Waterways Conservation Regulations 1981

Subject to and without affecting any other provision of the Act or these regulations a licence to construct a retaining wall at a bank of any waters shall be in the form of Form 4 and authorises the construction, in accordance with the plans and specifications referred to therein, of a retaining wall.

The Minister may, by notice in writing, require a person having the control of a retaining wall at a bank of any waters to carry out such maintenance on that wall as the Minister considers appropriate to prevent or minimize pollution, and may, if the maintenance is not carried out to its satisfaction within 30 days from the service of such notice, serve on and enforce against that person an order under section 50 of the Act requiring that person to carry out such maintenance.

Without limiting the liability under this regulation of any other person, the owner for the time being of the land to which the retaining wall appertains is, for the purposes of this regulation, deemed to be a person having the control of a retaining wall.