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10. For the protection of the National Rivers Authority (in this article referred to as “the Authority”) the following provisions shall, unless agreed in writing between the Company and the Authority, apply and have effect:–
(1) In this article–
“the Act of 1976” means the Land Drainage Act 1976(1);
“watercourse” means any watercourse within the meaning of section 116 of the Act of 1976 vested in or under the jurisdiction or control of the Authority.
(2) Nothing in this Order shall prejudice or affect the operation of–
(a)section 28 of the Act of 1976, in relation to the erection or alteration of any culvert or of any obstruction whatsoever, in connection with or forming part of the Company’s railway, which may affect the flow of any watercourse not forming part of a main river; or
(b)section 29 of that Act, in relation to the erection or alteration of any structure in, over or under a watercourse which is part of the main river; or
(c)the Authority’s land drainage byelaws made under the Act of 1976.
(3) Any difference between the Authority and the Company with reference to the provisions of this article or to any works to which this article applies shall be referred to and settled by arbitration.
(4) The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article.
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