Land Drainage Act 1991

33 Commutation of obligations

(1) Where—

(a) any person is under an obligation imposed on him by reason of tenure, custom, prescription or otherwise to do any work in connection with the drainage of land (whether by way of repairing banks or walls, maintaining watercourses or otherwise); and

(b) without prejudice to section 107(4) of the [1991 c. 57.] Water Resources Act 1991 (application of this section to main rivers), that work is otherwise than in connection with a main river,

the NRA or the drainage board for the internal drainage district where the work falls to be done may commute the obligation with the consent of the appropriate Minister.

(2) Where the NRA or an internal drainage board propose to commute any obligation to which this section applies, the NRA or board shall give, in such manner as the appropriate Minister may direct, notice of—

(a) the proposal;

(b) the terms on which it is to be commuted; and

(c) the period within which objection to the proposal may be made.

(3) If within one month of any notice being given under subsection (2) above the person on whom the obligation is imposed gives notice to the NRA or board of his objection to the proposal, the question whether the NRA or board shall proceed to commute the obligation shall be referred to the appropriate Minister.

(4) The decision of the appropriate Minister on a reference under subsection (3) above shall be final.

(5) Nothing in this section shall apply to any obligation imposed by section 25 above.

(6) In this section and section 34 below “the appropriate Minister”—

(a) in relation to the NRA, means either of the Ministers; and

(b) in relation to an internal drainage board, means the relevant Minister.