. II, para. 4(5) (with ss. 54(5)(7), 55(5)); S.I. 1996/186, art.3