Downham Market Group of Internal Drainage Boards
21 London Road | Downham Market | Norfolk | PE38 9AP
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  Northwold Internal Drainage Board Bye-laws

POLICY STATEMENT ON FLOOD PROTECTION AND WATER LEVEL MANAGEMENT

1. Commencement of Bye-laws
15.Fences, Excavations, Pipes etc:
2. Application of Bye-laws
16.Interference with Sluices, etc.
3. Definition
17.Vehicles not to be driven on banks
4. Control of Sluices and Slackers
18.Unlawful Entry upon Board's Land
5. Diversion of Watercourses
19.Damage to Property of the Board
6. Water not to be introduced into District
20.Defacement of Notice Boards
7. Fishing Nets and Angling
21.Obstruction of the Board & Officers
8. Obstructions
22.Savings for other Bodies
9. No Trees, Debris, etc., to fall into...
23.Arbitration
10.Notice to Cut Vegetable Growths
24.Arbitration - satisfactory exec...
11.Damage to banks by Animals
25.Saving for Crown Lands
12.No obstructions within 8 metres
26.Notices
13.Dredging of Watercourse
27.Definitions
14.Banks not to be used for Storage
28.Interpretation


Northwold Internal Drainage Board
LAND DRAINAGE ACTS 1930 AND 1961

BYE-LAWS

THE Northwold Internal Drainage Board UNDER AND BY VIRTUE OF THE POWERS AND AUTHORITY VESTED IN THEM BY THE LAND DRAINAGE ACT 1930, AS AMENDED BY THE LAND DRAINAGE ACT 1961 AND THE WATER ACT 1973 , DO MAKE THE FOLLOWING BYE-LAWS WHICH ARE CONSIDERED NECESSARY FOR SECURING THE EFFICIENT WORKING OF THE DRAINAGE SYSTEM IN THEIR DISTRICT:-

1. Commencement of Bye-laws

These Bye-laws shall come into operation at the expiration of one month beginning with the day on which they are confirmed by the Minister.

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2. Application of Bye-laws

These Bye-laws shall have effect within the District.

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3. Definition

The watercourses referred to in these Bye-laws (other than by Bye-laws 4 and 10) are watercourses which are for the time being vested in or under the control of the Board.

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4. Control of Sluices and Slackers

Any person having control of any sluice, slacker, flood-gate, lock, weir, dam, pump, pumping machinery or other structure or appliance for introducing water into any watercourse in the District or for controlling or regulating or affecting the flow of water in into or out of any watercourse shall use such sluice, slacker, flood-gate, lock, weir, dam, pump, pumping machinery, structure or appliance in accordance with such reasonable directions as may from time to time be given by the Board with a view to the prevention of flooding or any shortage in the flow or supply of water and to the efficient working of the drainage system in the District.

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5. Diversion of Watercourses

No person shall stop up any watercourse or divert or impede or alter the level of or direction of the flow of water in into or out of any watercourse without the previous consent of the Board.

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6. Water not to be introduced into District

No person shall without the previous consent of the Board by means of any channel, siphon, pipeline or sluice introduce any water in the District.

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7. Fishing Nets and Angling

No person shall angle or set any angle nets or engines for the catching of fish in any watercourse in such a manner as to cause damage to or to endanger the stability of the bank of the watercourse.

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8. Obstructions not to be put in Watercourses

No person shall discharge or put or cause or permit to be discharged or put or negligently or wilfully cause or permit to flow or to fall into any watercourse, any gravel stones, glass, earth, mud, ashes, dirt, soil, rubbish or any other matter whatsoever whether solid or liquid so as to obstruct the flow of water into or out of any watercourse.

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9. No Trees, Debris, etc., to be allowed to fall into any Watercourse

No person shall discharge or put or cause or permit to be put into any watercourse or negligently or wilfully cause or permit to flow or fall into any watercourse any tree, tree trunk or branch of a tree or any timber, wrack, debris, gravel, stones, earth, ashes, refuse, grasses, weeds or vegetable growths, dead animals or any other matter whatsoever whether solid or liquid so as directly or indirectly to obstruct or impede the flow of water into, in or out of the watercourse.

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10. Notice to Cut Vegetable Growths

The person having control of any watercourse shall, upon the receipt of a Notice served on him by the Board requiring him so to do, cut down and keep cut down all trees, willows, shrubs, weeds, grasses, reeds, rushes or other vegetable growths growing in or on the bank of the watercourses, within such reasonable time as may be specified in the Notice and shall remove such trees, willow, shrubs, weeds, grasses, reeds or other vegetable growths from the watercourse immediately after the cutting thereof.

Provided that where a hedge is growing on the bank of a watercourse nothing in this Byelaw shall extend to require more than the pruning of the hedge so as to prevent it from growing over or into the watercourse, and the removal of the resultant cuttings.

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11. Damage to banks by Animals

All persons using or causing or permitting to be used any bank of any watercourse for the purpose of grazing or keeping any animal thereon shall comply with such reasonable directions (including directions as to fencing) as may from time to time be given by the Board for the purpose of preventing the bank of the watercourse from being trodden down or the sides thereof deposited in the watercourse from being trodden down or the sides thereof deposited in the watercourse or in any other way used so as to obstruct the free flow of water at all times.

Provided that nothing in this Byelaw shall be deemed to affect or prevent the use, for the purpose of enabling stock to drink at it, of any place to be made or constructed as may be approved by the Board.

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12. No obstructions within eight metres of the edge of the Watercourse

No person without the previous consent of the Board shall erect any building or structure, whether temporary or permanent, or plant any tree, shrub, willow or other similar growth or create any stack or heap or deposit of materials of any kind whatsoever which will impede the work of the Board within eight metres of the foot of the bank on the landward side or where there is no bank within eight metres of the top edge of the batter enclosing the watercourse.

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13. Dredging of Watercourse

No person shall dredge or raise or take or cause or permit to be dredged or raised or taken any gravel, sand, ballast, clay or other material from the bed or bank of any watercourse so as to cause damage to or endanger the stability of such bank without the previous consent in writing of the Board.

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14. Banks not to be used for Storage

No person shall use or cause or permit to be used any bank of any watercourse for the purpose of depositing or stacking or storing or keeping any rubbish or goods or any material or things thereon in such a manner as by reason of the weight, volume or nature of such rubbish goods materials or things to cause damage to or endanger the stability of the bank or channel of the watercourse or interfere with the right of the Board to deposit spoil on the banks of the watercourse.

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15. Fences, Excavations, Pipes etc: Cutting or Digging Banks on Adjoining Lands

No person shall without the previous consent of the Board in writing:-

(a) 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 land lying between any watercourse and a line measured on the landward side of any watercourse at a distance of eight metres from the parallel to the top edge of the batter enclosing any watercourse;

(b) 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;

(c) place or affix or cause or permit to be placed or affixed any gas or water main or any pipe whatsoever or any electric main or cable or wire in under over or across any watercourse or in over or through any bank of any watercourse;

(d) cut or pare or remove or cause or permit to be cut or pared or removed any turf forming part of any bank of any watercourse;

(e) 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 make or cause or permit to be done anything in or upon any land adjoining any bank of any watercourse, of such a nature as to cause damage to or endanger the stability of the bank.

Provided that this Byelaw shall not apply to any 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.

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16. Interference with Sluices, etc.

No person shall without lawful authority or excuse interfere with any sluice slacker floodgate lock, weir, dam, pump, pumping machinery or any other structure or appliance for controlling or regulating the flow of water in into or out of any watercourse or for drawing weir from or delivering water into any watercourse.

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17. Vehicles not to be driven on banks

No person shall use or drive or permit or cause to be used or driven any vehicle or implement of any kind whatsoever on over or along any bank of a watercourse in such manner as to cause damage to such banks.

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18. Unlawful Entry upon Board's Land

No unauthorised person shall enter upon any land belonging to or in the occupation of the Board if such entry is likely to endanger any person or property and there is displayed on or near the land a notice prohibiting entry.

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19. Damage to Property of the Board

No unauthorised person shall interfere with or damage any watercourse, bank, bridge or building or any structure or appliance or any other property of the Board whatsoever.

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20. Defacement of Notice Boards

No person shall deface or remove any notice board or placard put up by the Board.

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21. Obstruction of the Board and Officers

No person shall obstruct or interfere with any officer or agent or servant of the Board exercising any of his duties under the Act or these Bye-laws.

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22. Savings for other Bodies

Nothing in these Bye-laws shall:-

(a) interfere with the operation of any Byelaw of the Anglian Water Authority 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 to more than one daily penalty in respect of the same offence;

(b) restrict, prevent or 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) any undertakers for the supply of water to any place;

(iii) the British Gas Corporation;

(iv) the Central Electricity Generating Board or any Area Board established under the Electricity Acts 1947 & 1957;

(v) any navigation harbour or conservancy authority;

(vi) the British Railways Board or any Regional Railways Board established under the Transport Act 1962 with respect to the construction use or maintenance of any railway bridge or any other work connected with their railways or so as to interfere with the traffic thereon;

(vii) any local authority or highway authority for the purposes of the Highways Act 1959 (as amended by any subsequent enactment) in relation to any highway whether or not maintainable at public expense;

(viii) the Anglian Water Authority;

(ix) the Post Office;

(x) the British Airports Authority;

(xi) the Civil Aviation Authority;

(c) restrict, prevent, interfere with or prejudice any right of a highway authority to introduce into any watercourse, surface water from any highway for which it is the highway authority;

(d) affect any liability arising otherwise than under or by reason of these bye-laws.

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23. Arbitration

Where by these Bye-laws any person is required to refrain from doing any act without the previous consent of the Board, such consent shall not be unreasonably withheld but the Board may attach thereto such reasonable conditions as they consider necessary. In the event of any dispute arising between a drainage authority or local authority and the Board as to whether such consent is unreasonably withheld or as to whether any conditions imposed are reasonable, such dispute shall be referred to the Minister, whose decision shall be final. In any other case where a dispute arises as to whether such consent is unreasonably withheld or as to whether any conditions imposed are reasonable 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.

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24. Arbitration - satisfactory execution of work

Where by these Bye-laws any person is required to do any work to the satisfaction of the Board or to comply with any directions of the Board, and any dispute arises thereafter as to the satisfactory execution of such work or as to the compliance with or the reasonableness of any such directions such dispute shall in the case of a dispute 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.

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25. Saving for Crown Lands

nothing in these Bye-laws shall operate to prevent the removal of any substance on, in or under (or the erection of any structure building or machinery or any cable, wire or pipe on over or under) lands belonging to Her Majesty in the right of the Crown by any person thereunto authorised by the Crown Estate Commissioners.

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26. Notices

Notices required or authorised to be served or given under these Bye-laws may be so served or given in the manner in which notices under the Act may be served or given.

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27. Definitions

In these Bye-laws unless the context otherwise requires the following words and expressions shall have the meanings hereby respectively assigned to them - that is to say

"The Act" means the Land Drainage Act 1930 as amended by the Land Drainage Act 1961; and the Water Act 1973;

"Animal" includes any horse, cattle, sheep, goats, swine, goose or poultry, and the word "horse" includes all draught animals;

"Board means the Northwold Internal Drainage Board;

"Consent of the Board" means the consent of the Board in writing signed by the Clerk for the time being or other duly authorised officer of the Board;

"Drainage District" means the area under the jurisdiction of the Northwold Internal Drainage Board;

"Local Authority" means a County or District Council;

"Minister means the Minster of Agriculture; Fisheries & Food;

"Occupier" means in the case of land not occupied by any tenant or other person the person entitled to the occupation thereof;

"Railway" means a railway constructed under the powers of any Act of Parliament and intended for the conveyance of passengers or goods;

and other words and expressions shall have the same respective meanings as in the Act;

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28. Interpretation

The Interpretation Act 1889 shall apply to the interpretation of these Bye-laws as it applies to the interpretation of an Act of Parliament.

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