Local Authorities (Works) Act, 1949

Execution of works by local authority.

2.—(1) This section applies to the following local authorities:

(a) the corporation of a county or other borough,

(b) the council of a county or an urban district.

(2) Where a local authority to whom this section applies are of opinion that—

(a) any land owned by them, or

(b) any permanent construction which was constructed by them or which they are required by law to maintain,

has sustained or is likely to sustain damage from flooding, landslide, subsidence or other similar occurrence, the local authority may execute such works as they consider reasonable for the purpose of affording relief or protection from the damage.

(3) Where a local authority to whom this section applies are of opinion that—

(a) any land in their functional area, not being land owned by them, or

(b) any permanent construction in their functional area not being a permanent construction which was constructed by them or which they are required by law to maintain,

has sustained or is likely to sustain damage from flooding, landslide, subsidence or other similar occurrence and that it is in the public interest to afford relief or protection from the damage, the local authority may execute such works as they consider reasonable for the purpose of affording such relief or protection.

(4) The works referred to in subsections (2) and (3) of this section shall include, in particular—

(a) the making of drains,

(b) the removal of substances or things causing obstructions in watercourses,

(c) the widening or deepening of watercourses,

(d) the making or repairing of walls or embankments,

(e) the diversion of water into watercourses.

(5) Where any substance or thing is removed under this section from a watercourse, it may be deposited on land adjacent to the watercourse or the local authority may remove it, use it or dispose of it otherwise as they think fit.