Statutory guidance

Thames region flood defence and land drainage byelaws

Published 28 September 2022

The former Thames Water Authority established these byelaws in 1981. 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 They have not been legally repealed but, due to other legislation, are not used any more.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: Thames region

These byelaws cover Greater London and the Thames valley and surrounding areas, including Swindon, Banbury, Aylesbury, Bishops Stortford, Crawley, and Basingstoke.

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

Flood defence and land drainage byelaws

The Thames Water Authority Land Drainage Byelaws 1981 are the Land Drainage Byelaws in force in the Thames Region of the Environment Agency. They were made by the Thames Water Authority under Section 34 of the Land Drainage Act 1976, confirmed by the Minister of Agriculture, Fisheries and Food on 15th August 1983, and came into operation on 15th September 1983. They are now enforced by the Environment Agency by virtue of the Water Resources Act 1991 and the Environment Act 1995 and all references in these Byelaws to the “Thames Water Authority” or “National Rivers Authority” should now be construed as references to the Environment Agency whose principal Regional Office is at Kings Meadow House, Kings Meadow Road, Reading RG1 8DQ. Square brackets indicate amendments made under the NRA Thames Region Flood Defence Byelaws 1991.

1. Citation and commencement

These Byelaws may be cited as the Thames Water Authority Land Drainage Byelaws 1981 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

These Byelaws shall have effect within the [area of the Thames Regional Flood Defence Committee of the National Rivers Authority] 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 1976;

“Area” means the area of the Authority for the purposes of their functions relating to land drainage;

“Authority” means the Thames Water Authority;

“Area liable to flood” means the area shown coloured blue on the maps prepared in quadruplicate signed by the Chairman of the Authority and marked “Thames Water Authority Land Drainage Byelaws 1981 Area Liable to Flood” of which one set is deposited and available for inspection at the offices of the Minister of Agriculture, Fisheries and Food, another set at the Head Office of the Authority and the remaining sets at the offices of the Authority situate at Reading in the County of Berkshire and at Waltham Cross in the County of Hertfordshire; (Note: the maps are now located only at the Reading office)

“Bank” means any bank, wall or embankment adjoining or confining, or constructed for the purpose of or in connection with, any watercourse forming part of the river as hereinafter defined and, in the case of such a watercourse 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 forming part of the said river, includes all land between the bank of the river and the water in the watercourse from time to time;

“Drainage works” include works for defence against water (including sea water), irrigation, other than spray irrigation, and warping;

“Flood protection works” means any works constructed or maintained by the Authority for the purpose of mitigating flooding;

“Land” includes water and any interests in land or water and any easement or right in, to, or over land or water;

“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;

“Person” includes a body corporate;

“Railway” means a railway constructed under the powers of any Act of Parliament and intended for the conveyance of passengers or goods;

“River” means the main river as defined for the time being by the Minister on the main river map of the Authority’s area and includes the banks thereof and any structure or appliance for controlling or regulating the flow of water into, in or out of the channel and situate therein, or in any part of the banks thereof (other than any such structure or appliance which is vested in or controlled by an internal drainage board);

“River control work” means any sluice, flood gate, lasher, valve, paddle, penstock, lock, weir, dam, pump, pumping machinery, pipe or any other structure or appliance for controlling, measuring or regulating the level of the water, or the flow of water in, into or out of, the river or for drawing water from, or delivering water into, the river;

“Sea wall” includes any such bank, wall or embankment in connection with any tidal river as is a work in connection with the river [including the walls of any dock which is liable to flooding];

“Vessel” includes any ship, hovercraft (as defined by the Hovercraft Act 1968), aircraft, hydrofoil, lighter, keel, barge, tug, launch, houseboat, pleasure boat, 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, 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;

and other words and expressions shall have the same respective meanings as in the Act.

7. Endangering stability of the bank

No person shall do, or cause or permit to be done, anything in or upon any land adjoining any bank or any drainage works or flood protection works, of such a nature as to cause damage likely to endanger the stability of the bank, drainage works or flood protection works.

8. Interference with banks etc.

No person shall interfere with, remove or in any way damage, any bank, bridge, building, drainage works, flood protection works, river control work, sea wall, or any structure or appliance, or any other thing whatsoever which is the property of or vested in the Authority.

9. Deposit of material on banks

No person shall use, or cause or permit to be used, any bank, drainage works or flood protection works for the purpose of depositing, stacking, storing or keeping any rubbish, goods, vehicles, plant, machinery or any material or things thereon in such manner as by reason of the weight, volume or nature thereof to cause damage to or endanger the stability of the bank, drainage works or flood protection works or interfere with the deposit of spoil on the bank, drainage works or flood protection works by the Authority.

10. Vehicles on banks

No person shall use or drive, or permit or cause to be used or driven, any cart or vehicle, plant or machinery of any kind whatsoever on, over or along any bank, drainage works or flood protection works in such manner as to cause damage to such bank, drainage works or flood protection works.

11. Damage by use for fishing, grazing etc.

No person shall, after notice has been served upon him by the Authority, use or cause or permit to be used any bank, drainage works or flood protection works -

(a) for the purpose of fishing;

(b) for the purpose of grazing or keeping any animal thereon; unless he shall have taken such steps as are necessary and reasonably practicable to prevent the bank, drainage works or 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 bank, drainage works or 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.

12. Destruction of vermin

The occupier of any bank, drainage works or flood protection works or of 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 the Authority consider necessary and practicable for preventing the bank, drainage works or flood protection works from becoming infested by rabbits, rats, coypus, moles, mink and any other vermin in or on the bank, drainage works or flood protection works;

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, drainage works or flood protection works.

13. Obstructions to flow

No person shall put, or cause or permit to be put, or wilfully or negligently cause or permit to fall, into the river any tree or trunk or branch or part of a tree or any timber or wreck, debris, willows, shrubs, weeds, grasses, stones, earth, mud, ashes, dirt, soil, rubbish, or any object or matter of any kind whatsoever so as to impede the flow of water in, into or out of the river.

14. Planting of trees, etc.

No person shall, without the previous consent of the Authority, plant any tree, shrub, willow or other similar growth within 8 metres of any part of the bank.

15. Repairs to buildings

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

(a) the building or structure is causing or is in imminent danger of causing an obstruction to the flow of the river; or

(b) the building or structure is causing or is in imminent danger of causing damage to the bank of the river; carry out such reasonably 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.

In this Byelaw, ‘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 the person who would so receive the same if those premises were let at a rack rent.

17. River control works

(i) Any person having charge of any river control work shall -

(a) maintain it in a proper state of repair and efficiency to the satisfaction of the Authority;

(b) use it in such manner as not to affect the efficient working of the drainage system of the area; and

(c) comply with such reasonable directions as may from time to time be given by the Authority with a view to the prevention of flooding or any shortage in the flow or supply of water or otherwise to the efficient working of the drainage system of the area.

(ii) Unless it is otherwise shown, the occupier of land comprising or abutting on that part of the river in which the river control work is situate, or where there is more than one such occupier, each of such occupiers, shall, for the purposes of these Byelaws, be deemed to have charge of the river control work.

20. Navigation of vessels

No person shall navigate any vessel in the river in such a manner or at such a speed so as to injure any bank, drainage works, flood protection works or river control work and where the Authority has, 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 its powers under this Byelaw to limit the speed of vessels in any tidal waters except after consultation with the Secretary of State, Department of Trade.

21. Vessels not to obstruct flow etc.

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

22. Mooring of vessels to bank

No person shall moor or place any vessel to or upon any part of the bank in such manner or by such method as to cause or be likely to cause injury to the bank.

23. Sunken vessels

No person who is the owner of a vessel sunk, stranded, damaged or adrift in the river shall, after the receipt of notice from the Authority that the vessel is causing obstruction, permit the vessel to remain in the river in such a manner as to impede or harmfully divert the flow of water into, in or out of the river or to endanger the stability of any bank, drainage works or flood protection works.

In this byelaw, ‘owner’ means the owner of the vessel at the time of the sinking, stranding, damage or coming adrift thereof.

24. Flood warning systems

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

25. Trespass

No unauthorised person shall enter upon any land belonging to or in the occupation of the Authority if such entry is likely to endanger any person or property and there is displayed on or near the land a notice prohibiting entry.

26. Interference with notices

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

27. Obstruction of officers

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

32. Service of notices

Notices required or authorised to be given to or served on any person under these Byelaws may be given or served in the manner in which notices may be served under Section 108 of the Act. For the purpose of these Byelaws the word ‘premises’ referred to in Section 108 of the Act shall include a vessel.

33. 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 a navigation, harbour 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) the British Airports Authority;

(ii) the British Gas Corporation;

(iii) the British Railways Board and the London Transport Executive under the Transport (London) Act 1969 with respect to the construction, use or maintenance of any railway bridge or any other work connected with their railways or so as to interfere with the traffic thereon;

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

(v) the Civil Aviation Authority;

(vi) any local authority;

(vii) any navigation, harbour, pilotage or conservancy authority;

(viii) the Post Office;

(ix) any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act;

(x) the Lee Valley Regional Park Authority;

(c) affect any liability arising otherwise than under and by reason thereof.

34. Saving for the Crown

Nothing in these Byelaws shall operate to prevent the removal of any substance 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.

35. Determination of disputes

(i) Where by or under these Byelaws (except Byelaws 15, 17, and 23) any person is required by a notice given by the Authority to do any work 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 either to the reasonableness of, or to the necessity for, such requirement or directions and in default of agreement between such person and the Authority the dispute shall be determined as hereinafter provided. 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 in this Byelaw.

(ii) Any dispute as to the satisfactory execution of any work which is required by a notice given by the Authority under these Byelaws to be done, or as to compliance with any directions which the Authority is empowered by these Byelaws to give, shall be determined as hereinafter provided.

(iii) Such a dispute between a drainage authority or a local authority and the Authority shall be referred to the Minister whose decision shall be final. 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.

36. Revocation of existing byelaws

All Byelaws made under the Act, or under corresponding provisions of any enactment repealed by the Act, by the Essex River Board, the Lee Conservancy Catchment Board and the Conservators of the River Thames, are hereby revoked in respect of the area of the Authority for the purposes of their functions relating to land drainage.

Note

If any person acts in contravention of, or fails to comply with, any of these Byelaws he shall be liable on summary conviction to a fine not exceeding £5000 and, if the contravention or failure is continued after conviction, to a further fine not exceeding £40 for every day on which the contravention or failure is so continued. In addition the Authority may, without prejudice to the above, take such action as may be necessary to remedy the effect of the contravention or failure, and may recover the expenses reasonably incurred by them in doing so from the person in default. (Water Resources Act 1991, Section 211(4) and (5).)