East Sussex River Board

RIVER BOARDS ACT, 1948 LAND DRAINAGE ACT, 1930

LAND DRAINAGE BYELAWS

Internal Drainage Districts LAND DRAINAGE ACT, 1930 BYELAWS The East Sussex River Board acting as the Internal Boards for the River Cuckmere and the Pevensey Levels Internal Drainage Districts and as the Commissioners ofSewers for Lewes and Laughton Levels Drainage District by virtue of three Orders (a) made under Section 11 of the Land Drainage Act 1930, as applied by Section 4 of the River Boards Act, 1948, in exercise of the powers vested in them by Section 47 of the Land Drainage Act, 1930, do make the following byelaws which they consider necessary for securing the efficient working of the drainage systems in the three aforesaid Internal Drainage District:-

DATE OF COMMENCEMENT 1. These Byelaws shall come into operation immediately after the same are confirmed by the Minister. APPLICATION 2. These byelaws shall be applicable to all watercourses and the banks thereof and to other works for the time being and from time to time vested in or controlled by the Board, except that Byelaws No. 3 and No. 10 shall also The Minister of Agriculture and Fisheries HEREBY CONFIRMS these apply to all such watercourses and the banks thereof and other works as are Byelaws situated within the Internal Drainage Districts but are not under the control of the Board. IN WITNESS whereof the Official Seal of the CONTROL OF SLUICES, Etc. Minister of Agriculture and Fisheries is hereunto 3. Any person having control of any valve, sluice, flood-gate, lock, weir, affixed this first day of January nineteen hundred dam, pump, pumping machinery, or any other structure or appliance by and fifty three which the flow of water in, into or out of any watercourse or the drawing of water from or delivering of water into any watercourse is controlled or (Sgd) Hugh Gardner, regulated shall:- (i) maintain such valve, sluice, flood-gate, lock, weir, dam, pump, Assistant Secretary pumping machinery, or any other structure or appliance in a proper state of repair and efficiency to the satisfaction of the Board; (ii) use such valve, sluice, flood-gate, lock, weir, dam, pump, pumping machinery, or any other structure or appliance in accordance with such reasonable directions as may from time to time be given by the Board 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 Internal Drainage Districts. (a) (i) River Cuckmere Catchment Board (Transfer of Powers of the River Cuckmere Drainage Board) Order, 1932

16 17 (ii) River Ouse (Sussex) Catchment Board (Transfer of Powers of CUTIING OF TREES, Etc. the Commissioners of Sewers for the Levels of Lewes and Laughton) Order, 1939; 10. The occupier ofland through which a watercourse flows or ofland abutting on any watercourse or the person having control of any watercourse shall (iii) Old Haven (Pevensey) and Bulverhythe Stream Catchment upon being required by the Board by notice in writing within such Board(Transfer of Powers of the Pevensey Levels Internal reasonable time as may be therein specified cut all trees, willows, shrubs, Drainage Board) Order, 1932. weeds, grasses, reeds, rushes, or other vegetable growths growing in or into the watercourse. DIVERSION OF WATER 4. No person shall without the previous consent of the Board divert or alter the DAMAGE BY ANIMALS · level of or direction of the flow of water in, into or out of any watercourse. 11. All persons using or causing or permitting to be used any bank of any watercourse for the purpose of grazing or keeping any animal thereon shall TAK.ING AND ADDING OF WATER take such steps as are necessary and reasonably practicable to prevent the 5. No person shall without the previous consent of the Board put any water bank or the channel of the watercourse from being damaged by such use. into or take water from any watercourse for any purpose not being a Provided that nothino in this Byelaw shall be deemed to affect or prevent purpose for which he would subject to the provisions of the Act be lawfully the use of any bank the purpose of enabling stock to drink at any place entitled so to do whether as the owner or occupier of riparian land or f~r otherwise. to be made or constructed as may be approved by the Board. DRIVING OF VEIIlCLES, Etc. TIPPING OF RUBBISH, Etc. 12. No person shall use or drive or permit or cause to be used or driven any cart 6. No person shall discharge or put or cause or permit to be put or negligently or vehicle of any kind whatsoever on, over or along any bank of any or wilfully cause or permit to fall into any watercourse any tree, tree trunk watercourse in such a manner as to cause damage to or endanger the or branch or part of any tree, timber, wrack, debris, willows, shrubs, stability of such bank. weeds, grasses, reeds, rushes, gravel, stones, earth, mud, ashes, dirt, soil, rubbish, vegetable growths or any other object or matter whatsoever PROIIlBITION OF ERECTION OF STRUCTURES whether solid or liquid so as to obstruct the flow of water in, into or out of any watercourse. 13. No person shall without the previous consent of the Board: (a) erect or construct or cause or permit to be erected or constructed any RUBBISH, Etc., NEAR THE RIVER fence, post, pylon, wall, wharf, jetty, quay, pier, piling, groyne, revetment, winch, winch platform or drainage work or any other 7. No person shall place any such object matter or thing as is referred to in the building or structure whatsoever in any watercourse or in or on any last foregoing byelaw in proximity to any watercourse in such a manner as bank thereof; to render the same liable to drift into any watercourse in time of flood. (b) make or cut or cause or permit to be made or cut any excavation or any SUNKEN VESSELS tunnel or any drain, culvert or other passage for water in, into or out 8. No person who is the owner of any sunken vessel, or in the case ofa sunken of any watercourse or in or though any bank of any watercourse; vessel which is abandoned who was the owner immediately before the (c) Place or affix or cause or permit to be placed or affixed any gas or abandonment, shall, after receipt of notice from the Board that the vessel watermain or other pipe whatsoever or any wire or any electric main is causing obstruction permit that vessel to remain in any watercourse in or cable or any supports in respect thereof in or over any watercourse, such a manner as to impede or harmfully divert the flow of water in, into or in, over or through any bank of any watercourse; or out of any watercourse. (d) place any structure, building, machinery, pole or pylon, ma~t, ~tay, plant, winch, winch platform or drainage work on, ov~r ?r w1thm 20 PLANTING OF TREES, Etc. feet of the foot of any bank on the landward side or w1thm 16 feet of 9. No person shall without the previous consent of the Board plant any tree, the brink of any depth ditch pertaining to such bank or where there is shrub, willow or other growth within twenty feet of the foot of any bank on no bank within 16 feet of the brink of any watercourse. the landward side or within sixteen feet of the brink of any delph ditch pertaining to such bank or where there is no bank within sixteen feet of the Provided that the Board in granting any such consent may impose such brink of any watercourse. terms and conditions as are in their opinion necessary to secure the efficient working of the drainage systems of the Internal Drainage Districts. 18 19 DREDGING, Etc. 14. No person shall remove dredge or raise or take or cause or permit to be TRESPASS removed, dredged or raised or take any gravel, sand, ballast, clay or other 19. No unauthorised person shall enter upon any land belonging to or in the material from the bed or bank of any watercourse or from any drainage occupation of the Board if such entry is likely to endange~ any per~~n. or work except with the consent of the Board which consent may be given property and there is displayed on or near the land a notice proh1b1tmg absolutely or subject to conditions. entry.

STACKING OF MATERIALS, Etc. DAMAGE TO BOARD'S PROPERTY 15. No person shall use or cause or permit to be used any bank of any 20. No person shall interfere with or damage any bank or bridge or building or watercourse or any drainage work for the purpose of depositing or stacking any structure or appliance or any other property of the Board whatsoever. or storing or keeping any rubbish or goods or any material or things thereon in such manner as by reason of the weight, volume or nature of DAMAGE TO NOTICE BOARDS such rubbish, goods, material or things to cause damage to or endanger the 21. No person shall deface or remove any notice board or notice placard put up stability of the bank or interfere with the right of the Board to deposit spoil by the Board. on the bank. OBSTRUCTION OF OFFICERS INJURIOUS ACTS TO BANKS 22. No person shall obstruct or interfere with any officer or agent or servant of 16. No person shall the Board exercising any of his duties under the Act or these Byelaws. (a) cut or pare or remove or cause or permit to be cut or pared or removed any turf forming part of the bank of any watercourse or part of any NAVIGATION OF VESSELS drainage work; 23. No person shall navigate any vessel in such~ manner or at such a speed as to injure the bank of a watercourse or any dramage works under the control (b) dig for or remove or cause or permit to be dug for or removed any of the Board. stones, gravel, clay, earth, timber or any other material whatsoever forming part of the bank of any watercourse or part of any.drainage MOORING OF VESSELS work; 24. No person shall moor or place any vessel in any watercourse or to or upon (c) make or cause or permit to be made any excavation or do or cause or the bank of any watercourse in such manner or by such method ~s to cause permit to be done anything in or upon any land adjoining the bank of injury to the bank or any drainage v.:or~ or to obstruct or impede or any watercourse of such a nature as to cause damage to or endanger the harmfully divert the free flow of water m, mto or out of any watercourse. stability of the bank of the watercourse or part of any drainage work. UNATTENDED VESSELS CUTTING OF WEEDS 25. No person shall leave any vessel unattended without taking due care_ to 17. The occupier of the bank of any watercourse or of any part thereof shall cut prevent such vessel from obstructing or impeding the free flow of water m, down and keep cut down all weeds and grasses growing on the bank. into or out of any watercourse.

INTERFERENCE WITH SLUICES, Etc. SAYING CLAUSES 18 . No person shall without lawful authority or excuse interfere with any 26. Nothing in these byelaws shall:- valve, sluice, flood-gate, lock, weir, dam, pump, pumping machinery or (a) interfere with the operation of any byel~w made by a navigation, any other structure or appliance for controlling or regulating the flow of water in, into or out of any watercourse or for drawing water from or harbour, pilotage or conservancy authonty, but no p~rs?n shall be delivering water into any watercourse. liable to more than one penalty or in the case of a contmumg 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:-

20 21 (i) any public utility undertaking carried on by a local authority under any Act or under any Order having the force of an Act; NOTICES (ii) any undertakers for the supply of water to any place; 30. Notices required to be given or served under these byelaws may be served in the manner in which notices under the Act are required to be served. (iii) the British Electricity Authority or any Area Electricity Board established under the Electricity Act, 1947; CROWN LANDS (iv) any Area Board established under the Gas Act, 1948; 31. Nothing in these Byelaws shall operate to prevent the removal of any (v) the undertakers of any navigation, harbour or conservancy substance on, in or under (or the erection of any structure, building or authority; machinery or any cable, wire or pipe on, over or under) lands belonging to Her Majesty in right of her Crown by any person thereunto authorised by (vi) any local authority; the Commissioners of Crown Lands. (vii) the British Transport Commission or any Executive established pursuant to Section 5 of the Transport Act, 1947, with respect DEFINITIONS to the construction, use or maintenance ofany railway bridge or 32. (a) In these Byelaws, unless the context otherwise requires, the following any other work connected with their railways, or so as to expressions shall have the meanings hereby assigned to them interfere with the traffic thereon; respectively, that is to say:- (viii) any Pilotage Authority. "The Act" means the Land Drainage Act, 1930; (c) affect any liability arising otherwise than under and by reason thereof. ''Animal'' includes any horse, ass, mule, cattle, sheep, goat, swine, goose 27. Nothing in these Byelaws shall authorise the Board to require any person or poultry; to do any act the doing of which is not necessary for securing the efficient "Bank" means any bank, wall or embankment or flood embankment working of the drainage system of the Internal Drainage Districts or to adjoining or confining or constructed for the purpose of or in connection refrain from doing any act the doing of which would not adversely affect with any watercourse or sea front and includes all land between the bank such working. and mean low water mark of ordinary tides or the level of the water in the watercourse as the case may be, and where there is no such bank, wall or DISPUTES embankment or flood embankment, includes the brink of the watercourse. 28. Where by these byelaws any person is required to do work to the The level of the water in the water course for this purpose shall be defined satisfaction of the Board or comply with any directions of the Board and as normal summer water level in non-tidal watercourses; any dispute arises thereafter as to the satisfactory execution of such work "Board" means the East Sussex River Board acting as the Internal or as to the compliance with such directions, such dispute shall, in the case Drainage Board for the River Cuckmere and the Pevensey Levels Internal of a dispute between a drainage authority or local authority and the Board, Drainage Districts and as the Commissioners of Sewers for Lewes and be referred to the Minister whose decision shall be final. in any other case Laughton Levels Drainage District; 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 "Delph ditch" means the drain on the landward side of the foot of the bank Civil Engineers on the application of either party. of the watercourse; ''Consent of the Board'' means the consent of the Board in writing signed 29. Where by these Byelaws any person is required to refrain from doing any by the Clerk of the Board or other person authorised by the Board; act without the previous consent of the Board, such consent shall not be unreasonably withheld, and in the event of any dispute arising between a "Internal Drainage Districts" means the River Cuckmere Internal drainage authority or local authority and the Board as to whether such Drainage Districts as delineated for the time being on the map sealed by the consent is unreasonably withheld, such dispute shall be referred to the Minister on the 4th April, 1932, the Pevensey Levels Internal Drainage Minister whose decision shall be final. In any other case where a dispute District as delineated for the time being on the map in three parts sealed by arises as to whether such consent is unreasonably withheld, such dispute the Minister on the 8th June, 1932, and the Levels of Lewes and Laughton shall be referred to the arbitration ofa single arbitrator to be appointed, in Drainage District as delineated for the time being on the map made by order default of agreement, by the President of the Institution of Civil Engineers of the Commissioners of Sewers by Thos. Budgen in the year 1791, as on the application of either party. revised and corrected in 1902 by Thos. Colegate, Expenditor to the said

22 23 Commissioners, or on any subsequent maps sealed by the Minister in relation to the said Internal Drainage Districts; "Local Authority" means the Council of a County, County Borough, Borough or Urban or Rural District; "Minister" means Minister of Agriculture and Fisheries; " Occupier" includes owner; "Owner" includes the person defined as such in the Public Health Act, 1936; "Person" includes a body corporate; '' Pilotage Authority'' means any authority established pursuant to Section 7 of the Pilotage Act, 1913; "Railway" means a railway constructed under the powers of any Act of Parliament and intended for the conveyance of passengers or goods; "Vessel" includes any ship, lighter, keel, barge, tug, launch, houseboat, pleasure boat, aircraft, randan, wherry, skiff, dinghy, shallop, punt, canoe, yacht, raft, float, float of timber, or any other craft whatsoever whether worked, navigated or propelled by steam, petrol, oil or otherwise. "Watercourse" includes any river, stream, ditch, drain, culvert, sluice, sewer (other than a sewer under the control Qf a local authority within the meaning of the Public Health Act, 1936) and passage through which water flows; and other expressions shall have the same respective meanings.as in the Act. (b) The Interpretation Act, 1889, shall apply to the interpretation of these Byelaws as it applies to the interpretation of an Act of Parliament.

The COMMON SEAL of the EAST SUSSEX RIVER BOARD was hereunto affixed this third day of September 1952 in the presence of:

(Sgd) Edwin T. Wadman, Chairman (Sgd) R. W . Fovargue. Clerk G

NOTE: By Section 47(8) of the Act any 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 twenty pounds and a further fine not exceeding five pounds for every day on which the offence is committed or continued.