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Land Drainage Act 1991
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Changes over time for: Section 26
Version Superseded: 06/04/2012
Alternative versions:
- 01/12/1991- Amendment
- 01/04/1996- Amendment
- 01/10/2009
Point in time - 06/04/2012- Amendment
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26 Competing jurisdictions under section 25.E+W
(1)Before exercising their powers under section 25 above in relation to any watercourse or part of a watercourse a local authority shall, according to whether or not the watercourse or part is in an internal drainage district, notify either the drainage board for that district or the [F1Agency].
(2)Where a local authority have powers (otherwise than under section 25 above) for securing the appropriate flow of water in any watercourse under their jurisdiction, the powers conferred by section 25 above shall not be exercised by any body in relation to that watercourse except—
(a)by agreement with the local authority; or
(b)where, after reasonable notice from that body, the local authority either fail to exercise their powers or exercise them improperly.
(3)Where any watercourse is under the jurisdiction of a navigation authority, harbour authority, conservancy authority or board of conservators which are exercising their powers, section 25 above shall not apply to the watercourse except with the consent of that authority or board.
(4)Nothing in this section shall apply in relation to section 25 above in its application to main rivers by virtue section 107(3) of the M1Water Resources Act 1991 (main river functions of [F1Agency]).
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