Part 3Miscellaneous

Sewers and drains

I199Communication with public sewers

1

Section 106 of the WIA (right to communicate with public sewers) is amended as follows.

2

After subsection (1) there is inserted—

1A

In this section, and in sections 107 to 109, 111, 113 to 116, 118, 119, 124, 127, 139 and 146 below—

a

references (however expressed) to a public sewer include a public lateral drain which satisfies sewer standards; and

b

for the purposes of paragraph (a) above—

i

a “public lateral drain” is a lateral drain which either belongs to the sewerage undertaker or is vested in the sewerage undertaker by virtue of a declaration made under section 102 above or under an agreement made under section 104 above; and

ii

sewer standards” means such standards of construction and repair as the undertaker would require if the public lateral drain or part of it were to become a public sewer.

3

In subsection (4), for “is such that the making of the communication would be prejudicial to the undertaker’s sewerage system” there is substituted—

a

does not satisfy the standards reasonably required by the undertaker; or

b

is such that the making of the communication would be prejudicial to the undertaker’s sewerage system.

4

After subsection (5) there is inserted—

5A

Where the sewer or drain satisfies the standards reasonably required by it, a sewerage undertaker may, as a condition of permitting the communication to be made, require that the sewer or that part of the drain forming the lateral drain be vested in it by virtue of a declaration under section 102 above.

5

In subsection (6)—

a

for “(3) to (5)” there is substituted “ (3) to (5A) ”,

b

in paragraph (b), after “(5)” there is inserted “ or (5A) ”,

c

at the end there is added “ (and, accordingly, section 105 above shall not apply to any requirement under subsection (5A) above). ”

6

In section 219 of the WIA (general interpretation), in the definition of “public sewer”, after “means” there is inserted “ (subject to section 106(1A) above) ”.