Statutory guidance

Midlands and Severn Trent region flood defence and land drainage byelaws

Published 28 September 2022

The former Severn Trent Water Authority established these byelaws in 1975. They transferred to the National Rivers Authority in 1989, and to the Environment Agency in 1995. The Environment Agency continues 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 They have not been legally repealed but, due to other legislation, are not used any more.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: Midlands and Severn Trent region

These byelaws cover the catchments of the Rivers Severn and Trent. They include an area from:

• Scunthorpe in the north, to
• Leicester and Cheltenham in the east, to
• the mouths of the Severn and Wye near Lydney and the Severn Bridges in the south, and
• Shrewsbury and Stoke-on-Trent on the western side

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

Land drainage byelaws

The Severn-Trent Water Authority under and by virtue of the powers and authority vested in them in Section 47 of the Land Drainage Act 1930 as amended by the Land Drainage Act 1961 and the Water Act 1973 and as applied by the Water Act 1973 and of every other power enabling them in that behalf hereby make the following byelaws for securing the efficient working of the drainage system in their area.

These byelaws were later enforced by the Midlands Region of the Environment Agency. These byelaws are now enforced by the Environment Agency: all references to Severn-Trent Water Authority, STWA, Water Authority or Authority should now read Environment Agency.

1. Citation and commencement

These Byelaws may be cited as the Severn-Trent Water Authority Land Drainage Byelaws 1975 and shall come into operation at the expiration of one month beginning with the day on which they are confirmed by the Minister.

2. Application of byelaws

These Byelaws shall have effect within the Severn-Trent Water Authority area for the purposes of their functions relating to land drainage.

3. Definition and interpretation

In these Byelaws unless the context otherwise requires the following words and expressions shall have the meanings hereby respectively assigned to them, that is to say:-

‘Act’ means the Land Drainage Act 1930 as amended by the Land Drainage Act 1961and the Water Act 1973;

‘Animal’ includes any horse, ass, mule, cattle, sheep, goat, swine, goose or poultry;

‘Authority’ means the Severn-Trent Water Authority;

‘Authority Area’ means the area of the Authority for the purpose of their functions relating to land drainage;

‘Bank’ means any bank, wall or embankment adjoining or confining or constructed for the purpose of or in connection with any watercourse and in the case of watercourses within which tidal waters flow includes all land between the bank and low water mark of mean spring tides or in the case of other watercourses includes all land between the bank and the level of the water therein from time to time and the word ‘banks’ shall be construed accordingly;

‘Drainage authority’ in Byelaw 36 means an internal drainage board;

‘Drainage Works’ includes works for defence against water including sea water, irrigation and warping;

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

a) rainfall, as measured at a particular place within a particular period, or

b) the level of flow of any inland water at a particular time, or

c) 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;

‘Flood Protection Works’ means any works constructed or maintained by the Authority for the purpose of preventing flooding;

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

‘Local Authority’ means the council of any county or district;

‘Main river’ means a watercourse which is shown by a distinctive colour on the main river map of the Authority’s area 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 in or controlled by an Internal Drainage Board or the British Waterways Board for the purpose of its functions as a navigation authority);

‘Main river map’ has the meaning assigned to that expression in paragraph 6 of Schedule 2 to the Water Act 1973;

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

‘Occupier’ means, in the case of land not occupied by any tenant or other person, the person entitled to occupation thereof;

‘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 or who would so receive the same if those premises were let at a rack rent;

‘Person’ includes a body corporate;

‘Railway property’ means any railway of the British Railways Board and any bridges and works connected therewith or forming part thereof for the maintenance or operation of which the said Board are responsible and includes any land held or used by the Board for the purposes of such railway bridges or works;

‘River Control Work’ means any valve, sluice, floodgate, lasher, staunch gate, paddle, penstock, lock, weir, dam, pumping machinery, pump, pipe or any 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;

‘Vessel’ includes any ship, hovercraft as defined by the Hovercraft Act 1968, lighter, keel, barge, tug, launch, houseboat, pleasure boat, aircraft, randan, wherry, skiff, dinghy, shallop, punt, canoe, yacht, raft, float of timber, or any other craft whatsoever whether worked, navigated or propelled by steam, petrol, oil, electricity or other mechanical means or otherwise;

‘Watercourse’ includes all rivers and streams and all ditches, drains, cuts, culverts, dykes, sluices, sewers (other than public sewers within the meaning of the Public Health Act 1936) and passages, through which water flows and any reference to a watercourse includes a reference to the channel or bed of a watercourse which is for the time being dry but excludes any canal or connecting feeder channel vested in or controlled by the British Waterways Board;

And any other words or expressions shall have the same respective meanings as in the Act.

4. Limitation

Nothing in these Byelaws shall:-

(1) 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 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 Authority area;

(2) prejudice or affect the provisions of the Salmon and Freshwater Fisheries Act 1975 and Sections 18, 20 and 22 of the Water Act 1973 (which relate respectively to the Authority’s duties in relation to fisheries, their powers and duties in regard to the use, for the purposes of recreation, of water and land associated with water and to their duties with regard to nature conservation and amenity) or any rights, powers or duties conferred or imposed thereby; and

(3) require any person to do any act or thing or to refrain from doing any such act or thing which would contravene the provisions of any Statutory Orders Regulations or Notices made pursuant to the provisions of any Act of Parliament.

5. River control works – use and maintenance

Any person having charge of any River Control work shall:-

(a) maintain in accordance with the directions of the Authority such river control work in a proper state of repair and efficiency to the satisfaction of the Authority and,

(b) use such river control work 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 the prevention of any shortage in the flow or supply of water in the main river. Provided that:-

i) Notwithstanding the provisions of this Byelaw the Authority shall not by any such directions as aforesaid prevent or interfere with the taking from or discharge into the main river of as sufficient a quantity of water as may be reasonably required by any person for any purpose for which he would but for the passing of the Act have been lawfully entitled to take or discharge water whether as the owner or occupier of riparian land or otherwise or for which he was already at the date of the confirmation of these Byelaws lawfully taking or discharging water and so long as such quantity of water is reasonably required for any such purpose as aforesaid.

ii) Nothing in this Byelaw shall apply to a river control work vested in or controlled by the British Waterways Board.

7. Prevention of interference with river control works

No person shall without lawful authority or excuse interfere with or remove or in any way damage any 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 their functions relating to land drainage.

8. Flood warning systems

No person shall interfere with or cause damage to any flood warning system established and maintained by the Authority

11. Obstruction and anticipated obstruction to flow

(1) This Byelaw shall have effect for the purpose of preventing any obstruction or impediment to or interference with the flow of water into, in or out of the main river and for the purpose of preserving the main river or the banks thereof from damage or destruction.

(2) No person shall

a) discharge or put or cause or permit to be discharged or put or fall into the main river any bricks, gravel, stones, or any substance which has been used as ballast or any ashes, dirt, soil, coal, manure, lime, tins, wires, bottles, furniture, prams, car bodies, rubbish, refuse, carcasses or other chattels or any matter of any kind whatsoever whether solid or liquid.

b) put or cause or permit to be put or to fall into the main river any tree or part thereof or any timber or wrack, debris, willows, shrubs, weeds, grasses, reeds, rushes, or vegetable growths or any object or matter whatsoever.

d) allow any such object matter or thing as is referred to in paragraph (2) sub-paragraphs (a) and (b) of this Byelaw to remain in proximity to the main river in such manner as to render the same liable to drift or be carried into the main river in time of flood: Provided however that nothing in this Byelaw shall be deemed to render unlawful.

i) the maintenance or user of any fishing rack, pen or enclosure for fish or eels which might lawfully have been maintained or used immediately before the passing of the Land Drainage Act 1930 or of any portable cage or trap or of any keep net used in connection with angling and

ii) the growing, harvesting or storage of crops or the storage of materials used in the growing of such crops in accordance with normal agricultural practice.

12. Control of vermin in banks

The occupier of any bank of the main river or any part thereof shall, upon being required by the Authority by notice in writing, 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, musk rats, mink, moles and other vermin in or on the bank. Provided however that in taking such steps as aforesaid he shall not do or cause or permit to be done anything of such a nature as to cause damage to or endanger the stability of the bank.

13. Notice to remove growth in or on banks

(1) This Byelaw shall only apply to the main river or any watercourse flowing directly thereinto and shall have effect for the purpose of preventing any obstruction or impediment to or interference with the flow of water into, in or out of the main river or the watercourse as the case may be and for the purpose of preserving the main river or the watercourse or the banks thereof as the case may be from damage or destruction.

(2) The occupier of land through which a watercourse to which this Byelaw applies flows or of land abutting on any such watercourse or other the person having control of any such watercourse as the case may be shall, upon being required by the Authority by notice in writing within such reasonable time as may be therein specified, cut down such trees, willows, shrubs, grasses, reeds, rushes or weeds in or on the bank of the watercourse as may be specified by such notice.

14. Removal of cut vegetable growths

Every person who shall cut the weeds and vegetable growths in the main river or in any watercourse flowing directly into the main river shall remove such weeds and vegetable growths from the main river or the watercourse as the case may be immediately after the cutting thereof.

17. Protection of flood protection works against grazing animals

No person shall use or cause or permit to be used any flood protection works for the purpose of grazing or keeping any animal thereon unless he shall take such steps as are necessary and reasonably practicable to prevent the flood protection works from being damaged by such use.

Provided that nothing in this Byelaw shall be deemed to affect or prevent the use of any flood protection works for the purpose of enabling stock to drink at any place made or to be made or constructed for that purpose as may be approved by the Authority.

20. Repairs to buildings

The owner of any buildings or structures in or over the main river or on the banks thereof, shall, upon receipt of a notice from the Authority that because of its state of disrepair:-

i) the building or structure is or is in imminent danger of causing an obstruction to the flow of the main river, or

ii) the building or structure is causing or is in imminent danger of causing damage to the bank of the main river, carry out such reasonable and practicable works as are specified in the notice for the purpose of remedying or preventing the obstruction or damage as the case may be within such reasonable time as is specified in the notice.

Provided that Byelaw 36(1) shall not apply to a notice given or served by the Authority under this Byelaw.

23. Deposit on banks

(1) This Byelaw shall apply only in relation to the main river.

(2) No person shall use or cause or permit to be used any bank or drainage work or river control work for the purpose of depositing, stacking, 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 such rubbish, goods, material or things to cause damage to or endanger the stability of the bank or drainage work or river control work.

24. Mooring of vessels

No person shall moor or place any vessel in such manner as materially to obstruct or impede the free flow of water into, in or out of the main river or cause damage to the banks of the main river.

25. 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 into, in or out of the main river, or so as to impair the efficiency of any drainage work or river control work.

26. Notice to remove vessel obstructing the main river

Where any vessel is moored or lying in such a position as is likely to interfere with dredging or other operations of the Authority the owner of such vessel shall within seven 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 the completion of such operations.

Provided that Byelaw 36(1) shall not apply to a notice given or served by the Authority under this Byelaw.

27. Sunken, stranded and abandoned vessels

No person who is the owner of a vessel sunk, stranded, damaged or adrift in the main river or in the case of a sunken vessel which is abandoned who was the owner immediately before the abandonment shall after the receipt of notice from the Authority that the vessel is causing obstruction permit the vessel to remain in the main river in such a manner as to impede or harmfully direct the flow of water into, in or out of the main river or to endanger the stability of any drainage work.

Provided that Byelaw 36(1) shall not apply to a notice given or served by the Authority under this Byelaw.

28. Navigation – speed limits

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 or river control work and where the Authority have by notice erected at any place limited the speed of vessels passing such 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 –

a) vessels in any tidal waters except after consultation with the Secretary of State, Department of Trade or

b) vessels navigating waterways of the British Waterways Board for which speed limits are prescribed by the byelaws of such Board.

29. Notices

Any notice or other document required or authorised to be given or served under these Byelaws shall be sufficiently given or served if given in writing under the hand of the Chief Executive of the Authority or other duly authorised officer of the Authority and served in the manner provided in Section 120 of the Water Resources Act, 1963.

30. Obstruction of the authority’s officers

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

31. Control of animals

The occupier of any land through which the main river flows or which abuts on the main river shall if required to do so by an 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 as is co-extensive therewith, cattle, horses, dogs or dangerous animals are not kept on that land or if kept thereon, are kept under proper control and supervision.

32. Interference with notices

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

33. Entry on to the authority’s land

No person shall without lawful authority enter upon any land belonging to or in the occupation of the Authority where there is prominently displayed on or near the land a notice prohibiting entry and such entry is likely to endanger any person or property.

34. Savings for local authorities, statutory undertakers etc.

Nothing in these Byelaws shall:-

a) conflict with or interfere with the operation of any Byelaw made by an internal drainage board, or other drainage authority other than a local authority, a navigation, harbour, pilotage or conservancy 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) an internal drainage board or other drainage authority;

ii) the British Gas Corporation;

iii) the Central Electricity Generating Board or any Area Board established under the Electricity Acts 1947 and 1957;

iv) any navigation, harbour, pilotage or conservancy authority;

v) the 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 user of any railway of the Board and the traffic thereon and the use by passengers of railway property;

vi) any local authority;

vii) any highway authority for the purpose of the Highways Act 1959 (as amended by any subsequent enactment) in relation to a highway whether or not maintained at public expense;

viii) the Post Office;

ix) the British Air Ports Authority;

x) the Civil Aviation Authority.

c) restrict, prevent, interfere with or prejudice either the erection by such local 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) affect any liability arising otherwise than under and by reason thereof.

35. Application to Crown

Nothing in these Byelaws shall operate to prevent the removal of any substances on, in or under or the erection of any structure, building or machinery or any cable, 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.

36. Determination of disputes

(1) Where by or under these Byelaws (except Byelaws 20, 26 and 27) any person is required by a notice in writing given by the Authority to do any work to the satisfaction of the Authority or to comply with any directions of the Authority, 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 person and the Authority the dispute shall, when the person upon whom such notice was served is a drainage authority or local authority be referred to the Minister whose decision shall be final and in any other case 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. Where such a counter-notice has been given to the Authority the operation of the notice shall be suspended until either agreement has been reached or the dispute has been determined by arbitration in accordance with the provisions of this Byelaw.

(2) Where by or under these Byelaws any person is required by a notice in writing given by the Authority to do any work to the satisfaction of the Authority or to comply with any directions of the Authority and any dispute subsequently arises as to whether such work has been executed or such directions have been complied with, such dispute if it arises between a drainage authority or local authority and the Authority shall be referred to the Minister whose decision shall be final, and in any case 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.

38. Revocation

All Byelaws made under the Act by the River Trent Catchment Board, the River Severn Catchment Board, the Severn River Authority and the Severn Trent Water Authority are hereby revoked.

39. Application of Interpretation Act 1889

The Interpretation Act, 1889, shall apply for the interpretation of these Byelaws as it applies for the interpretation of an Act of Parliament.

Penalty note

By section 66(6) of the Land Drainage Act and section 211(4) of the Water Resources Act 1991 any person who acts in contravention of or fails to comply with any of the foregoing Byelaws is 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 17 of the Criminal Justice Act 1991 (Five thousand pounds) and a further fine not exceeding forty pounds for every day on which the contravention or failure is continued after conviction. By section 66(7) of the Land Drainage Act 1991 and section 211(5) of the Water Resources Act 1991 if any person acts in contravention of or fails to comply with any of these Byelaws the Agency may without prejudice to any proceedings under section 66(6) of the Land Drainage Act 1991 or section 211(4) of the Water Resources Act 1991 take such action as may be necessary to remedy the effect of the contravention or failure and may recover the expenses reasonably incurred by it in doing so from the person in default.