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Land Drainage Act 1991
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Changes over time for: Section 30
Changes to legislation:
Land Drainage Act 1991, Section 30 is up to date with all changes known to be in force on or before 11 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 30:
- s. 37(5A)-(5D) inserted by 2016 anaw 3 s. 83(2)(b)
- s. 37(5A) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(i)
- s. 37(5B)(5C) words substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
- s. 37(5D)(5E) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 37(5A)-(5D) inserted by 2016 anaw 3 s. 83(2)(b)
- s. 37(5A) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(i)
- s. 37(5B)(5C) words substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
- s. 37(5D)(5E) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
30 Authorisation of drainage works in connection with a ditch.E+W
(1)Where the drainage of any land requires—
(a)the carrying out of any work in connection with a ditch passing through other land;
(b)the replacement or construction of such a ditch; or
(c)the alteration or removal of any drainage work in connection with such a ditch,
the [F1appropriate tribunal], on the application of the owner or occupier of the first-mentioned land, may if they think fit make an order under this section.
(2)An order under this section is an order authorising the applicant for the order—
(a)for the purpose mentioned in subsection (1) above, to carry out such work as may be specified in the order; and
(b)so far as may be necessary for that purpose, to enter any land so specified.
(3)Subsections (3) to (7) of section 29 above shall apply in relation to the powers conferred by virtue of an order under this section as they apply in relation to the powers conferred by virtue of that section.
(4)In this section “ditch” has the same meaning as in section 28 above.
[F2(5)For the purposes of subsection (1), “appropriate tribunal” means—
(a)where the land is in England, the First-tier Tribunal; and
(b)where the land is in Wales, the Agricultural Land Tribunal.]
Textual Amendments
F1Words in s. 30(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 214(a) (with Sch. 3)
F2S. 30(5) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 214(b) (with Sch. 3)
Modifications etc. (not altering text)
C1S. 30 excluded (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), arts. 1, 10(1)(e) (with Sch. 8 Pt. 6 para. 19)
C2S. 30 excluded (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 47(1)(c) (with arts. 5, 36)
C3S. 30 excluded (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 40(1) (with arts. 5, 53, Sch. 8 paras. 6, 64)
C4S. 30 excluded (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 7 (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103)
C5S. 30 excluded (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), arts. 1(2), 8(1) (with arts. 21, 41, Sch. 10)
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