SCHEDULES

SCHEDULE 22 Minor and consequential amendments

The Land Drainage Act 1991

191

In the M1Land Drainage Act 1991, for the words “NRA”, wherever occurring, there shall be substituted the word “ Agency ”.

192

(1)

In section 23 of that Act (prohibition on obstructions etc in watercourses) in subsection (2) (which confers power to charge an application fee of £50 or such other sum as may be specified by order made by the Ministers) for the words “specified by order made by the Ministers” there shall be substituted the word “prescribed”.

(2)

After subsection (7) of that section there shall be inserted—

“(7A)

In subsection (2) above “prescribed” means specified in, or determined in accordance with, an order made by the Ministers; and any such order may make different provision for different cases, including different provision in relation to different persons, circumstances or localities.”

193

At the beginning of Part V of that Act (miscellaneous and supplemental provisions) there shall be inserted—

“ Spray irrigation

61F Powers of internal drainage boards and local authorities to facilitate spray irrigation.

(1)

Any internal drainage board or local authority may, with the consent of the Agency, operate any drainage works under the control of the board or authority so as to manage the level of water in a watercourse for the purpose of facilitating spray irrigation.

(2)

Subsection (1) above is without prejudice to—

(a)

the powers of an internal drainage board or local authority in relation to drainage; or

(b)

any requirement—

(i)

for any other consent of the Agency or any other person; or

(ii)

for any licence, approval, authorisation or other permission or registration.”

194

(1)

In section 72 of that Act, in subsection (1) (general definitions) there shall be inserted at the appropriate place—

““the Agency” means the Environment Agency;”.

(2)

In that subsection, the definition of “the NRA” shall be omitted.