Act of Parliament | |
Long title | An Act to amend and consolidate the enactments relating to the drainage of land, and for purposes in connection with such amendment. |
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Citation | 20 & 21 Geo. 5. c. 44 |
Dates | |
Royal assent | 1 August 1930 |
Other legislation | |
Repeals/revokes | Continuance of Statute of Sewers Act 1549, Glamorganshire Sea Sands Act 1554, Commission of Sewers Act 1571, Thames Commission of Sewers Act 1605, Commissions of Sewers Act 1708 |
Repealed by | Land Drainage Act 1976 |
Status: Repealed |
The Land Drainage Act 1930 (20 & 21 Geo. 5. c. 44) was an act of Parliament passed by the United Kingdom Government which provided a new set of administrative structures to ensure that drainage of low-lying land could be managed effectively. It followed the proposals of a royal commission which sat during 1927.
The Act sought to set up catchment boards with overall responsibility for each of the main rivers of England and Wales, and to alter the basis on which drainage rates could be collected, removing the 400-year-old precept that only those who directly benefitted from drainage works could be expected to pay for them.
Prior to the 1930s, land drainage in the United Kingdom was regulated by the Statute of Sewers (23 Hen. 8. c. 5), passed by King Henry VIII in 1531, and several further acts which built upon that foundation. However, there was some dissatisfaction with these powers, as although there were administrative bodies with powers to manage the drainage of low-lying areas, they did not have sufficient resources to do this effectively. Existing drainage boards and those who lived and worked in the areas they covered made complaints to the Ministry of Agriculture and Fisheries during the 1920s, and the government decided that a thorough review of the situation should be carried out. [1]
Accordingly, a royal commission was set up, with Lord Bledisloe acting as its chairman. It was convened on 26 March 1927, and produced a final report later that year, on 5 December. [2] The report described the existing laws as "vague and ill-defined, full of anomalies, obscure, lacking in uniformity, and even chaotic." It recommended that any replacement should have powers to carry out the work necessary for efficient drainage, together with the provision of financial resources to enable them to carry out their duties. [3] At the time there were 361 drainage authorities covering England and Wales, and the proposed solution of having catchment boards responsible for each main river, with powers over the individual drainage boards, was essentially the same as had been proposed in 1877 by a select committee of the House of Lords. [4] The report formed the basis for the subsequent bill. [5]
The bill became an act of Parliament on 1 August 1930, and came into force immediately. Its full title was "An act to amend and consolidate the enactments relating to the drainage of land, and for purposes in connection with such amendment." [6] One unusual aspect of the act was that it repealed most of the legislation that had preceded it. In total, 16 acts dating from 1531 to 1929 were repealed, and three others were amended. [7]
There were two fundamental ideas built into the legislation. One was that there should be an overall authority, responsible for the main rivers in each of the catchment areas, who would work closely with drainage authorities, who would be responsible for the internal drainage of smaller areas within a catchment. The other was that the funding for the drainage work should be levied over a much wider area than had previously been the case. [2] Since the Statute of Sewers of 1531, it had only been possible to collect drainage rates from people whose land benefitted directly from the drainage works, or whose land was saved from damage by them. The new Act swept this provision aside. [8] The new catchment boards could now levy rates on the county councils and county borough councils throughout the entire catchment, [9] not just on the low-lying parts of it, and could also levy rates on the internal drainage boards within their area. However, the 1930s were a time of economic uncertainty, and it was not always possible to levy rates at a level which would pay for drainage improvements. Thus the Somerset Catchment Board were able to improve regular maintenance of the main rivers in the Somerset Levels, but would have needed to raise between £5 and £6 per acre to fund improvements. In a time of agricultural depression and falling prices, such rates were unrealistic. [10] Internal drainage boards raised their funding by a levy on the landowners and occupiers of those who lived within their district. [11]
As originally conceived, local drainage boards were defined as internal drainage boards if they were situated in an area covered by a catchment board, and external drainage boards if there was no overall catchment board for their area. [9] The distinction only lasted until the passing of the River Boards Act 1948, which transferred the land drainage, fisheries and river pollution functions of the catchment boards to river boards. Thirty-two river board areas were defined covering the whole of England and Wales, and a river board was constituted for each one. Consequently, all external drainage boards were within a river board area, and they became internal drainage boards. [11] The 1948 Act was repealed by the Water Resources Act 1963, and the river boards were replaced by twenty-seven river authorities on 1 April 1965. [12]
The Royal Commission had identified one hundred catchment areas, based on the main rivers of England and Wales. [5] When the Act was published, it contained only 47 catchment areas, listed in part 1 of the first schedule. [13]
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A catchment board was set up for all but one of these areas by November 1931, with responsibility for the drainage of 67 per cent of England and Wales. [5] Section 84 of the act specifically excluded any jurisdiction over Scotland or Northern Ireland, [14] while section 65 limited the application of the act to any drainage board which was within the Doncaster Drainage District. This was because the First Report of the Royal Commission on Mining Subsidence (1926) had identified the problems of the Doncaster area as being particularly severe, and as a result, a second commission had looked specifically at that area. It reported in 1928, and the Doncaster Area Drainage Act 1929 (19 & 20 Geo.5, c.17) was passed, creating the Doncaster Central Board. Section 65 sought to ensure that the role of the new Catchment Board would not conflict with the role of the Central Board. [15]
Some reorganisation of the catchment boards occurred while the Act was in force. On 30 November 1936, the Kent Rivers Catchment Area and Catchment Board were formed, by combining the catchment boards for the River Medway, the Romney and Denge Marsh Main Drains, the River Stour (Kent) and the North Kent Rivers. The first three were listed in the Act, but the North Kent Rivers catchment area was not, and so was presumably set up afterwards. [16]
The River Thaw Catchment Board, as mentioned in the Act, was set up in September 1931, and took over the river functions of the River Thaw Drainage Board. The Mid Glamorgan Rivers Catchment Board was created in late 1932, and in early 1933, took over the powers and responsibilities of the River Thaw Catchment Board, which was then dissolved. Rivers in the catchment were the Thaw and Kenson, the Ogmore and Ewenny, the Cadoxton (with Sully), the Avon and the Neath. Two new Internal Drainage Boards were set up, the Cadoxton IDB and the Baglan and Aberavon Moors IDB, but while these were administered by the Catchment Board, the River Thaw Drainage Board was administered by Glamorgan County Council. [17]
The River Ancholme is a river in Lincolnshire, England, and a tributary of the Humber. It rises at Ancholme Head, a spring just north of the village of Ingham and immediately west of the Roman Road, Ermine Street. It flows east and then north to Bishopbridge west of Market Rasen, where it is joined by the Rase. North of there it flows through the market town of Brigg before draining into the Humber at South Ferriby. It drains a large part of northern Lincolnshire between the Trent and the North Sea.
The River Rother flows for 35 miles (56 km) through the English counties of East Sussex and Kent. Its source is near Rotherfield in East Sussex, and its mouth is on Rye Bay, part of the English Channel. Prior to 1287, its mouth was further to the east at New Romney, but it changed its course after a great storm blocked its exit to the sea. It was known as the Limen until the sixteenth century. For the final 14 miles (23 km), the river bed is below the high tide level, and Scots Float Sluice is used to control levels. It prevents salt water entering the river system at high tides, and retains water in the river during the summer months to ensure the health of the surrounding marsh habitat. Below the sluice, the river is tidal for 3.7 miles (6.0 km).
The Lee Navigation is a canalised river incorporating the River Lea. It flows from Hertford Castle Weir to the River Thames at Bow Creek; its first lock is Hertford Lock and its last Bow Locks.
The Thames Conservancy was a body responsible for the management of that river in England. It was founded in 1857 to replace the jurisdiction of the City of London up to Staines. Nine years later it took on the whole river from Cricklade in Wiltshire to the sea at Yantlet Creek on the Isle of Grain. Its territory was reduced when the Tideway was transferred to the Port of London Authority in 1909.
The Water Act 1973 is an act of the Parliament of the United Kingdom that reorganised the water, sewage and river management industry in England and Wales. Water supply and sewage disposal were removed from local authority control, and ten larger regional water authorities were set up, under state control based on the areas of super-sets of river authorities which were also subsumed into the new authorities. Each regional water authority consisted of members appointed by the Secretary of State for the Environment, and by the various local authorities in its area.
River boards were authorities who controlled land drainage, fisheries and river pollution and had other functions relating to rivers, streams and inland waters in England and Wales between 1950 and 1965.
River authorities controlled land drainage, fisheries and river pollution in rivers, streams and inland waters in England and Wales between 1965 and 1973.
An internal drainage board (IDB) is a type of operating authority which is established in areas of special drainage need in England and Wales with permissive powers to undertake work to secure clean water drainage and water level management within drainage districts. The area of an IDB is not determined by county or metropolitan council boundaries, but by water catchment areas within a given region. IDBs are geographically concentrated in the Broads, Fens in East Anglia and Lincolnshire, Somerset Levels and Yorkshire.
A regional water authority, commonly known as a water board, was one of a group of public bodies that came into existence in England and Wales in April 1974, as a result of the Water Act 1973 coming into force. This brought together in ten regional units a diverse range of bodies involved in water treatment and supply, sewage disposal, land drainage, river pollution and fisheries. They lasted until 1989, when the water industry was privatised and the water supply and sewerage and sewage disposal parts became companies and the regulatory arm formed the National Rivers Authority. Regional water authorities were also part of the Scottish water industry when three bodies covering the North, West and East of Scotland were created in 1996, to take over responsibilities for water supply and sewage treatment from the regional councils, but they only lasted until 2002, when they were replaced by the publicly owned Scottish Water.
The Commissions of Sewers Act 1708, sometimes called the Commissioners of Sewers Act 1708, was an Act of the Parliament of Great Britain. It concerned the duties of boards of commissioners with responsibility for the maintenance of sea banks and other defences, which protected low-lying areas from inundation by the sea, and the removal of obstructions in streams and rivers caused by mills, weirs and gates. The word sewer had a much broader meaning than in modern usage, and referred generally to streams and watercourses.
Rates are a tax on property in the United Kingdom used to fund local government. Business rates are collected throughout the United Kingdom. Domestic rates are collected in Northern Ireland and were collected in England and Wales before 1990 and in Scotland before 1989.
The Land Drainage Act 1961 was an Act of Parliament passed by the United Kingdom Government which provided mechanisms for river boards to raise additional finance to fund their obligations. It built upon the provisions of the Land Drainage Act 1930 and the River Boards Act 1948.
Holderness Drain is the main feature of a Land Drainage scheme for the area of Holderness to the east of the River Hull in the East Riding of Yorkshire, England. Construction began in 1764, and several notable civil engineers were involved with the scheme over the years. Despite the high costs of the initial scheme, it was not particularly successful, because of the refusal of the ship owners of Hull to allow an outlet at Marfleet. They insisted that the water be discharged into the River Hull to keep the channel free of silt. Following a period of agricultural depression and the building of new docks in the early 1800s, an outlet at Marfleet was finally authorised in 1832. A high level system still fed upland water to the Hull, but the low level system discharged into the Humber, where levels were considerably lower. Following the success of steam pumping on the Beverley and Barmston Drain, the trustees looked at such a possibility for the Holderness Drain, but the development of the Alexandra Dock in the 1880s and then the King George V Dock in 1913 provided a solution, as the docks were topped up with water pumped from the drain, to lessen the ingress of silt-laden water.
The Water Resources Act 1963 is an act of the Parliament of the United Kingdom that continued the process of creating an integrated management structure for water, which had begun with the passing of the Land Drainage Act 1930. It created river authorities and a Water Resources Board. River authorities were responsible for conservation, re-distribution and augmentation of water resources in their area, for ensuring that water resources were used properly in their area, or were transferred to the area of another river authority. The river authorities covered the areas of one or more of the river boards created under the River Boards Act 1948, and inherited their duties and responsibilities, including those concerned with fisheries, the prevention of pollution, and the gauging of rivers. It did not integrate the provision of public water supply into the overall management of water resources, but it introduced a system of charges and licenses for water abstraction, which enabled the river authorities to allocate water to potential users. This included the water supply agencies, who now needed their supplies to be licensed.
The Water Act 1989 is an act of the Parliament of the United Kingdom that reorganised the bodies responsible for all aspects of water within England and Wales. Whereas previous legislation, particularly the Water Act 1973, had focused on providing a single unifying body with responsibility for all water-related functions within a river basin or series of river basins, this legislation divided those functions up again, with water supply, sewerage and sewage disposal being controlled by private companies, and the river management, land drainage and pollution functions becoming the responsibility of the National Rivers Authority.
The Beverley and Barmston Drain is the main feature of a land drainage scheme authorised in 1798 to the west of the River Hull in the East Riding of Yorkshire, England. The area consisted of salt marshes to the south and carrs to the north, fed with water from the higher wolds which lay to the north, and from inundation by tidal water passing up the river from the Humber. Some attempts to reduce the flooding by building embankments had been made by the fourteenth century, and windpumps appeared in the seventeenth century. The Holderness Drainage scheme, which protected the area to the east of the river, was completed in 1772, and attention was then given to resolving flooding of the carrs.
The River Boards Act 1948 was an Act of Parliament passed by the United Kingdom Government which provided constitutional, financial and general administrative structures for river boards, which were responsible for the management of river board areas, and superseded the catchment boards that had been set up under the Land Drainage Act 1930.
The Upper Witham IDB is an English Internal Drainage Board responsible for land drainage and the management of flood risk for an area to the west of the Lincolnshire city of Lincoln, broadly following the valleys of the upper River Witham, the River Till and the course of the Fossdyke Navigation.
The Rivers of the County of Essex, England have been managed and controlled by a number of statutory bodies since 1931. These have variously aimed to ensure the effective drainage of water courses; ascertain accurate flowrates; manage, measure and control pollution; regulate the abstraction and impounding of water; manage the treatment and supply of water; and manage sewage treatment and disposal.
Romney Marshes Area internal drainage board is the successor to a long line on organisations who have managed land drainage and flood defence on Romney Marsh in the counties of Kent and East Sussex in the south-east of England.