Statutory guidance

South West region flood defence and land drainage byelaws

Published 28 September 2022

The former South West Water Authority established these byelaws in 1987. They transferred to the National Rivers Authority in 1989, and to the Environment Agency in 1995. The Environment Agency continue to operate these byelaws.

In 2016, some byelaws were transferred to the environmental permit regulations (EPR). The byelaws that transferred to the EPR are now disapplied. They have not been legally repealed but, due to other legislation, are not used any more.

This document only details the byelaws still in use – this means the numbered byelaws are not sequential.

These byelaws manage activities that are not covered by the EPR for flood risk. They apply to activities around main rivers, flood and sea defences and flood plains.

Map: South West region

These byelaws cover the south-west peninsula of England, extending as far east as Lynton, Cullompton and Seaton.

If you need help to understand how and where the byelaws apply contact your local Environment Agency office.

Land drainage byelaws

The South West Water Authority, by virtue of and in exercise of the powers vested in it under Section 34 of the Land Drainage Act 1976, and of all other powers enabling it in that behalf do make the following byelaws for securing the efficient working of the drainage system in the Water Authority Area and for securing the proper defences against the sea or tidal waters of any part of its area.

These byelaws were later enforced by the South West Region of the Environment Agency. These byelaws are now enforced by the Environment Agency: all references to South West Water Authority, Water Authority or Authority should now read Environment Agency.

1. Citation

These byelaws may be cited as the South West Water Authority Land Drainage Byelaws 1986 and shall come into operation at the expiration of one month beginning on the day on which they are confirmed by the Minister.

2. Restrictions

Nothing in these byelaws shall:-

(a) authorise the Authority to require any person to do any act the doing of which is not necessary for securing the efficient working of the drainage system of the Water Authority Area or to refrain from doing any act the doing of which does not adversely affect the efficient working of the drainage system of the Water Authority Area;

(b) prejudice or affect the provisions of the Salmon and Freshwater Fisheries Act 1975 or any rights, powers or duties conferred or imposed thereby;

(c) require any person to do any act or thing or to refrain from doing any act or thing which could contravene the provisions of any statutory orders, regulations or notices made pursuant to the provisions of any Act of Parliament;

(d) If any conflict arises between these Byelaws and Section 22 of the Water Act 1973, as amended by Section 48 of the Wildlife and Countryside Act 1981 (which relates to the Authority’s duties with regard to the protection of the environment, nature conservation and amenity), the said Act shall prevail.

3. Interpretation

(1) In these byelaws unless the context otherwise requires:

(a) References to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment;

(b) ‘the Act’ means the Land Drainage Act, 1976;

(c) ‘Animal’ includes any horse, ass, cattle, sheep, goat, swine, duck, goose or poultry;

(d) ‘the Authority’ means the South West Water Authority;

(e) ‘Bank’ means any bank, cross bank, wall or embankment adjoining or confining, or constructed for the purposes of or in connection with any channel or sea front, and includes all land between the bank and low watermark;

(g) ‘Drainage’ and ‘Drainage Works’ includes defence against water (including sea water); irrigation (other than spray irrigation) and warping;

(h) ‘Flood Plain’ includes land adjacent or near to the normal channel of the main river over which flood water may spread or flow;

(i) ‘Flood Protection Works’ means any works constructed or maintained by the Authority for the purposes of preventing or alleviating flooding;

(j) ‘Flood Warning System’ means any system whereby, for the purpose of providing warning of any danger of flooding, information with regard to:

(i) rainfall, or

(ii) the level or flow of any inland water or sea at the particular time, or

(iii) other matters appearing to the Authority providing the system to be relevant for that purpose

is obtained and transmitted, whether automatically or otherwise, with or without provision for carrying out calculations based on any such information and for transmitting the results of those calculations;

(k) ‘Land’ includes water and any interests in land or water and any easement or right in, to or over land or water;

(l) ‘Local Authority’ means the Council of any County or District;

(m) ‘Main River’ means a watercourse shown as such on a main river map and includes any structure or appliance for controlling or regulating the flow of water into, in or out of the channel, being a structure or appliance situated in the channel or in any part of the banks of the channel (other than a structure or appliance vested on or controlled by an internal drainage board or the British Waterways Board for the purpose of its functions as a navigation authority);

(n) ‘Main River Map’ has the meaning assigned to that expression in Section 9 of the Act;

(o) ‘the Minister’ means the Minister of Agriculture, Fisheries and Food;

(p) ‘the Occupier’ means in the case of land not occupied by any tenant or other person the person entitled to the occupation thereof, notwithstanding that the grass on the land or the right of feeding may have been sold to some other person for a definite period, and it also includes the owner;

(q) ‘the Owner’ means the person for the time being receiving the rack rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person who would so receive the same if those premises were let as a rack rent;

(r) ‘Person’ includes a body corporate;

(s) ‘Pilotage Authority’ means any authority established pursuant to Section 7 of the Pilotage Act, 1913;

(t) ‘Railway Property’ means any railway of the British Railways Board and any bridges or works connected therewith or forming part thereof for the maintenance or operation of which the said Board is responsible and includes any land held or used by the Board for the purposes of such railway, bridges or works;

(u) ‘River Control Works’ means any valve, sluice, stop log, hatch, flashboard, flood gate, staunch gates, paddle, penstock, lock, weir, dam, pumping machinery, pump, pipe or other structure or appliance for controlling, measuring or regulating the level of the water or the flow of water into, in or out of the main river or for drawing water from or delivering water into the main river;

(v) ‘Sea Defences’ means any works constructed as a defence against inundation of the land by sea or tidal waters or for securing adequate outfalls for main rivers into the sea or estuarial waters;

(w) ‘Tidal Waters’ means any waters within the ebb and flow of the tide at high water mark of ordinary spring tides.

(x) ‘Vessel’ includes any ship, hovercraft, as defined by the Hovercraft Act 1968, lighter, barge, tug, launch, houseboat, pleasure boat, aircraft, surfboard, sailboard, wherry, skiff, dinghy, shallop, punt, canoe, yacht, raft, float, pontoon, float of timber or any craft whatsoever worked, navigated or propelled by steam, petrol, oil, electricity, sail, oars or otherwise;

(y) ‘the Water Authority area’ is the area as defined in Schedule 1 to the Water Act 1973;

(z) ‘Watercourse’ includes all rivers and streams and all adits, cuts, culverts dikes, ditches, drains, launders, leats, passages, sewers (other than public sewers within the meaning of the Public Health Act 1936) and sluices, through which water flows.

(2) All other words and expressions shall have the same meanings as in the Act.

5. Control of sluices, locks, weir etc.

Any person having control of any valve, sluice, floodgate, lock, weir, dam, pump, pumping machinery, structure or appliance by which the flow of water in or into and out of the main river is regulated or having control of any leat or channel through which water flows into or out of the main river shall: -

(a) Maintain such valve, sluice, floodgate, lock, weir, dam, pump, pumping machinery, structure, appliance, leat or channel in a proper state of repair and efficiency to the satisfaction of the Authority.

(b) Use such valve, sluice, floodgate, lock, weir, dam, pump, pumping machinery, structure, appliance, leat or channel in accordance with such reasonable directions as may from time to time be given by the Authority with a view to the prevention of flooding or shortage in the flow or supply of water and to the efficient working of the drainage system of the Area.

6. Interference with sluices, locks, weirs etc.

No person shall, without lawful authority or excuse, interfere with any sluice, flood gate, lock, weir, dam, pump, pumping machinery or any other structure or appliance for controlling or regulating the flow of water into or out of the main river or for drawing water from or delivering water into the main river.

7. Discharge of matter into river

No person shall discharge or put or cause or permit to be put or discharged or to flow into the main river any matter whatsoever, whether solid or liquid, so as to tend directly or in combination with other acts of the same or any other person to obstruct the flow of water in, into or out of the main river.

8. Obstruction of flood arches

No person shall obstruct or cause or permit any obstruction of any arch of any bridge or causeway designated for or which permits the passage of water in or near the main river, whether in its normal channel or in flood.

9. Placing matter near river

(a) No person shall put or cause or permit to be put or negligently or wilfully cause or permit to fall into the main river, any tree or trunk or branch or part of a tree or any timber or wreck, debris, willow, shrubs, weeds, grasses, reeds, rushes, vegetable growths, gravel, stones, earth, mud, ashes, refuse, dirt, coal, manure, gas lime, town sweepings, rubbish, dead animals, ballast or any object or matter whatsoever so as to impede the flow of water in, into or out of the main river or damage the bank or bed of the main river.

(b) No person shall place any such object matter or thing as is referred to in the paragraph above in proximity to the main river in such a manner as to render the same liable to drift, drain or pass into the main river, or having placed it there in contravention of the foregoing provisions of this paragraph shall allow it to remain there after such reasonable time as may be specified by the Agency in a Notice in writing served on him and requiring him to remove it.

Provided however that nothing in this byelaw shall be deemed to render unlawful the growing, harvesting or storage of crops or storage of materials used in the growing of such crops in accordance with normal practice.

10. Cutting vegetation

The occupier of lands through which the main river or any watercourse flowing directly into the main river flows or of any land abutting on the main river or any watercourse flowing directly into the main river or the person having control of any part of the main river or watercourse flowing directly into the main river shall, upon being required by the Agency by notice in writing within such reasonable time and to such extent as may be therein specified, cut trees, willows, shrubs, weeds, grasses, reeds, rushes, or other vegetable growth whatsoever growing in, or into the main river or watercourse and the banks thereof and shall remove such vegetable growths from the main river or watercourse and from any land adjacent to the main river or watercourse liable to flooding immediately after the cutting thereof.

Provided that, where a hedge is growing on the bank of a watercourse, nothing in the Byelaw shall require more than the pruning of the hedge so as to prevent it from growing over or into the watercourse, and removal of the resultant cuttings.

12. Control of vermin

The occupier of any bank of a watercourse or any part thereof shall, upon being required by the Authority by notice, within such reasonable time as may therein be specified, take such steps as are specified in the notice, being such steps as the Authority consider necessary and practicable for preventing the bank from becoming infested by rabbits, rats, coypu, and moles or any other wild animal not being an animal listed in Section 5 or Schedule 6 to the Wildlife and Countryside Act, 1981.

13. Sunken and abandoned vessels

No person who is the owner of any vessel sunk, stranded, damaged or adrift or in the case of a sunken vessel which is abandoned who was the owner immediately before the abandonment shall, after receipt of notice from the Authority that the vessel is causing obstruction, permit for longer than any reasonable period specified in said notice that vessel to remain in the main river in such manner as to cause erosion or siltation of bed or banks or impede or harmfully divert the flow of water in or out of the main river or to endanger the stability of any drainage work, river control work or sea defences.

14. Navigation of vessels

No person shall, in the main river, navigate any vessel in such a manner or at such a speed so as to injure any bank, drainage work, river control work or sea defences and where the Authority has by notice erected at any place limited the speed of vessels passing such a place no person shall navigate a vessel at a speed greater than the speed so limited provided that the Authority shall not exercise their powers under this Byelaw so as to limit the speed of vessels in any tidal waters, except after consultation with the Secretary of State for Transport.

15. Mooring to bank

No person shall moor or place any vessel to or upon the bank or any wall, outfall or other works of the main river, or to or upon any sea defences in such a manner or by such method as to cause damage to, or interfere with the operation of, such bank, wall, outfall works or sea defences.

16. Mooring in river

No person shall moor any vessel in such a manner as to materially obstruct or impede the free flow of water in, into or out of the main river or cause the same to silt up.

17. Unattended vessels

No person shall leave any vessel unattended without taking due care to prevent such vessel from materially obstructing or impeding the free flow of water in, into or out of the main river or so as to impair the efficiency of any drainage work, river control work or sea defences.

18. Vessels obstructing operations

Where any vessel is moored or lying in such a position as is likely to interfere with any lawful operation of the Authority, the owner of such vessel shall, within ten days after receipt of notice to that effect from the Authority, remove the vessel for such length of time as the Authority may reasonably require for completion of such operations, provided that Byelaw 37 shall not apply to a notice given or served by the Authority under this Byelaw.

20. Grazing on banks

All persons using or causing or permitting to be used any bank of the main river or sea wall for the purpose of grazing or keeping any animals thereon shall take such steps as are necessary and reasonably practicable to prevent the bank of the main river or sea wall from being damaged by such use, provided that nothing in this Byelaw shall be deemed to affect or prevent the use for the purpose of enabling stock to drink at any place to be made or constructed as may be approved in writing by the Authority provided further that all occupiers of land upon which such drinking places as aforesaid are situated shall at all times maintain such drinking places to the satisfaction of the Authority.

21. Control of animals

The occupier of any land through which the main river flows or which abuts on the main river or sea defences shall, if required to do so by a duty authorised officer of the Authority, ensure that during the progress of any work carried out by the Authority on such land or on so much of the main river or sea defences as is co-extensive therewith, cattle, horses, dogs or dangerous animals are not kept on that land unless they are kept under proper control and supervision.

23. Maintenance and repair of buildings

Any person who is responsible for the maintenance in proper repair of any building or structure or river control works in or over the main river or on the bank thereof or on sea defences shall, on receipt of a notice from the Authority that the building or structure is or is becoming or is likely to become by reason of its disrepair an obstruction to the flow of the main river, or is causing, or is likely to cause damage to the bank thereof or to the sea defences, carry out to the satisfaction of the Authority such reasonable and practicable repairs or other works and within such reasonable time as may be specified in the notice which are necessary for the purpose of remedying the obstruction or of preventing such damage to the main river and/or bank thereof or the sea defences.

25. Deposit of materials on bank

No person shall use or cause or permit to be used any bank of the main river, drainage work, river control work or sea defences, or any land within 7 metres thereof for the purpose of depositing, stacking, storing or keeping any rubbish, goods, any materials or things whatsoever thereon or adjacent thereto in such manner as by reason of the weight, volume or nature of such rubbish, goods, material or things to cause damage to or endanger the stability of the bank drainage work, river control work or sea defences, or interrupt or interfere with the operations of the Authority or interfere with the spoil deposited on any bank, drainage work or sea defences by the Authority.

30. Flood warning system

No person shall interfere with or cause damage to any flood warning system (including all apparatus associated therewith and all or any engineering or building operations connected therewith) established and maintained by the Authority or vested in or under the control of the Authority.

31. Trespass

(1) No person shall, without lawful authority or excuse, interfere with or remove or in any way damage any sea defence, drainage or river control work, bridge, building, access road or any structure, appliance or property whatsoever vested in or under the control of the Authority for the purpose or in connection with its functions relating to land drainage.

33. Disposal of soil

No persons shall carry out any erection, construction or other works adjacent to a main river such as to limit the ability of the Authority to deposit spoil in accordance with the provisions of the Act.

34. Obstruction of authority’s officers

No person shall obstruct, interfere with or resist any officer, agent or servant of the Authority exercising any of their powers or duties under there Byelaws.

35. Damage to notice boards

No person shall deface or remove any notice board, notice or placard put up by the Authority.

36. Savings

Nothing in these Byelaws shall:-

(a) Conflict or interfere with the operation of any byelaw made by a navigation authority, harbour authority or conservancy authority, internal drainage board or drainage authority or pilotage authority, but no person shall be liable to more than one penalty or in the case of a continuing offence more than one daily penalty in respect of the same offence.

(b) Restrict, prevent, interfere with or prejudice the exercise of any statutory rights or powers which are now or hereafter may be vested in or exercised by:-

(i) British Airports Authority, British Gas plc, Civil Aviation Authority, any Electricity Board, National Coal Board, Post Office, and any undertaking engaged in the operation of a telecommunications system.

(ii) Undertakings for the supply of water to any place.

(iii) Navigation, harbour, conservancy or Pilotage authorities.

(iv) Public utility undertakings carried on by local authorities under any Act or under any order having the force of an Act.

(v) British Railways Board – with respect to the construction, use, maintenance and repair of any railway property or so as to interfere with or obstruct the free, uninterrupted and safe use of any railway of the Board and the traffic thereon and the use by passengers of railway property.

(vi) Internal Drainage Boards and Drainage Authorities.

(vii) Local Authorities.

(viii) Highway Authorities – for the purpose of Highways Acts 1980 (as amended by any subsequent enactment) in relation to a Highway, whether or not maintained at Public expense.

(c) Restrict, prevent, interfere with or prejudice either the erection by such local authority or highway authority of fencing for the protection of the Public or any right of such authority to introduce into any watercourse surface water from any road or highway.

(d) Nothing in these byelaws shall operate to prevent the removal of any substances, or under or the erection of any structure, building or machinery or any cables, wire or pipe on, over or under lands belonging to Her Majesty in right of the Crown by any person thereunto authorised by the Crown Estate Commissioners or lands belonging to His Royal Highness the Duke of Cornwall or the Possessor of the Duchy of Cornwall for the time being by any person thereunto authorised by the Council of the said Duchy.

(e) Affect any liability arising otherwise than under and by reason thereof.

37. Arbitration

(a) Where by these byelaws any person is required by a notice given by the Authority in writing to do any work to the satisfaction of the Authority or to comply with any direction of the Authority given under these byelaws he may, within 21 days after the service of such notice on him, give to the Authority a counter-notice in writing objecting to either the reasonableness of or the necessity for such requirement or directions and in default of agreement between such parties and the Authority or if dispute arises as to the satisfactory execution of such work or as to the compliance with any directions such dispute shall, in the case of a dispute between a drainage authority or any local authority and the Authority be referred to the Minister whose decision shall be final and in any other case such dispute shall be referred to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers on the application of either party.

39. Notices

Notices or other documents required to be given or served under or by virtue of these byelaws shall be given or served in the manner in which notices under Section 108 of the Act are required to be served.

40. Revocations

The Byelaws made by:-

(i) the Cornwall River Authority on the Eleventh day of January 1952;

(ii) the Devon River Authority on the Twentieth day of December 1972; and

(iii) the South West Water Authority on the First day of October 1975,

are hereby revoked.

Penalties and recovery of expenses

(a) Every person who acts in contravention of or fails to comply with any of the foregoing byelaws shall be liable on summary conviction in respect of each offence to a fine not exceeding the amount prescribed from time to time for level 5 on the standard scale referred to in Section 37 of the Criminal Justice Act 1982 (Two Thousand Pounds) and a further fine not exceeding £40 for every day on which the contravention or failure is continued after conviction (Section 34(4)) of the Land Drainage Act (1976).

(b) By Section 34(5) of the Act, if any person acts in contravention of, or fails to comply with any of the foregoing byelaws the Authority may, without prejudice to any proceedings, under sub-section (4) of Section 34 of the Act, take such action as may be necessary to remedy the effect of the contravention or failure any may recover the expenses reasonably incurred by the Authority in doing so from the person in default.