Part VII Land and Works Powers

chapter I POWERS OF THE APPROPRIATE AGENCY

Restoration and improvement works for controlled waters

162 Other powers to deal with foul water and pollution.

(1)

Without prejudice to the powers conferred by F1sections 161 to 161D above and subsections (2) and (3) below, the F2appropriate agency shall have power, on any land—

(a)

which belongs to the F2appropriate agency; or

(b)

over or in which the F2appropriate agency has acquired the necessary easements or rights,

to construct and maintain drains, sewers, watercourses, catchpits and other works for the purpose of intercepting, treating or disposing of any foul water arising or flowing on that land or of otherwise preventing any such pollution as is mentioned in section 159(6)(b) above.

(2)

Subject to the following provisions of this Part, the F2appropriate agency shall, for the purpose of carrying out its functions, have power—

(a)

to carry out in a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and

(b)

to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above, including for those purposes the following kinds of works, that is to say—

(i)

breaking up or opening a street;

(ii)

tunnelling or boring under a street;

(iii)

breaking up or opening a sewer, drain or tunnel;

(iv)

moving or removing earth and other materials;

and the provisions of section 159 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section.

(3)

Subject to the following provisions of this Part, the F2appropriate agency shall, for the purpose of carrying out its functions, have power—

(a)

to carry out on any land which is not in, under or over a street all such works as are requisite for securing that the water in any relevant waterworks is not polluted or otherwise contaminated; and

(b)

to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) above;

and the provisions of section 160 above shall, so far as applicable, have effect in relation to the powers conferred by this subsection as they have effect in relation to the powers conferred by subsection (1) of that section.

(4)

Without prejudice to the provisions of sections 178 to 184 below, nothing in subsection (1) above shall authorise the F2appropriate agency, without the consent of the navigation authority in question, to intercept or take any water which a navigation authority are authorised to take or use for the purposes of their undertaking.

(5)

Any dispute as to whether any consent for the purposes of subsection (4) above is being unreasonably withheld shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(6)

In this section—

“relevant waterworks” means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises;

“service pipe” and “water main” have the same meanings as in the M1Water Industry Act 1991;

“waterworks” includes any water main, resource main, service pipe or discharge pipe and any spring, well, adit, borehole, service reservoir or tank.