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Part VIIE+W+S Land and Works Powers

Modifications etc. (not altering text)

C1Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

chapter IE+W+S POWERS OF THE [F1APPROPRIATE AGENCY]

Textual Amendments

Flood defence and drainage worksE+W+S

167 Power to dispose of spoil in connection with flood defence works.E+W

(1)Subject to subsection (2) below, the [F2appropriate agency] may—

(a)without making payment for it, appropriate and dispose of any matter removed in the course of the carrying out of any work for widening, deepening or dredging any watercourse; and

(b)deposit any matter so removed on the banks of the watercourse, or on such width of land adjoining the watercourse as is sufficient to enable the matter in question to be removed and deposited by mechanical means in one operation.

(2)Subsection (1) above shall not authorise the deposit of any matter if the matter deposited would constitute a statutory nuisance within the meaning of Part III of the M1Environmental Protection Act 1990.

(3)The [F3appropriate agency] and the council of any district or London borough [F4 or Welsh county or county borough] may enter into an agreement providing—

(a)for the disposal by the council of any matter removed as mentioned in subsection (1) above; and

(b)for the payment by the [F3appropriate agency] to the council, in respect of the disposal of the matter by the council, of such sum as may be provided by the agreement.

(4)In this section “banks” and “watercourse” have the same meanings as in Part IV of this Act.