See also:
II. PREVENTION AND CONTROL OF WATER POLLUTION
The drainage of lands in general, i.e. disposing of excess water on it, including the drainage and reclamation of swamps and marshes for land development purposes, is the target of separate legislation designed to facilitate the disposal of such waters, and to prevent or minimize their harmfulness to human life, health and property.
This Chapter will deal separately with the drainage of lands and, in view of their environmental and other implications, with the reclamation of swamps and marshlands.
Preventing and mitigating the damage to human life and property wrought by poor land drainage involves the construction of works designed to improve land drainage in general. In this connection, the legislation grants certain powers to government in relation to the construction and maintenance of works by, or with the financial participation of, concerned landowners. Relevant subsidiary legislation may lay down requirements for the exercise of such powers (I and V), the methodology of calculation of charges to be levied on land suffering from inadequate drainage, to finance the costs of improving land drainage (II and IV), and standard formats for the raising and collection of such charges (III).
I - UNITED KINGDOM - Land Drainage Act, 1991 Schedule 4 - Schemes for Small Drainage Works. 1. (1) Before making a scheme under section 18 of this Act, a local authority shall consult the NRA[57]. (2) Before making a scheme under section 18 of this Act, the NRA or a local authority shall give a notice under this paragraph:
(3) A notice under this paragraph is a notice in the prescribed manner of:
2. (1) Where any objections to a scheme are duly made and are not withdrawn:
(2) Before either of the Ministers confirms a scheme under this paragraph, he shall either:
3. (1) Where a scheme is made by the NRA or a local authority under section 18 of this Act, the NRA or, as the case may be, that authority shall send copies of the scheme to the owners and occupiers of land in the area to which it relates. (2) Where the NRA makes such a scheme it shall also notify the council of any county, district or London borough in which any of that land is situated. II - UNITED KINGDOM - Drainage Charges Regulations, 1990 3. (1) For the purposes of ascertaining, under subsection (1) of section 49 of the principal Act, the amount per hectare of a general drainage charge for any time after 31st March 1990, the quotient referred to in paragraph (b) of that subsection shall cease to be calculated under paragraph (a) of that subsection but shall instead be calculated in accordance with the following provisions of this regulation. (2) The said quotient shall be determined by the application of the following formula: where:
(3) For the purposes of this regulation, the relevant population of a district means the relevant population of each charging authority's area or (as the case may be) the part of that area which falls within the district, and for a financial year:
5. Arrears of any drainage charge raised in respect of any time after 31st March 1990 may be recovered by the Authority in the same manner in which arrears of a non-domestic rate may, under the 1988 Act, be recovered by a charging authority. III - UNITED KINGDOM - The Drainage Rates (Forms) Regulations, 1993 2. Form of drainage rate Every drainage rate made by an internal drainage board in respect of a period beginning after 31st March 1993 shall contain the particulars set out in Form 1 in the Schedule to these Regulations. 3. Form of demand for drainage rates Every demand for payment of a drainage rate shall be in Form 2 in the Schedule to these Regulations or in a form substantially to the like effect. Schedule - Form 1 - Particulars required to be set out in every drainage rate (1) The amount in the pound of the rate or, if a differential rating order is in force, the amount in the pound in each sub-district. (2) The period for which the rate is made (Note (i)). (3) If the rate is declared to be payable by instalments, the amount of each instalment and the date when it becomes due. (4) The date on which a resolution was passed by the internal drainage board authorising their seal to be affixed to the rate (Note (ii)). NOTES:
Form 2 - Form of demand for payment of a drainage rate - See Appendix VI, page 399. IV - CANADA - ALBERTA - Drainage Districts Regulations, 2001 1. Definitions In this Regulation, ...
5. Making assessments (1) For the purposes of assessments of land in a drainage district, the valuation standard of the land is the agricultural use value of the land, regardless of whether the land is being used for farming operations. (2) An assessment of land in a drainage district must
(3) An assessment must be based on the value of the land on January 1 of the assessment year in which the assessment is made. V - UNITED KINGDOM - Drainage (Northern Ireland) Order, 1973 11. Preparation of drainage schemes (1) If the Ministry is of opinion that the carrying out --
is expedient for the drainage of any land, the Ministry may prepare a scheme for the carrying out of those works, and for that purpose may make such surveys as shall appear to the Ministry to be necessary or expedient. (2) Every drainage scheme prepared by the Ministry shall contain such provisions as the Ministry may consider necessary for the protection of rights (including rights to water cattle or other animals) or interests affected by the scheme, and shall show, either in the body of the scheme or by means of appropriate maps, drawings, plans, sections and schedules annexed thereto, the following matters -
(3) Without prejudice to Article 37, the officers, agents and servants of the Ministry may, at all reasonable times, on production (if so required) of their authority, enter on any land and do there all such things as may appear to them to be reasonably necessary or expedient for the purposes of the preparation of a drainage scheme. (4) Every reference in this Order to a drainage scheme shall be construed as including every map, drawing, plan, section and schedule annexed to such drainage scheme. 12. Restrictions on drainage schemes The Department shall not confirm a drainage scheme unless -
13. Confirmation of drainage schemes (1) Where:
it may, within 28 days of the expiration of the time limit referred to in Article 12A(3)(d) and, after considering any representations sent to it under Article 12A(4)(b) and after holding such enquiry, if any, as it considers necessary, by order confirm the scheme in whole or in part, either without modification or with such modifications as the Department thinks fit. (2) Subject to paragraph (3), where the Department has prepared an environmental statement in relation to the works specified in a drainage scheme it may, after the expiration of 28 days from the expiration of the period of notice referred to in Article 12C(8)(a), and after holding such an enquiry, if any, as it considers necessary, by order confirm the scheme in whole or in part, either without modifications or with such modifications as the Department thinks fit. (3) Where the Department has prepared an environmental statement in relation to the works specified in the drainage scheme it shall not, under paragraph (2) confirm the scheme unless it has first taken into consideration -
(4) Where having taken into consideration the matters specified in paragraph (3)(a) to (h), the Department decides to confirm a scheme in accordance with paragraph (2) it shall:
(5) In this Article, modification includes a variation, addition or exception. |
Swamps and marshlands, and, generally, naturally occurring collections of stagnant water can be the source of nuisances primarily as breeding grounds of water-borne vectors of diseases - malaria-bearing mosquitoes being the classic example. On the other hand, such "harmful" view of these particular collections of water is contrasted by the wildlife-supporting function of wetlands, which is beneficial to the environment in general and to man. Reclaiming and draining swamps and marshlands may bring benefits in terms of increased availability of land and water resources for development, and abatement of the nuisances above-mentioned. On the other hand, it may be in conflict with a wetland's wildlife habitat function. In response to the potentially controversial nature of swamp and marshland drainage and reclamation projects, these tend to attract regulatory legislation for the vetting of the project, independent of a water use permit. If use of post-reclamation water is contemplated, separate water use permit requirements may have to be met.
Projects for the drainage and reclamation of swamps and marshes may attract specific permit requirements (IV), or permit requirements of general applicability to a spectrum of water utilizations and water development projects. Specific permit requirements focus on information to be provided concerning the proposed project (I and II), and on technical specifications of design and construction to be met, protection of water rights in the swamp to be drained, the effect of drainage on boundaries between landholdings demarcated by streams which have either been dried up or which have changed their course, and on separate permit requirements for the use of water developed as a result of a swamp reclamation project (III).
I - PHILIPPINES - Water Rules and Regulations 4. All applications shall be filed in the prescribed form, sworn to by the applicant and supported by the following: E. For a Permit for Drainage Purposes:
II - KENYA - Water (General) Rules 47. If a permit is required involving reclamation and drainage, there shall be submitted, when so required by the Water Apportionment board, in addition to the general map required by rule 51 of these Rules:
51. Every application for a permit to drain or reclaim a swamp shall be in form No. W.A.B.5 in the Second Schedule to these Rules, and shall be accompanied by a general map, drawn in indian ink or by means of other indelible process acceptable to the Water Apportionment Board on tracing cloth or other substantial material to such a scale as will allow all requisite details to be legibly recorded, signed and dated by the applicant, showing the boundaries of the swamp, the position of the body of water it is proposed to drain and the position of any dams, weirs, canals, channels, watercourses, bodies of water, flumes, wells, surface drains, subsoil drains or other works and lands, if any, which may be affected, the names of the land-holders and the land registration numbers and boundaries of the farms affected by the proposed works. Form W.A.B. 5 - Application for a Water Permit for the Drainage and Reclamation of a Swamp - See Appendix VI, page 400. III - KENYA - Water (General) Rules 52. (1) Whenever any proposal for the drainage and reclamation of a swamp involves the subsequent use by the applicant of all or any of the water conserved by the drainage or reclamation of such swamp, the applicant shall submit an application for a permit for the diversion, abstraction, storage or use of such water, and shall show, if possible, by gauging the flow of the stream at suitable points the expected conservation of water due to such drainage or reclamation. (2) All gaugings for this purpose shall, where conveniently possible, be made by means of a gauging weir or current meter. 53. Whenever a canal is used for the purpose of passing any water around or through a swamp, the bed of such canal shall be graded to the satisfaction of the Water Apportionment Board, and the side slopes thereof shall be constructed so that no sloughing of the banks occurs. 54. (1) No works involving the drainage of a swamp shall deprive of reasonable access to water any landholder with a licence, sanction or permit relating to such body of water except by agreement or on payment of compensation, or on supplying water from other sources or by other means, and the applicant concerned shall submit to the Water Apportionment Board all plans and documents showing his proposals to provide such landholder with access to water, and any agreements to this effect, and he shall, if his proposals include any works for supplying such landholder with water, submit an application for a permit. (2) Any question as to whether such access, compensation or supply is reasonable shall be decided by the Water Apportionment Board. 55. (1) If, owing to any works being constructed for the drainage or reclamation of a swamp, a body of water which constitutes the boundary of two or more properties ceases to flow between or to separate such properties or is diverted into a new course, the boundaries of such properties shall, unless readjusted by mutual agreement between the parties concerned, remain as before. (2) When such body of water is diverted into a new course the Water Apportionment Board may, under section 31 of the Act, declare the new course to be a watercourse, and may require the original course to be retained as a flood channel. IV - UGANDA - The National Environment (Wetlands, River Banks And Lake Shores Management) Regulations, 2000 11. Uses of wetlands (1) A person desiring to carry out any of the regulated activities listed in the Second Schedule or extract any wetland produce in a wetland shall make an application in Form A set out in the First Schedule to these Regulations. 12. Wetland resource use permit (1) Subject to the provisions of these Regulations, a person shall not carry out any activity in a wetland without a permit issued by the Executive Director. (2) Any person intending to carry out an activity listed in the Second Schedule to these Regulations shall apply to the Executive Director for a permit in Form A of the First Schedule. (3) The application in sub-regulation (2) shall be accompanied by the fee specified in the Fourth Schedule. (4) The Executive Director may issue a permit in Form B specified in the First Schedule permitting the use of wetland resources. 13. Rejection of permit (1) Where the Executive Director rejects an application made under sub-regulation (2) of regulation 13, the Executive Director shall -
14. Revocation of permit The Executive Director may, at any time, after consultation with the lead agency, revoke a permit granted under these Regulations if he or she is satisfied that the conditions of the grant of the permit have not been complied with or that the continued use of the wetland is likely to be injurious to the community and the environment. 15. Temporary permits The lead agency may, after consultation with the Executive Director, grant temporary permits for the use of a wetland where-
16. Implied covenants It is implied in any permit issued under these Regulations that the holder of any permit shall --
Second schedule - Regulated activities in a wetland (Regulation 11 & 12) ... 4. Drainage ... First schedule - Form A - Application for a permit to carry out a regulated activity in a wetland, riverbank and lake shore - See Appendix VI, page 403. Form B - Permit to carry out a regulated activity in a wetland/riverbank/lake shore) - See Appendix VI, page 404. |
[57] National Rivers
Authority. [58] I.e. the Local Government Finance Act, 1988. |