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UK Act of Parliament
1991
England and Wales
Land Drainage Act 1991
Consolidates enactments relating to internal drainage boards, and to drainage of land, and to related provisions, as the Land Drainage Act 1991. Enforcement by the Environment Agency, Natural Resources Wales, Internal Drainage Boards and local authorities (England & Wales).
At a glance
Enforced by
What's here
29 compliance obligations, 1 practical guide · 4 journeys · 2 statutory instruments
Penalty landscape
4 of 29 obligations carry a fine up to £2,500. 4 carry different penalties and 21 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 10
- Occupier 4
Plus 15 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Mentioned in related content
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Occupiers also bound by 259 other Acts (top 5 shown)
- The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 2021 39 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 34 duties
- The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 34 duties
- Highways Act 1980 1980 23 duties
- Nitrate Pollution Prevention Regulations 2015 2015 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — INTERNAL DRAINAGE BOARDS
Internal drainage districts and boards.
Other duties (1) — Crown / regulator
- Internal drainage boards must supervise land drainage within their districts Statutory regulator
Review of boundaries of internal drainage districts.
Other duties (1) — Crown / regulator
- Supervisory body must review drainage district boundaries upon petition Statutory regulator
Supervision of drainage boards by the appropriate supervisory body.
- Obtain consent from the Agency before altering drainage works Any Person
Default powers of the appropriate supervisory body.
Fine up to £2,500- Obstructing inspection of drainage board documents Any Person
Browse 9 other sections in this Part — procedural / definitional / commencement
Schemes for reorganisation of internal drainage districts etc.
Powers to make the appropriate supervisory body a drainage board.
Transfer of functions etc. back from the appropriate supervisory body.
Schemes and orders under sections 3 to 5: compensation for loss of office.
Concurrent powers of Agency.
Exercise of default powers by local authorities.
Arrangements between drainage authorities.
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Part II — PROVISIONS FOR FACILITATING OR SECURING THE DRAINAGE OF LAND
Prohibition on obstructions etc. in watercourses
Unlimited fine- Obtain consent before altering watercourses or culverts Any Person
Powers to require works for maintaining flow of watercourse.
Fine up to £2,500- Fail to maintain watercourse flow after notice Occupier
Appeals against notices under section 25.
- Appeal a land drainage enforcement notice Any Person
Composition and incidental powers ....
Other duties (1) — Crown / regulator
- Tribunals may inspect your land for drainage applications Tribunal / Court
Browse 15 other sections in this Part — procedural / definitional / commencement
General drainage powers of boards and local authorities.
General powers: flood risk management works
Disposal of spoil by boards and local authorities.
Exercise of local authority powers under sections 14 and 15.
Supervision of local authority powers under sections 14 to 16.
Drainage of small areas.
Arrangements as to works etc. with navigation and conservancy authorities.
Arrangements with other persons for carrying out drainage works.
Enforcement of obligations to repair watercourses, bridges, etc.
Powers of Ministers to authorise landowners to carry out drainage works.
Contraventions of prohibition on obstructions etc.
Competing jurisdictions under section 25.
Orders requiring the cleansing of ditches etc.
Effect of order under section 28.
Authorisation of drainage works in connection with a ditch.
Part III — POWERS TO MODIFY EXISTING OBLIGATIONS
Financial consequences of commutation.
- Pay the authority to take over drainage maintenance obligations Any Person
Browse 3 other sections in this Part — procedural / definitional / commencement
Variation of awards.
Commutation of obligations.
Powers to vary navigation rights.
Part IV — FINANCIAL PROVISIONS
Raising of the expenses of internal drainage boards.
Other duties (1) — Crown / regulator
- Internal Drainage Boards must raise expenses through rates or levies Statutory regulator
Restrictions on onward disclosure of Revenue and Customs information
2 years imprisonment- Illegal disclosure of HMRC data Any Person
Petition for sub-division of internal drainage district.
Other duties (1) — Crown / regulator
- Internal drainage boards must process petitions to sub-divide districts Statutory regulator
Rates charged by reference to annual value of agricultural land and buildings.
Other duties (1) — Crown / regulator
- Drainage boards must assess agricultural rates based on 1988 rental values Local authority
Determination of annual value.
- Allow drainage boards to inspect your property for valuation Occupier
Effect of determinations under section 43.
Other duties (1) — Crown / regulator
- Drainage board must notify occupiers of property value determinations Statutory regulator
Appeals against determinations of annual value.
- Appeal against a determination of land annual value Occupier
Hearing and determination of appeals under section 45.
Other duties (1) — Crown / regulator
- Valuation Tribunal must hear and determine land drainage value appeals Tribunal / Court
Procedure for making of rate.
Other duties (1) — Crown / regulator
- Drainage boards must follow formal procedures to set drainage rates Local authority
Assessment for rating.
- Pay drainage rates if you occupy land in a drainage district Occupier
Registers of drainage hereditaments.
Other duties (1) — Crown / regulator
- Internal drainage boards must maintain a register and map of drainage lands Local authority
Power to require information.
Fine up to £2,500- Fail to provide occupier details to a drainage board Any Person
Browse 18 other sections in this Part — procedural / definitional / commencement
Apportionment of drainage expenses.
Disclosure of Revenue and Customs information
Further provisions about disclosure under section 37A or 37B
Orders sub-dividing a district for the purposes of raising expenses.
Levying of drainage rates.
Alternative method of calculating annual value of agricultural land and buildings
Adjustment of annual values to secure fair distribution of rating burden.
Power to grant exemptions from rating.
Amendments as respects drainage rates.
Other appeals against drainage rates.
Powers for enforcing payment.
Powers of internal drainage boards and local authorities to borrow etc.
Concurrent power of boards to impose navigation tolls.
Contributions by the appropriate agency to expenses of internal drainage boards.
Allocation of appropriate agency revenue for its functions as an internal drainage board
Grants to drainage bodies.
Power of local authority to contribute to expenses of drainage works.
Land drainage expenses of local authorities.
Part IVA — Duties with respect to the environment and recreation
Duties in relation to drainage boards.
Other duties (1) — Crown / regulator
- Internal drainage boards must promote conservation and public access Statutory regulator
Duties in relation to local authorities.
Other duties (1) — Crown / regulator
- Local authorities must prioritize conservation in land drainage works Local authority
Ministerial directions to drainage boards.
Other duties (1) — Crown / regulator
- Minister may issue environmental or heritage protection directions to boards Crown / Minister / Government department
Browse 2 other sections in this Part — procedural / definitional / commencement
Duties with respect to sites of special scientific interest.
Codes of practice.
Part V — MISCELLANEOUS AND SUPPLEMENTAL
Powers of entry for internal drainage boards and local authorities.
Fine up to £2,500- Obstructing an officer’s power of entry Any Person
Powers to make byelaws.
Unlimited fine- Breach of land drainage byelaws Any Person
Power to hold inquiries for land drainage purposes etc.
6 months imprisonment- Obstruct or fail to cooperate with a land drainage inquiry Any Person
Disputes as to whether works connected with main river.
Other duties (1) — Crown / regulator
- Ministers or arbitrators must resolve disputes over drainage work status Crown / Minister / Government department
Browse 13 other sections in this Part — procedural / definitional / commencement
Powers of internal drainage boards and local authorities to facilitate spray irrigation.
Powers of internal drainage boards and local authorities to acquire land.
Power of internal drainage boards to dispose of land.
Land drainage regulations.
Alternative procedure for byelaws made by internal drainage boards
Protection for particular undertakings and savings in respect of works.
Power of navigation authorities etc to divert sewers.
Confidentiality of information obtained by Agency and Natural Resources Body for Wales etc.
Service of documents.
Interpretation.
Application to Crown.
Application to the Isles of Scilly.
Short title, commencement and extent.
Schedules
SCHEMES FOR SMALL DRAINAGE WORKS
Other duties (1) — Crown / regulator
- Local authorities and Environment Agencies must consult and notify on drainage schemes Local authority
Browse 49 other Schedules — structural / supplementary
MEMBERS OF INTERNAL DRAINAGE BOARDS
(1) An election of members of an internal drainage board...
(1) Subject to sub-paragraph (2) below, if for any reason...
Subject to the preceding provisions of this Schedule, a vacating...
References in this Part of this Schedule to an elected...
(1) Subject to sub-paragraphs (2) and (3) below, the electors...
(1) Each elector at an election of members of an...
(1) A person shall not be qualified for election as...
(1) The charging authority for any area wholly or partly...
(1) The number of appointed members of an internal drainage...
(1) Subject to the following provisions of this Part of...
(1) An elected member of an internal drainage board may...
(1) A person who is an undischarged bankrupt or who...
EXPENSES AND PROCEEDINGS ETC. OF INTERNAL DRAINAGE BOARDS
(1) The relevant Minister may, if he thinks fit, by...
(1) An internal drainage board may pay to persons employed...
(1) An internal drainage board may, with the approval of...
(1) An internal drainage board shall— (a) before such date...
(1) An internal drainage board shall— (a) as soon as...
PROCEDURE WITH RESPECT TO CERTAIN ORDERS
(1) This Schedule applies to the following orders under this...
(1) Before making an order to which this Schedule applies...
(1) Before making an order to which this Schedule applies...
(1) After the appropriate Minister has made an order to...
(1) If, in the case of any order to which...
As soon as may be after an unconfirmed order has...
(1) If any person aggrieved by an unconfirmed order desires...
The Ministers may make regulations in relation to—
(1) Before making a scheme under section 18 of this...
(1) Where any objections to a scheme are duly made...
(1) Where a scheme is made by the or a...
BYELAWS
(1) An internal drainage board shall, at least one month...
(1) The relevant Minister, with or without a local inquiry,...
(1) The relevant Minister may fix the date on which...
(1) Any byelaw confirmed under this Schedule shall be printed...
If it appears to the relevant Minister that the revocation...
The production of a printed copy of a byelaw purporting...
In this Schedule “the relevant drainage board”, in relation to...
PROTECTION FOR PARTICULAR UNDERTAKINGS
(1) The following are the undertakings protected by this Schedule,...
Without prejudice to any power under this Act to transfer...
Nothing in this Act or in any order under this...
Without prejudice to the preceding provisions of this Schedule, nothing...
A consent for the purposes of paragraph 3 or 4...
If any question arises under this Schedule—
The following abbreviations are used in this Table:— 1976 =...
Transfer of functions orders (“TFOs”), where applicable in relation to...
General provisions contained in section 32 of the Magistrates’ Courts...
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
Browse 2 other sections
Notes:
Table of Derivations
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Environment Agency
PrimaryEnvironmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …
Natural Resources Wales
Principal environmental regulator for Wales. Combines functions of Environment Agency Wales, Countryside Council for Wales, and Forestry Commission Wales. Issues environmental permits, …
Connected legislation
2 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
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Regulators
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