000 01660cab a2200229 4500
001 Z3173
008 090401t1993 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u51426
041 _aeng
245 _aSouthern Water Authority v Nature Conservancy Council
260 _c1993
350 _a0
490 _aProperty and Compensation Reports
_v(1993) 65 PCR 55-64(6)
520 _aHL 16 July 1992. In 1982 the Nature Conservancy Council notified an area of land as a site of special scientific interest under Wildlife and Countryside Act 1981 s28. The site included a ditch and notification was given to the two farmers owning land either side of the ditch and the water authority who owned land elsewhere on the site. In 1987 the farmers asked the authority to dredge the ditch to mitigate flooding. No agreement was reached with the NCC and no written notice was given to them. In 1989 the authority, acting under Land Drainage Act 1976 s17, drained the ditch. This caused damage to the natural features which the SSSI was designed to protect. The NCC laid eight informations against the authority under s28(7) of the Act. The authority said they had no cause to answer as they were not the owners of the ditch. It was held that they were responsible as they were occupiers of the ditch during the weeks when the work was carried out. On appeal the conviction was quashed. NCC
650 _aLAND DRAINAGE ACT 1976 S17
650 _aSITES OF SPECIAL SCIENTIFIC INTEREST
650 _aSITES OF SPECIAL SCIENTIFIC INTEREST
650 _aWILDLIFE AND COUNTRYSIDE ACT 1981 S28
690 _aCONSERVATION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c31938
_d31938