Water (Scotland) Act 1980

71 Byelaws for preventing pollution of water.S

(1)If it appears to a water authority F1 to be necessary for the purpose of protecting against pollution any water whether on the surface or underground, which belongs to them or which they are for the time being authorised to take, they may by byelaws—

(a)define the area within which they deem it necessary to exercise control; and

(b)prohibit or regulate the doing within that area of any act specified in the byelaws.

Byelaws made under this section may contain different provisions for different parts of the area defined by the byelaws.

(2)Where an area has been defined by byelaws under this section, the [F2water authority] may by notice require either the owner or the occupier of any premises within that area to execute and keep in good repair such works as they consider necessary for preventing pollution of their water, and, if he fails to comply with any such requirement, he shall be liable on summary conviction to the same penalties as if he had committed an act prohibited by the byelaws:

(3)The [F3water authority] shall pay compensation to the owners and occupiers of, and other persons interested in, any premises within the area defined by byelaws made under this section in respect of—

(a)any curtailment or injurious affection of their legal rights by restrictions imposed by the byelaws; and

(b)any expenses incurred by them in complying with a requirement to construct and maintain any works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by the [F3local authority];

and any question as to the amount of compensation to be paid shall in case of dispute be determined by arbitration.

In this subsection the expression “legal rights” includes the use of land in respect of which proceedings might have been taken by the [F3local authority] or otherwise under any public general Act or under byelaws made thereunder, but have not been so taken, either by reason of the character or situation of the land or for some other reason.

(4)Where any person has failed to comply with a requirement made on him under subsection (2) and either—

(a)he has not appealed to the sheriff against that requirement and the time for appealing has expired, or

(b)his appeal has been dismissed or the requirement has been modified on his appeal and he has failed to comply with the requirement as so modified,

the [F4local authority] may, whether proceedings have been taken in respect of such failure or not, execute and keep in good repair the works specified in the requirement as originally made or, as the case may be, as modified on appeal, and may recover the expenses reasonably incurred by them in so doing from the person in default, except expenses incurred in respect of works the construction of which could not, apart from this section, lawfully have been required otherwise than upon payment of compensation by the [F4local authority].

(5)Two or more [F5water authorities] may combine for the purpose of making and enforcing byelaws under this section, and this section and section 72(2) shall in any such case have effect as if the references to an authority F6 were references to those two or more authorities F6 acting jointly.

(6)Nothing in this section shall be construed as empowering the authorities F6 to make any byelaws restricting the rights of a navigation authority under any enactment.