Land Drainage Act 1991

39 Petition for sub-division of internal drainage district. E+W

(1) Subject to subsection (6) below, where a petition for the making, variation or revocation of an order under section 38 above is made to the drainage board for an internal drainage district by a sufficient number of qualified persons or by a qualified authority, the board—

(a) shall consider the petition; and

(b) if so directed by a direction under subsection (2) below, shall make, vary or revoke the order, either in accordance with the petition or in accordance with the petition as modified by the direction.

(2) A direction under this subsection is a direction given—

(a) if the [F1 appropriate supervisory body] is the board, by either of the Ministers; and

(b) in any other case, by the [F1 appropriate supervisory body].

(3) Where an internal drainage board object to a direction under subsection (2) above given by the [F1 appropriate supervisory body], the direction shall have no effect unless confirmed (with or without modifications) by the relevant Minister.

(4) Subject to subsection (6) below, where a petition under this section is received by the drainage board for an internal drainage district, the board shall—

(a) inform the [F1 appropriate supervisory body] or, if the [F1 appropriate supervisory body] is the board, one of the Ministers; and

(b) publish a notice under subsection (5) below F2 ....

(5) A notice under this subsection is a notice—

(a) that the petition has been received,

(b) that the making, variation or revocation of an order under section 38 above will be considered; and

(c) that representations may be made to the drainage board within a period (which shall not be less than thirty days) stated in the notice.

F3 ( 5A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This section does not require the drainage board for an internal drainage district to consider any petition or publish any notice of a petition if—

(a) they have received a petition under this section within the period of ten years immediately preceding the making of the first-mentioned petition;

(b) they have, within that period, by an order made in exercise of the powers conferred by section 38 above, divided their district into sub-districts or varied or abolished any sub-district; or

(c) the petition is frivolous in the opinion of the [F1 appropriate supervisory body] or, if the [F1 appropriate supervisory body] is the board, of either of the Ministers.

(7) After considering a petition under this section and not later than six months after it is received, a drainage board shall inform the [F1 appropriate supervisory body] or, as the case may be, one of the Ministers—

(a) whether they propose to make, vary or revoke any order under section 38 above; and

(b) if they propose to make or vary such an order, of the terms of the order or variation they propose to make.

Textual Amendments

F1 Words in s. 39 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 325 (with Sch. 7)

F2 Words in s. 39(4)(b) repealed (14.7.2014) by Water Act 2014 (c. 21), s. 94(3), Sch. 9 para. 5(2); S.I. 2014/1823, art. 2(b)

F3 S. 39(5A) omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3), ss. 82(1), 88(2)(d)