Witham First District Internal Drainage Board under and by virtue of the powers and authority vested in them by section 66 of the Land Drainage Act, 1991, do make the following Byelaws which are considered necessary for securing the efficient working of the drainage system in their district:
(i) These Byelaws shall have effect within the District;
(ii) The watercourses referred to in these Byelaws (other than Byelaws 3, 4 and 9) are watercourses which are for the time being vested in or under the control of the Board.
In this byelaw “nets” includes –
(a) a stake net, bag net or keep net;
(b) any net secured by anchors and any net, or other implement for taking fish, fixed to the soil or made stationary in any other way;
(c) any net placed or suspended in any inland or tidal waters unattended by the owner or a person duly authorised by the owner to use it for fish, and any engine, device, machine or contrivance, whether floating or otherwise, for placing or suspending such a net or maintaining it in working order or making it stationary.
(a) discharge or put or cause or permit to be discharged or put or negligently or wilfully cause or permit to fall into any watercourse, any object or matter of any kind whatsoever whether solid or liquid;
(b) allow any such object or matter as is referred to in sub-paragraph (a) of this Byelaw to remain in proximity to any watercourse in such manner as to render the same liable to drift or fall or be carried into any watercourse.
Providing that nothing in this Byelaw shall be deemed to render unlawful the growing or harvesting of crops in accordance with normal agricultural practice.
(a) the building or structure is causing or is in imminent danger of causing an obstruction to the flow of the watercourse, or
(b) the building or structure is causing or is in imminent danger of causing damage to the bank of the watercourse,
carry out such reasonable and practicable works as are specified in the notice for the purpose of remedying or preventing the obstruction or damage as the case may be within such reasonable time as is specified in the notice.
Provided that nothing in this Byelaw shall be deemed to affect or prevent the use of, for the purpose of enabling animals to drink at it, any place made or to be made or constructed as approved by the Board.
(a) place or affix or cause or permit to be placed or affixed any gas or water main or any pipe or appliance whatsoever or any electrical main or cable or wire in or over any watercourse or in, over or through any bank of any watercourse;
(b) cut, pare, damage or remove or cause or permit to be cut, pared, damaged or removed any turf forming part of any bank of any watercourse, or dig for or remove or cause or permit to be dug for or removed any stone, gravel, clay, earth, timber or other material whatsoever forming part of any bank of any watercourse or do or cause or permit to be done anything in, to or upon such bank or any land adjoining such bank of such a nature as to cause damage to or endanger the stability of the bank;
(c) make or cut or cause or permit to be made or cut any excavation or any tunnel or any drain, culvert or other passage for water in, into or out of any watercourse or in or through any bank of any watercourse;
(d) erect or construct or cause or permit to be erected or constructed any fence, post, pylon, wall, wharf, jetty pier, quay, bridge, loading stage, piling, groyne, revetment or any other building or structure whatsoever in, over or across any watercourse or in or on any bank thereof;
(e) place or fix or cause or permit to be placed or fixed any engine or mechanical contrivance whatsoever in, under or over any water- course or in, over or on any bank of any watercourse in such a manner or for such length of time as to cause damage to the watercourse or banks thereof or obstruct the flow of water in, into or out of such watercourse.
Provided that this Byelaw shall not apply to any temporary work executed in an emergency but a person executing any work so excepted shall, as soon as practicable, inform the Board in writing of the execution and of the circumstances in which it was executed and comply with any reasonable directions the Board may give with regard thereto.
Provided that the Board shall not exercise their powers under this Byelaw so as to limit the speed of –
(a) vessels in any tidal waters except after consultation with the Department of Transport; or
(b) vessels navigating waterways of the British Waterways Board for which speed limits are prescribed by the Byelaws of such Board.
(a) conflict with or interfere with the operation of any Byelaw made by the Environment Agency or of any navigation, harbour or conservancy authority but no person shall be liable to more than one penalty or in the case of a continuing offence more than one daily penalty in respect of the same offence; (b) restrict, prevent, interfere with or prejudice the exercise of any statutory rights or powers which are now or hereafter may be vested in or exercised by –
(i) any public utility undertaking carried on by a local authority under any Act or under any Order having the force of an Act;
(ii) the undertakings of the Environment Agency and of any water undertaker or sewerage undertaker;
(iii) British Gas plc;
(iv) any navigation, harbour or conservancy authority;
(v) the British Railways Board with respect to the construction, use or maintenance and repair of any railway property or so as to interfere with the free, uninterrupted and safe use of any railway of the British Railways Board and the traffic thereon and the use by passengers of railway property;
(vi) any local authority;
(vii) any highway authority for the purposes of the Highways Act 1980 (as amended by any subsequent enactment) in relation to any highway whether or not maintainable at public expense;
(viii) the Post Office;
(ix) any undertaking engaged in the operation of a tele- communications system;
(x) the British Airports Authority;
(xi) the Civil Aviation Authority;
(xii) the British Waterways Board;
(xiii) the British Coal Corporation;
(c) restrict, prevent, interfere with or prejudice any right of a highway authority to introduce into any watercourse surface water from a highway, for which it is the highway authority;
(d) restrict, prevent, interfere with or prejudice any right of a licence holder within the meaning of Part 1 of the Electricity Act 1989 to do anything authorised by that licence or anything reasonably necessary for that purpose.
(e) affect any liability arising otherwise than under or by reason of these Byelaws.
(a) Where by or under Byelaws 4, 9, 11, 12, 13 or 17 any person is required by notice in writing given by the Board to do any work to the satisfaction of the Board or to comply with any directions of the Board, he may within 21 days after the service of such notice on him give to the Board a counter-notice in writing objecting to either the reasonableness of or the necessity for such requirement or directions, and in default of agreement between such person and the Board the dispute shall, when the person upon whom such notice was served is a drainage or local authority be referred to the Minister whose decision shall be final, and in any other case shall be referred to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers on the application of either party. Where such a counter-notice has been given to the Board the operation of the notice shall be suspended until either agreement has been reached or the dispute has been determined by arbitration in accordance with the provisions of this Byelaw;
(b) where by or under these Byelaws any person is required by a notice in writing given by the Board to do any work to the satisfaction of the Board or to comply with any directions of the Board and any dispute subsequently arises as to whether such work has been executed or such directions have been complied with, such dispute if it arises between a drainage authority or local authority and the Board shall be referred to the Minister whose decision shall be final, and in any other case shall be referred to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers on the application of either party;
(c) where by or under Byelaw 3, 6, 10, 16 or 17 any person is required to refrain from doing any act without the consent of the Board such consent shall not be unreasonably withheld and may be either unconditional or subject to such reasonable conditions as the Board may consider appropriate and where any dispute arises as to whether in such a case the consent of the Board is being unreasonably withheld, or as to whether any conditions subject to which consent is granted are unreasonable, such dispute shall if it arises between a drainage authority or local authority and the Board be referred to the Minister whose decision shall be final, and in any other case such dispute shall be referred to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers on the application of either party.
If any conflict arises between these Byelaws and section 12 of the Act (which relates to the Board’s duties with regard to the protection of the environment, nature conservation and amenity), the said section shall prevail.
“the Act” means the Land Drainage Act 1991;
“Animal” includes any horse, cattle, sheep, deer, goat, swine, goose or poultry;
“Bank” includes any bank, cross bank, wall or embankment adjoining or confining or constructed for the purpose of or in connection with any watercourse and includes all land between the bank and the low water mark or level of the water in the watercourse as the case may be and where there is no such bank, cross bank, wall or embankment includes the top edge of the batter enclosing the watercourse;
“Board” means Witham First District Internal Drainage Board;
“Consent of the Board” means the consent of the Board in writing signed by the Chief Executive for the time being of the Board or other duly authorised officer;
“District” means the area under the jurisdiction of the Board;
“The Minister” means the Minister of Agriculture, Fisheries and Food;
“Occupier” means in the case of land not occupied by any tenant or other person the person entitled to the occupation thereof;
“Owner” includes the person defined as such in the Public Health Act 1936;
“Railway Property” means any railway of the British Railways Board and any bridges and works connected therewith or forming part thereof for the maintenance or operation of which the said Board are responsible and includes any land held or used by the Board for the purposes of such railway bridges or works;
“Vessel” includes any ship, hovercraft (as defined by the Hovercraft Act 1968), lighter, keel, barge, tug, launch, houseboat, pleasure or other boat, aircraft, randan, wherry, skiff, dinghy, shallop, punt, yacht, canoe, raft, float of timber or any other craft whatsoever, and howsoever worked, navigated or propelled; and other expressions shall have the same meanings as in the Act.
THE COMMON SEAL of WITHAM FIRST DISTRICT INTERNAL DRAINAGE BOARD was hereunto affixed on the 5th day of May 1992.