Q&As

Are county councils a relevant ‘drainage board’ for the purpose of serving a notice under section 25 of the Land Drainage Act 1991?

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Published on LexisPSL on 12/12/2018

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • Are county councils a relevant ‘drainage board’ for the purpose of serving a notice under section 25 of the Land Drainage Act 1991?

Section 25 of the Land Drainage Act 1991 (LDA 1991) provides the drainage board concerned with powers to require works for maintaining flow of watercourse, where any ordinary watercourse is in such a condition that the proper flow of water is impeded—unless the condition is attributable to subsidence due to mining operations (including pumping).

Internal drainage boards (IDBs) are public bodies, created under LDA 1991, that manage water levels in designated areas, called internal drainage districts, where there is a special need for drainage. IDBs are responsible for the drainage of land, defined in LDA 1991, as defence against water including sea water, irrigation other than spraying irrigation, warping and the carrying on, for any purpose, of any other practice which involves engagement of the level of water in a watercourse. The powers given to IDBs are set out in LDA 1991, Pt II and include general drainage powers and powers for enforcement in relation to facilitating or securing the drainage of

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