Matters to be taken into account with respect to public works
21 Matters to be taken into account with respect to public works
If the Crown, an Authority or a public statutory body is the owner or has the management and control of any works which interfere, or may interfere, with the reasonable flow of water, in determining whether those works should be continued, removed or modified, account must be taken of all the circumstances including the following matters—
the circumstances, state of scientific knowledge and knowledge of local conditions at the time the works were constructed;
the nature and position of the works;
the likely effects and costs of continuing, removing or modifying the works;
the nature of any interest in land affected by the works and the effect on that interest of continuing, removing or modifying the works.
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