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)
”
.