Byelaws and Financial Regulations
LAND DRAINAGE ACT 1930
EAST HARLING INTERNAL DRAINAGE BOARD
WHEREAS the East Harling Internal Drainage Board by virtue of the powers vested in them by Section 47 of the Land Drainage Act 1930, on 24th August 1937, made certain Byelaws for securing the efficient working of the drainage system in their district;
AND WHEREAS the Board have submitted the said Byelaws to the Minister of Agriculture and Fisheries (hereinafter referred to as “the Minister”) for confirmation;
AND WHEREAS an objection to the said Byelaws was made to the Minister;
AND WHEREAS the Minister has considered the said objection and with the consent of the Board has made such modification in the said Byelaws as he thinks fit.
NOW THEREFORE the Minister, in pursuance of the powers vested in him under the Land Drainage Act, 1930, and any other power enabling him in this behalf, hereby confirms the said Byelaws as so modified, a true copy thereof being annexed hereto.
THE EAST HARLING INTERNAL DRAINAGE BOARD under and by virtue of the powers and authority vested in them by the Land Drainage Act, 1930, do make the following Byelaws which they consider necessary for securing the efficient working of the drainage system in their district.
These Byelaws shall come into operation immediately after they are confirmed by the Minister.
These Byelaws except where otherwise specifically stated shall apply only to the watercourses which are for the time being maintained by the Board.
No person shall without the previous consent in writing of the Board introduce any water into the District for the purpose of agriculture or industry. In giving such consent the Board may attach thereto such reasonable conditions as they think necessary.
Any person having control of any sluice slacker flood–gate weir dam pump 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 weir dam pump 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 of the District.
No person shall without the previous consent of the Board in writing set any nets or engine for the catching of fish in any watercourse.
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 in writing of the Board.
No Person shall discharge or put or cause or knowingly suffer to be put or discharged or to flow into any watercourse any gravel stones earth mud ashes dirt soil rubbish or any matter of any kind whatsoever whether solid or liquid so as to obstruct the flow of water in into or out of any watercourse.
No person shall put or permit to fall into any watercourse any tree or trunk or branch or part of a tree or any timber or wrack debris willows shrubs weeds grasses reeds rushes or vegetable growths or any object or matter whatsoever so as to impede the flow of water in into or out of such watercourse and the Board may require any person so putting or permitting any tree or trunk or branch or part of a tree or any timber or wrack debris willows shrubs weeds grasses reeds rushes or vegetable growths or any matter whatsoever to fall into such watercourse at his own expense to remove the same.
The occupier of land through which any watercourse flows or of land abutting on any watercourse or the person having control of any watercourse shall within twenty-one days of the receipt of a notice requiring him so to do cut all trees willows shrubs weeds grasses reeds rushes or other vegetable growths growing in or into such watercourse and shall remove the same from such watercourse immediately after the cutting thereof. Provided that this Byelaw shall apply to such watercourses as are for the time being not maintained by the Board and shall not apply to such watercourses as are for the time being maintained by the Board.
No person without the consent of the Board in writing shall plant any tree shrub willow or other growth within twenty feet of the bank of any watercourse.
All persons using or causing or knowingly suffering to be used any bank of any watercourse for the purpose of grazing or keeping of any animal thereon shall take such steps as are necessary and reasonably practicable to prevent such bank or the channel of such watercourse from being damaged by such use. 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.
No person shall use or drive or permit or cause to be used or driven any cart or vehicle of any kind whatsoever on over or along any bank of a watercourse in such a manner as to cause damage to such bank or to the channel of such watercourse.
No person shall without the previous consent in writing of the Board :-
- erect or construct or cause or knowingly suffer 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 any watercourse or in or on any bank thereof.
- make or cut or cause or knowingly suffer 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.
- place or affix or cause or knowingly suffer to be placed or affixed any gas or water main or any pipe whatsoever or any electric main or cable or wire in under or over any watercourse or in over or through any bank of a watercourse. Provided that any person may execute any temporary works as aforesaid in case of emergency subject to the subsequent consent of the Board which shall be immediately applied for.
No person shall : –
- No person shall use or cause or knowingly suffer to be used any bank of a 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 material 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 bank.
- cut or pare or remove or cause or knowingly suffer to be cut or pared or removed any turf forming part of the bank or a watercourse
- dig for or remove or cause or knowingly suffer to be dug for or removed any stones gravel clay earth timber or any materials whatsoever forming part of any bank of a watercourse.
- make or cause or knowingly suffer to be made any excavation or do or cause or knowingly suffer to be done anything in or upon any land adjoining the bank or a watercourse of such a nature as to cause damage to or endanger the stability of the bank.
The occupier of a bank of a watercourse or of any part thereof shall cut down and keep down all weeds growing on the bank.
No person shall without lawful authority or excuse interfere with any sluice flood-gate lock weir dam pump pumping machinery or any structure or appliance for controlling or regulating the flow of water in into or out of any watercourse.
No person shall trespass upon any land vested in belonging to or in the occupation of the Board where such trespass endangers or is likely to endanger any property person or work or occurs at such a time or in such a manner as to interrupt or interfere or to be likely to interrupt or interfere with the operations of the Board.
No person shall interfere with or damage any watercourse bank or bridge or building or any structure or appliance of any other property of the Board whatsoever.
No person shall deface or remove any notice board or notice or placard or mark put up by the Board.
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 Byelaws.
Nothing in these Byelaws shall :-
- interfere with the operation of any Byelaws made by the River Great Ouse Catchment Board or by a 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.
- 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) Any undertakers for the supply of water or gas to any place.
(iii) Any authorise undertakers within the meaning of the Electricity (Supply) Acts 1882 and 1928.
(iv) The undertakers of any navigation harbour or conservancy authority.
(v) A railway company with respect to the use or maintenance or the structure of any railway bridge or any other work connected with the railway or so as to interfere with the traffic thereon.
(vi) Any highway authority.
- affect any liability arising otherwise than under or by reason thereof.
Nothing in these Byelaws shall operate to prevent the removal of any substance on in or under (or the erection of any structure buildings or machinery or any cable wire or pipe on over or under) lands belonging to His Majesty in right of His Crown by any person thereunto authorised by the Board of Trade of by the Commissioners of Crown Lands as the case may
In these Byelaws unless the context otherwise requires the following words and expressions have the meaning hereby respectively assigned to them that is to say :-
“The Act” means the Land Drainage Act 1930.
“Animal” includes any horse ass mule cattle sheep goat swine goose duck poultry.
“Board” means the East Harling Internal Drainage Board.
“The District” means the Area under the jurisdiction of the Internal Drainage Board.
“Local Authority” means the Council of any County County Borough Borough or Urban or Rural District.
“Occupier” includes owner.
“Railway” means railway constructed under the powers of any Act of Parliament for public conveyance.
“Vessel” includes any ship lighter keep barge tug launch house board pleasure or other boat randan wherry skiff dinghy shallop punt canoe yacht raft float float of timber or craft whatever worked navigated or propelled by steam petrol oil or otherwise.
Notices required to be given or served under these Byelaws may be served in the manner in which notices under the Act are required to be served.
The Interpretation Act 1889 shall apply to these Byelaws as though they were an Act of Parliament.