SCHEDULES

SCHEDULE 3Sustainable Drainage

Works on public land

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1

The Minister may make regulations requiring a statutory undertaker to notify the approving body before commencing statutory works on public land where the works will or may affect the operation of a drainage system on that land.

2

Public land” means land owned or occupied by a designating authority for the purposes of Schedule 1.

3

The regulations shall define—

a

“statutory undertaker”, and

b

“statutory works”.

4

The regulations may specify criteria for determining what works are to be treated as works that will or may affect the operation of a drainage system.

5

The regulations may include provision about—

a

timing, and

b

procedure.

6

The regulations may—

a

specify consequences of failure to comply with a provision of the regulations;

b

include provision requiring, or enabling an approving body to require, a statutory undertaker who is carrying out or has carried out works affecting a drainage system to carry out further work in relation to the system (which may include, in particular, a requirement to leave the system in a state approved by the approving body, having regard to national standards on sustainable drainage);

c

give approving bodies default powers to undertake work and recover costs.

7

The regulations may amend an enactment so as to introduce a cross-reference to the regulations.