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Land Drainage Act 1991

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This is the original version (as it was originally enacted).

57Contributions by the NRA to expenses of internal drainage boards

(1)Where it appears to the drainage board for any internal drainage district that, by reason—

(a)of the quantity of water which that district receives from lands at a higher level; or

(b)of the period that will elapse before that district obtains any relief from operations of the NRA on a main river,

it is fair that a contribution towards their expenses should be made by the NRA, they may make an application to the NRA for a contribution.

(2)On an application under subsection (1) above the NRA may resolve to make to the internal drainage board such contribution, if any, as may be specified in the resolution.

(3)A resolution under this section may be acted upon by the NRA forthwith, notwithstanding that the period for bringing an appeal under subsection (4) below has not expired or that an appeal so brought is pending.

(4)If—

(a)an internal drainage board is aggrieved by a resolution of the NRA under this section determining the amount of any contribution or refusing to make a contribution; or

(b)the council of any county or London borough is aggrieved by any such resolution on the ground that the contribution to be made by the NRA is excessive,

the board or council may, within six weeks after the date on which notice of the resolution is given by the NRA to the internal drainage board in question, appeal to the relevant Minister against the resolution.

(5)On an appeal under this section the relevant Minister may, after considering any objections made to him and, if he thinks fit, holding a public local inquiry, make such an order in the matter as he thinks just.

(6)Where—

(a)the NRA has acted on a resolution by virtue of subsection (3) above; and

(b)an appeal is brought in respect of the resolution,

the relevant Minister shall by his order direct such adjustment to be made in respect of any sums paid in pursuance of the resolution as may be necessary for giving effect to his decision.

(7)Where the relevant Minister makes an order under this section, he shall lay before Parliament particulars of the matter in respect of which the appeal was made and of the reasons for his order.

(8)Compliance with any order made by the relevant Minister under this section may be enforced by mandamus.

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