Land Drainage Act 1991

74 Application to Crown. E+W

(1) Subject as otherwise expressly provided in this Act, this Act shall apply to land belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, to land belonging to the Duchy of Cornwall and to land belonging to a government department.

(2) For the purposes of this Act the following shall be deemed to be the owner of land to which this section applies by virtue of this section, that is to say—

(a) in the case of land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or the Secretary of State, according as the land is under the management of those Commissioners or the Secretary of State;

(b) in the case of land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy; and

(c) in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints.

(3) Notwithstanding subsection (1) above but subject to subsection (4) below, nothing in this Act shall—

(a) authorise the compulsory acquisition of any land belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, or of any land belonging to the Duchy of Cornwall or a government department;

(b) operate as a grant—

(i) by or on behalf of Her Majesty as owner (whether in right of the Crown or of the Duchy of Lancaster) of any tidal lands; or

(ii) by or on behalf of the Duchy of Cornwall as owner of any such lands,

of any estate or interest in or right over any of those lands or any part of them; or

(c) authorise any person to do any work on, over or under, or to use for any purpose, any tidal lands or any lands belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, to the Duchy of Cornwall, or to any government department, except—

(i) with the consent of the owner of the land or, in the case of tidal lands, of the owner of the land and of the Secretary of State; and

(ii) in accordance with the approved plans and sections and subject to the prescribed restrictions and conditions;

or

(d) confer any power of levying drainage rates in respect of tidal lands.

(4) Nothing in subsection (3)(c) above shall apply to work done in maintaining existing works on tidal lands, or on land not in occupation of Her Majesty, the Duke of Cornwall or a government department.

(5) Section 222 of the M1 Water Resources Act 1991 (Crown application) shall have effect in relation to the provisions of this Act so far as they confer powers on the [F1 Agency][F2 or the Natural Resources Body for Wales] as it applies in relation to the provisions of that Act.

(6) In this section—

• “tidal lands” means lands below the high-water mark of ordinary spring tides but, for the purposes of subsection (3)(c) above, does not include any lands which are protected, by means of walls, embankments or otherwise, from the incursion of the tides; and

• “approved” and “prescribed” mean, respectively, approved and prescribed by the Secretary of State or, as the case may be, the owner of the lands, before the commencement of the work in question.

Textual Amendments

F1 Words in s. 74 substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 191 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in s. 74(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 336 (with Sch. 7)

Modifications etc. (not altering text)

C1 S. 74 applied(01.12.91)by Water Resources Act 1991 (c. 57, SIF 130), ss. 181(4), 225(2).

C2 S. 74 applied(01.12.91)by Water Resources Act 1991 (c. 57, SIF 130), ss. 222(6)(9), 225(2).

C3 S. 74 applied (1.7.1997) by 1995 c. 25, s. 116, Sch. 21, Pt. I, para. 2(4), (substituting 1991 c. 57, s. 222)(with ss. 7(6), 115, 117); S. I. 1997/1626, art. 2

Marginal Citations

M1 1991 c. 57.