Commentary Works on public land
264.Paragraph 28 concerns statutory works conducted by a statutory undertaker on public land which affects (or may affect) that land’s drainage system. The Minister may make regulations requiring a statutory undertaker to notify the approving body before starting such works.
265.Sub-paragraphs (2) and (3) make provision about the definitions of the terms “public land”, “statutory undertaker” and “statutory work.”
266.The regulations may specify criteria for determining whether works affect a land’s drainage system, and may include provision on timing and procedure. The regulations may also specify the consequences of a failure to comply with the regulation’s provisions.
267.The regulations may also require, or enable, the approving body to require a statutory undertaker carrying out such works to carry out further work on the system. This may include a requirement to leave the system in a state approved by the approving body, having regard to national standards for sustainable drainage.
268.The regulations could also give powers to the approving body to undertake work and recover their costs.
269.Finally, the regulations may amend existing primary legislation to include a cross-reference to the new regulations.