Section 8. Limitation of powers as to works. Powers of board as to flood works of a temporary character. Penalty for breach of regulations, &c., as to temporary works. Power to commissioners of sewers of city of London, vestry, or district board to execute flood works. Power to owner or owners liable to execute flood works. 8. Nothing in this Act contained shall authorise the board, notwithstanding the general definition of the term bank and flood works, to direct the execution of any works other than such as are necessary for the protection of lands within the limits of this Act from floods and inundations caused by the overflow of the river Thames, and the board shall have no authority under this Act to prescribe or order any works for any other purpose, or any works for the embankment of the river Thames or any part thereof, in the nature of the various embankments heretofore executed by the board under the authority of any special Act of parliament. 9. Where in the opinion of the board the erection of a dam of a fixed or permanent character on any premises would materially interfere with the transaction of the business carried on upon the river side of such premises, the board may, instead of ordering such works of a fixed or permanent character, by order authorise and require the erection of a temporary or moveable dam, subject to such regulations, restrictions, and conditions with respect to the fixing, removing, and maintenance of the same as the board may from time to time think necessary; and the board may by any such regulations, restrictions, and conditions authorise the temporary removal of any such dam during such times as they may think proper, and may prohibit the removal or alteration of the same, except during such times and in such manner as to them may seem necessary or proper. 10. Where the board have ordered the erection of any dam of a temporary or moveable character subject to any regulations, restrictions, or conditions, any person making default in the due observance or committing a breach of any of the same shall be liable to a penalty not less than twenty pounds and not exceeding fifty pounds and in case of a continuing offence to a further penalty not less than twenty pounds and not exceeding fifty pounds for each day after the first during which such default or breach continues; but, save as aforesaid, such person shall not be liable to any penalty or damages or to pay any compensation by reason or in respect of any such default or breach. 11. The commissioners of sewers of the city of London, the vestry of any parish, or the board of works for any district within the limits of this Act may, within twenty-eight days after the receipt of the copy or copies of such part of such plan transmitted to them as aforesaid, if they have not made any objection to execute the flood works shown on such copy, or if they have made any such objection, within twenty-eight days after the receipt by them of the order of the board made after consideration of such objection, give notice in writing to the board of their intention to execute to the satisfaction of the board the flood works shown on such copy, and for the execu tion of which such commissioners, vestry, or district board are liable to provide, and thereupon such commissioners, vestry, or district board may proceed to execute such works in accordance with such copy, under the authority and with the powers by this Act conferred. 12. Any owner or owners of premises who is or are liable to provide for the execution upon such premises of any flood works shown on any copy or copies of any part or parts of such plan transmitted to him or them as aforesaid, may within twenty-eight days after the receipt of the copy or copies of such part or parts of such plan as aforesaid, if he or they have not made any objection to execute the flood works shown on such copy or copies, or if he or they have made any such objection, within twenty-eight days after the receipt by him or them of the order of the board made after consideration of such objection, give notice to the board of his or their intention singly or jointly to execute to the satisfaction of the board such works as shown on such copy or copies, and thereupon such owner or owners may, subject to the provisions of this Act, singly or jointly enter upon any such premises and proceed to execute such works in accordance with such copy or copies, under the authority and with the powers by this Act conferred. 13. If the commissioners of sewers of the city of London, or any vestry, district board, or any owner of premises, neglect during twenty-eight days after the receipt of the copy of any part of such plan as aforesaid, if they or he have not made any objection, to execute the flood works shown on such copy, or if they or he have made any such objection, during twenty-eight days after the receipt by them or him of the order of the board made after consideration of such objection, neglect to give such notice as aforesaid to the board, or within twenty-eight days thereafter neglect to begin to execute any flood works shown on such copy, and for the execution of which such commissioners, vestry, district board, or owner are liable to provide, or fail to carry on or complete such works, when begun, with all reasonable despatch and to the satisfaction of the board, then and in every such case the board may, subject to the provisions of this Act, cause the same to be executed, carried on, or completed, and may for such purpose themselves and by their officers, servants, and workmen enter upon such premises, and do all such acts, manners, and things as may be necessary for the execution of such works. 14. The board, the commissioners of sewers of the city of London, the vestry of any parish, the board of works for any district, or any owner of premises, in the execution of any flood works, in accordance with the provisions of this Act, may carry the same through, along, across, or under any street, or through, along, across, or under any cellar or vault which may be under the pavement of any street, and into, through, along, across, upon, or under any lands, and may for such purpose enter upon any such cellar, vault, and lands, and any premises in the vicinity of or adjoining the same or connected therewith, compensation being made for any damage done thereby in manner provided by this Act. 15. Where for the purpose of executing any flood works in accordance with the provisions of this Act it is in the opinion of the board necessary that the commissioners of sewers of the city of London, the vestry of any parish, the board of works for any district, or any owner of premises liable under this Act to provide for the execution of such works, should take and use any premises not vested in them or subject to their control or management, or of which they or he are or is not the owner, or that the board for the purpose of executing such works in place of them or him should take and use such last-mentioned premises, then and in every such case the board may take and use any such last-mentioned premises Section 15. which may be required for the purpose of executing such works, and the board shall for such purpose have and may exercise all the powers of taking land conferred upon the board by the principal Act in relation to the taking of lands for works for the purpose of the sewerage or drainage of the metropolis. 8 & 9 Vict. c. 18. Power to construct flood works on the shores and bed of the river Thames. 20 & 21 Vict. c. cxlvii. Provision as to certain dock companies. For the purposes of notices required by the principal Act to be served upon owners or reputed owners of lands before applying for the consent of the secretary of state to the taking of lands compulsorily, the term "owner" shall, in relation to premises to be taken for the purposes of this Act, have the same meaning as in the Lands Clauses Consolidation Act, 1845. When the board have taken any premises under the authority of this Act, they may by writing under their seal authorise the commissioners of sewers, the vestry of any parish, the board of works for any district, and any owner to take or use the same for the execution of any flood works in accordance with the provisions of this Act, and thereupon such commissioners, vestry, district board, or owner may for such purpose take and use such premises or any of them, and shall in respect of the same have all and the same powers as though they or he were or was the board. 16. For the purpose of executing any works under the authority of this Act, the board, the commissioners of sewers of the city of London, the vestry of any parish, the board of works for any district, and any owner of premises liable to execute flood works, may, subject to the provisions of this Act, construct any such works through, along, over, or under the bed and soil and banks and shores of the river Thames: Provided always, that no such work shall be constructed in or upon the bed or shore of the river Thames as defined by the Thames Conservancy Act, 1857, except with the permission of the conservators of the said river, and under a license to be granted by the said conservators in accordance with the provisions of the said last-mentioned Act. 17. Notwithstanding anything in this Act, the following provisions shall apply and shall be the only provisions of this Act which shall apply to the execution of flood works in the case of or with reference to the following dock companies and their respective undertakings; that is to say, the London and Saint Katherine Docks Company, the Surrey Commercial Dock Company, the Millwall Dock Company, and the East and West India Docks Company: (a) If the board are of opinion that it is necessary for the protection of any lands within the limits of this Act from floods or inundations caused by the overflow of the river Thames that the height or level of any bank of any such dock company should be raised, they may by notice in writing under the hand of the chairman or engineer for the time being of the board, to be served upon the secretary or left at the chief office of the company, require that the height or level of such bank shall be raised by the company to such an extent as the board think necessary and shall specify in the notice; and if the company do not within one month after the service of the notice upon them as aforesaid give such notice to the board as is hereinafter mentioned, the company shall with all convenient speed raise the height or level of such bank to the extent specified in the notice. (b) Within the said period of one month the company may give notice in writing to the board that they consider the requirement of the board to be unnecessary in whole or in part for the purpose of such protection as aforesaid, and that they desire that the question whether such requirement is or is not necessary shall be determined by arbitration, and thereupon, upon the application either of the company or the board, the board of trade may appoint a competent and impartial engineer as arbitrator to determine the question. (c) The arbitrator by his award may direct that the height or level of any bank specified in the notice of the board shall be raised by the company to such an extent as he may consider necessary, and the company shall with all reasonable speed comply with any such direction of the arbitrator. If the arbitrator is of opinion that the requirements of the board are unnecessary in whole or in part, he shall so certify. The award of the arbitrator shall be final and conclusive, and the costs of the arbitration shall be in his discretion. Section 17. 18. For the purpose of giving effect to the provisions of this Act, Power to any engineer, surveyor, district surveyor, or other person duly inspect lands. authorised in writing by the board or by the commissioners of sewers of the city of London, or by the vestry of any parish, or by the board of works for any district, or by any owner of premises liable to execute flood works, or the owner of such premises, may enter upon any premises upon which any works executed or to be executed by them or him in pursuance of this Act are or will be situate, for the purpose of inspecting or taking surveys of the same, at any time between the hours of nine o'clock in the forenoon and four o'clock in the afternoon; and if any person during such hours refuses to allow such engineer, surveyor, district surveyor, or other officer or person, or any such owner, to enter upon any such premises, or obstructs him in the making of such inspection or survey, such person shall be liable to a penalty not exceeding ten pounds, and to a further penalty not exceeding five pounds for every day after the first day during which he so continues to act in contravention of this Act. 19. In order to preserve the navigation of the river Lee, the plan of any flood works to be constructed under the authority of this Act through, along, over, or under the bed or soil or banks or shores of the river Lee within the limits of the jurisdiction of the Lee conservancy board under the Lee Conservancy Act, 1868, which may interfere with the free navigation of the said river, shall be approved by the Lee conservancy board in writing under their common seal before such works are commenced, certifying that the works according to such plan will not interfere with the free navigation of the said river, and thereupon such works shall only be executed in accordance with such plan, and no alteration shall thereafter be made in such plan, except with the approval of the Lee conservancy board in writing under their common seal as aforesaid. Flood works upon the shore of the river Lee to be approved by the Lee conservancy c. cliv. 20. Nothing in this Act contained shall extend or be construed Saving right to extend to prejudice or derogate from the rights of the Lee con- of the Lee conservancy board. Section 20. servancy board, or to prohibit, defeat, alter, or diminish any power, authority, or jurisdiction which at the time of the passing of this Act the Lee conservancy board did or might lawfully claim, use, or exercise, so far as such rights, power, authority, or jurisdiction may be exercised, or for the preserving of the free navigation of the river Lee. Saving rights of the com missioners of sewers for Havering and other levels. Maintenance Penalty for alteration of banks without consent of board. Survey and repair of dangerous or insufficient banks and maintenance and repair of same. 21. Except in so far as may be necessary for the due execution of this Act, nothing in this Act contained shall affect, alter, abridge, or interfere with any of the rights or powers at the time of the passing of this Act vested in the commissioners of sewers for the levels of Havering, Dagenham, Ripple, Barking, East Ham, West Ham, Leyton, and Walthamstow, and for the respective borders and confines thereof near to the same, as the same are respectively standing, lying, running, and being in the respective counties of Essex, Middlesex, and Kent, and except in so far as the said rights and powers are varied by or are inconsistent with the provisions of this Act they shall continue in full force. MAINTENANCE OF BANKS. 22. The bodies and persons by this Act liable to provide for the execution of flood works upon any premises shall respectively be liable to maintain and repair the banks upon the same, and shall for the purpose of such maintenance and repair, in accordance with any plan or specification approved of by the board, have all and the same powers, and be subject to all and the same conditions as are by the preceding provisions of this Act conferred and imposed upon them respectively with respect to the execution of flood works in accordance with plans by the board. 23. From and after the passing of this Act, if any person make any alteration to any bank so as to affect the security of the premises upon which the same is situate, or of any other premises adjacent or near thereto, from flooding caused by the overflow of the river Thames, without the previous sanction in writing of the board, such person shall be liable to a penalty not exceeding ten pounds, and in the case of a continuing offence to a further penalty not exceeding ten pounds for every day after the first day after the making of such alteration until the same be sanctioned by the board as aforesaid, or if the same is not so sanctioned until such bank be restored to its former condition to the satisfaction of the board. 24. Whenever it is made known to the board that any bank in any parish or in any district within the limits of this Act is out of repair, dangerous, or insufficient for the effectual protection of any premises within the limits of this Act from floods or inundations caused by the overflow of the river Thames, they shall require a survey of such bank to be made by the district surveyor or by some other competent surveyor, and it shall also be the duty of the district surveyor to make known to the board any information he may receive with respect to any bank being in such state as aforesaid: Upon completion of his survey such district or other surveyor shall certify to the board his opinion as to the state of any such bank as aforesaid: If such certificate is to the effect that such bank is not out of |