The Barking Barrage Order 1995

Power to take, pump, impound and discharge water

16—(1) Except as provided in paragraphs (2) and (3), notwithstanding anything contained in any other enactment, the Borough may, for the purposes of or in connection with the exercise of its functions under this Order, take, impound and use water from, and discharge water into, the river, and may pump any water required by them from or into the river or pump any water found by them into the river or into any sewer, drain or watercourse and for any of those purposes may lay down, take up and alter conduits, pipes and other works and conveniences and make any convenient connections with the river or (as the case may be) with a sewer, drain or watercourse.

(2) The Borough shall not, under the powers of this article—

(a)discharge any water into any sewer or drain except with the consent (which shall not be unreasonably withheld) of Thames Water or (in the case of a private sewer or drain) the owner and subject to such terms and conditions as Thames Water or the owner, as the case may be, may reasonably impose,

(b)make any opening into such sewer or drain save in accordance with plans reasonably approved by and under the superintendence (if given) of Thames Water or the owner, as the case may be;

(c)discharge any water into the river except with the consent (which shall not be unreasonably withheld) of the Port Authority and subject to such terms and conditions as the Port Authority may reasonably impose.

(3) Nothing in this article shall exempt the Borough from the provisions of the Prevention of Oil Pollution Act 1971(1).

(4) Nothing in this article shall relieve the Borough from the requirements of the Water Resources Act 1991.

(5) Sections 85, 86 and 87 of the Water Resources Act 1991 shall apply to, or to the consequences of, a discharge under the powers of this article into any controlled waters within the meaning given by section 104 of that Act as if this article were excluded from the reference to any local statutory provision mentioned in section 88(1)(f) of that Act.

(6) In this article reference to the taking or discharge of water includes the taking or discharge of water by pumping.