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Land Drainage Act 1991
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- 1991 c. 59
- Part III
- Section 35
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Land Drainage Act 1991, Section 35 is up to date with all changes known to be in force on or before 08 November 2024. 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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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)
35 Powers to vary navigation rights.E+W
(1)Subject to the following provisions of this section, where, on an application made to him for that purpose by the [F1appropriate agency] and (except where the application is made in connection with a main river) the drainage boards for every internal drainage district within which any of the waters to which that application relates are situated—
(a)it appears to either of the Ministers that a navigation authority is not exercising at all, or is not exercising to the necessary extent, the powers vested in it; and
(b)it appears to him desirable to do so with a view to securing the better drainage of any land,
he may by order made by statutory instrument revoke, vary or amend the provisions of any local Act relating to navigation rights over any canal, river or navigable waters or to the powers and duties of the navigation authority with respect to any canal, river or navigable waters.
(2)Without prejudice to the generality of the power conferred by subsection (1) above, an order under this section may extinguish, vary or suspend, during such period as the Minister making the order may think proper, any such rights, powers or duties as are mentioned in that subsection.
(3)The power of each of the Ministers to make an order under this section—
(a)shall be exercisable only after consultation with [F2the Secretary of State]; and
(b)shall not be exercisable in relation to any waters within the ebb and flow of the tide at ordinary spring tides except with the consent of [F3the Secretary of State for Transport].
(4)An order made under this section may contain such incidental, consequential or supplemental provisions as appear to the Minister making the order to be necessary or proper for the purposes of the order.
(5)Schedule 3 to this Act shall apply with respect to an order under this section.
Textual Amendments
F1Words in s. 35(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 324 (with Sch. 7)
F2Words in s. 35(3)(a) substituted (13.8.2001) by S.I. 2001/2568, art. 16, Sch. para. 13(a)(b)
F3Words in s. 35(3)(b) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 19
Modifications etc. (not altering text)
C1S. 35(3)(a): functions transferred (13.8.2001) by virtue of S.I. 2001/2568, art. 6(2)
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