UK Act of Parliament 1991 England and Wales

LDA 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).

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
Environment Agency, NRW
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 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.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person10 Occupier4

Plus 15 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTERNAL DRAINAGE BOARDS

4 of 13 sections shown
s.001 Internal drainage districts and boards. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Internal drainage boards must supervise land drainage within their districtsStatutory regulator
s.002 Review of boundaries of internal drainage districts. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Supervisory body must review drainage district boundaries upon petitionStatutory regulator
s.007 Supervision of drainage boards by the appropriate supervisory body. (opens in a new tab) Regulated
  • Obtain consent from the Agency before altering drainage worksAny Person
s.009 Default powers of the appropriate supervisory body. (opens in a new tab) Prosecution
  • Obstructing inspection of drainage board documentsAny Person

Fine up to £2,500

9 other sections in this Part — procedural and definitional
s.003 Schemes for reorganisation of internal drainage districts etc. (opens in a new tab)
s.004 Powers to make the appropriate supervisory body a drainage board. (opens in a new tab)
s.005 Transfer of functions etc. back from the appropriate supervisory body. (opens in a new tab)
s.006 Schemes and orders under sections 3 to 5: compensation for loss of office. (opens in a new tab)
s.008 Concurrent powers of Agency. (opens in a new tab)
s.010 Exercise of default powers by local authorities. (opens in a new tab)
s.011 Arrangements between drainage authorities. (opens in a new tab)
s.012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (opens in a new tab)
s.013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (opens in a new tab)
Part 2

PROVISIONS FOR FACILITATING OR SECURING THE DRAINAGE OF LAND

4 of 19 sections shown
s.023 Prohibition on obstructions etc. in watercourses (opens in a new tab) Prosecution
  • Obtain consent before altering watercourses or culvertsAny Person

Unlimited fine

s.025 Powers to require works for maintaining flow of watercourse. (opens in a new tab) Prosecution
  • Fail to maintain watercourse flow after noticeOccupier

Fine up to £2,500

s.027 Appeals against notices under section 25. (opens in a new tab) Regulated
  • Appeal a land drainage enforcement noticeAny Person
s.031 Composition and incidental powers .... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunals may inspect your land for drainage applicationsTribunal / Court
15 other sections in this Part — procedural and definitional
s.014 General drainage powers of boards and local authorities. (opens in a new tab)
s.014 General powers: flood risk management works
s.015 Disposal of spoil by boards and local authorities. (opens in a new tab)
s.016 Exercise of local authority powers under sections 14 and 15. (opens in a new tab)
s.017 Supervision of local authority powers under sections 14 to 16. (opens in a new tab)
s.018 Drainage of small areas. (opens in a new tab)
s.019 Arrangements as to works etc. with navigation and conservancy authorities. (opens in a new tab)
s.020 Arrangements with other persons for carrying out drainage works. (opens in a new tab)
s.021 Enforcement of obligations to repair watercourses, bridges, etc. (opens in a new tab)
s.022 Powers of Ministers to authorise landowners to carry out drainage works. (opens in a new tab)
s.024 Contraventions of prohibition on obstructions etc. (opens in a new tab)
s.026 Competing jurisdictions under section 25. (opens in a new tab)
s.028 Orders requiring the cleansing of ditches etc. (opens in a new tab)
s.029 Effect of order under section 28. (opens in a new tab)
s.030 Authorisation of drainage works in connection with a ditch. (opens in a new tab)
Part 3

POWERS TO MODIFY EXISTING OBLIGATIONS

1 of 4 sections shown
s.034 Financial consequences of commutation. (opens in a new tab) Regulated
  • Pay the authority to take over drainage maintenance obligationsAny Person
3 other sections in this Part — procedural and definitional
s.032 Variation of awards. (opens in a new tab)
s.033 Commutation of obligations. (opens in a new tab)
s.035 Powers to vary navigation rights. (opens in a new tab)
Part 4

FINANCIAL PROVISIONS

12 of 30 sections shown
s.036 Raising of the expenses of internal drainage boards. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Internal Drainage Boards must raise expenses through rates or leviesStatutory regulator
s.037 Restrictions on onward disclosure of Revenue and Customs information Imprisonment
  • Illegal disclosure of HMRC dataAny Person
s.039 Petition for sub-division of internal drainage district. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Internal drainage boards must process petitions to sub-divide districtsStatutory regulator
s.041 Rates charged by reference to annual value of agricultural land and buildings. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Drainage boards must assess agricultural rates based on 1988 rental valuesLocal authority
s.042 Determination of annual value. (opens in a new tab) Regulated
  • Allow drainage boards to inspect your property for valuationOccupier
s.044 Effect of determinations under section 43. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Drainage board must notify occupiers of property value determinationsStatutory regulator
s.045 Appeals against determinations of annual value. (opens in a new tab) Regulated
  • Appeal against a determination of land annual valueOccupier
s.046 Hearing and determination of appeals under section 45. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Valuation Tribunal must hear and determine land drainage value appealsTribunal / Court
s.048 Procedure for making of rate. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Drainage boards must follow formal procedures to set drainage ratesLocal authority
s.049 Assessment for rating. (opens in a new tab) Regulated
  • Pay drainage rates if you occupy land in a drainage districtOccupier
s.052 Registers of drainage hereditaments. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Internal drainage boards must maintain a register and map of drainage landsLocal authority
s.053 Power to require information. (opens in a new tab) Prosecution
  • Fail to provide occupier details to a drainage boardAny Person

Fine up to £2,500

18 other sections in this Part — procedural and definitional
s.037 Apportionment of drainage expenses. (opens in a new tab)
s.037 Disclosure of Revenue and Customs information
s.037 Further provisions about disclosure under section 37A or 37B
s.038 Orders sub-dividing a district for the purposes of raising expenses. (opens in a new tab)
s.040 Levying of drainage rates. (opens in a new tab)
s.041 Alternative method of calculating annual value of agricultural land and buildings
s.043 Adjustment of annual values to secure fair distribution of rating burden. (opens in a new tab)
s.047 Power to grant exemptions from rating. (opens in a new tab)
s.050 Amendments as respects drainage rates. (opens in a new tab)
s.051 Other appeals against drainage rates. (opens in a new tab)
s.054 Powers for enforcing payment. (opens in a new tab)
s.055 Powers of internal drainage boards and local authorities to borrow etc. (opens in a new tab)
s.056 Concurrent power of boards to impose navigation tolls. (opens in a new tab)
s.057 Contributions by the appropriate agency to expenses of internal drainage boards. (opens in a new tab)
s.058 Allocation of appropriate agency revenue for its functions as an internal drainage board (opens in a new tab)
s.059 Grants to drainage bodies. (opens in a new tab)
s.060 Power of local authority to contribute to expenses of drainage works. (opens in a new tab)
s.061 Land drainage expenses of local authorities. (opens in a new tab)
Part 4

Duties with respect to the environment and recreation

3 of 5 sections shown
s.061 Duties in relation to drainage boards. Regulated
Other duties (1) — Crown / regulator
  • Internal drainage boards must promote conservation and public accessStatutory regulator
s.061 Duties in relation to local authorities. Regulated
Other duties (1) — Crown / regulator
  • Local authorities must prioritize conservation in land drainage worksLocal authority
s.061 Ministerial directions to drainage boards. Regulated
Other duties (1) — Crown / regulator
  • Minister may issue environmental or heritage protection directions to boardsCrown / Minister / Government department
2 other sections in this Part — procedural and definitional
s.061 Duties with respect to sites of special scientific interest.
s.061 Codes of practice.
Part 5

MISCELLANEOUS AND SUPPLEMENTAL

4 of 17 sections shown
s.064 Powers of entry for internal drainage boards and local authorities. (opens in a new tab) Prosecution
  • Obstructing an officer’s power of entryAny Person

Fine up to £2,500

s.066 Powers to make byelaws. (opens in a new tab) Prosecution
  • Breach of land drainage byelawsAny Person

Unlimited fine

s.069 Power to hold inquiries for land drainage purposes etc. (opens in a new tab) Imprisonment
  • Obstruct or fail to cooperate with a land drainage inquiryAny Person
s.073 Disputes as to whether works connected with main river. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ministers or arbitrators must resolve disputes over drainage work statusCrown / Minister / Government department
13 other sections in this Part — procedural and definitional
s.061 Powers of internal drainage boards and local authorities to facilitate spray irrigation.
s.062 Powers of internal drainage boards and local authorities to acquire land. (opens in a new tab)
s.063 Power of internal drainage boards to dispose of land. (opens in a new tab)
s.065 Land drainage regulations. (opens in a new tab)
s.066 Alternative procedure for byelaws made by internal drainage boards
s.067 Protection for particular undertakings and savings in respect of works. (opens in a new tab)
s.068 Power of navigation authorities etc to divert sewers. (opens in a new tab)
s.070 Confidentiality of information obtained by Agency and Natural Resources Body for Wales etc. (opens in a new tab)
s.071 Service of documents. (opens in a new tab)
s.072 Interpretation. (opens in a new tab)
s.074 Application to Crown. (opens in a new tab)
s.075 Application to the Isles of Scilly. (opens in a new tab)
s.076 Short title, commencement and extent. (opens in a new tab)
Schedules

Schedules

1 of 50 shown
s.sch004 SCHEMES FOR SMALL DRAINAGE WORKS (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities and Environment Agencies must consult and notify on drainage schemesLocal authority
49 other schedules
s.sch001 MEMBERS OF INTERNAL DRAINAGE BOARDS (opens in a new tab)
s.sch001 (1) An election of members of an internal drainage board...
s.sch001 (1) Subject to sub-paragraph (2) below, if for any reason...
s.sch001 Subject to the preceding provisions of this Schedule, a vacating...
s.sch001 References in this Part of this Schedule to an elected...
s.sch001 (1) Subject to sub-paragraphs (2) and (3) below, the electors...
s.sch001 (1) Each elector at an election of members of an...
s.sch001 (1) A person shall not be qualified for election as...
s.sch001 (1) The charging authority for any area wholly or partly...
s.sch001 (1) The number of appointed members of an internal drainage...
s.sch001 (1) Subject to the following provisions of this Part of...
s.sch001 (1) An elected member of an internal drainage board may...
s.sch001 (1) A person who is an undischarged bankrupt or who...
s.sch002 EXPENSES AND PROCEEDINGS ETC. OF INTERNAL DRAINAGE BOARDS (opens in a new tab)
s.sch002 (1) The relevant Minister may, if he thinks fit, by...
s.sch002 (1) An internal drainage board may pay to persons employed...
s.sch002 (1) An internal drainage board may, with the approval of...
s.sch002 (1) An internal drainage board shall— (a) before such date...
s.sch002 (1) An internal drainage board shall— (a) as soon as...
s.sch003 PROCEDURE WITH RESPECT TO CERTAIN ORDERS (opens in a new tab)
s.sch003 (1) This Schedule applies to the following orders under this...
s.sch003 (1) Before making an order to which this Schedule applies...
s.sch003 (1) Before making an order to which this Schedule applies...
s.sch003 (1) After the appropriate Minister has made an order to...
s.sch003 (1) If, in the case of any order to which...
s.sch003 As soon as may be after an unconfirmed order has...
s.sch003 (1) If any person aggrieved by an unconfirmed order desires...
s.sch003 The Ministers may make regulations in relation to—
s.sch004 (1) Before making a scheme under section 18 of this...
s.sch004 (1) Where any objections to a scheme are duly made...
s.sch004 (1) Where a scheme is made by the or a...
s.sch005 BYELAWS (opens in a new tab)
s.sch005 (1) An internal drainage board shall, at least one month...
s.sch005 (1) The relevant Minister, with or without a local inquiry,...
s.sch005 (1) The relevant Minister may fix the date on which...
s.sch005 (1) Any byelaw confirmed under this Schedule shall be printed...
s.sch005 If it appears to the relevant Minister that the revocation...
s.sch005 The production of a printed copy of a byelaw purporting...
s.sch005 In this Schedule “the relevant drainage board”, in relation to...
s.sch006 PROTECTION FOR PARTICULAR UNDERTAKINGS (opens in a new tab)
s.sch006 (1) The following are the undertakings protected by this Schedule,...
s.sch006 Without prejudice to any power under this Act to transfer...
s.sch006 Nothing in this Act or in any order under this...
s.sch006 Without prejudice to the preceding provisions of this Schedule, nothing...
s.sch006 A consent for the purposes of paragraph 3 or 4...
s.sch006 If any question arises under this Schedule—
s.schedule n7 para.1 The following abbreviations are used in this Table:— 1976 =...
s.schedule n7 para.2 Transfer of functions orders (“TFOs”), where applicable in relation to...
s.schedule n7 para.3 General provisions contained in section 32 of the Magistrates’ Courts...
2 other provisions
s.para.130 Notes:
s.table of derivations Table of Derivations

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