Commentary on Sections Part 3 – Miscellaneous and General Section 19 – Consent for activities affecting the Pow and adjacent land etc.
37.Section 19 requires any person, other than a local authority, to obtain the consent of the Commission before doing any thing that may obstruct the Pow or limit or restrict the Commission’s access under section 17; or before discharging anything into the Pow or abstracting water from it. A local authority must give notice, but does not require the Commission’s consent.
38.The procedure for seeking consent is set out in schedule 6.
39.If a person carries out such an activity without the consent of the Commission, the Commission can require the person by way of notice to remedy the contravention or reimburse the Commission for costs incurred as a consequence. If a person fails to comply with such a notice the Commission may remedy the contravention and by a further notice require the person to reimburse the Commission for the costs of doing so.