This Act defines functions of the Manx Utilities Authority ("Authority") and landowners in respect of prevention of flooding and flood risk management (FRM) and relevant waterworks. The Authority— (a) must administer this Act and monitor and enforce compliance with it; and (b) is responsible for, and must generally supervise, all matters relating to FRM. In performing its functions, the Authority has the duty (the “general duty”) to consider the desirability of — (a) protecting and conserving land, buildings, sites and objects of national, architectural, archaeological or historic interest; (b) conserving and enhancing the Island’s natural beauty and amenity; (c) conserving wildlife, flora and fauna; and (d) preserving the use of land and water in the Island for recreational purposes.The Authority may, by order, designate existing or proposed FRM works or a watercourse as one of general significance for FRM. The Authority may provide, maintain, improve or extend designated FRM works or designated watercourses to protect the Island from flood risks. A person unlawfully interferes with a watercourse if the person undertakes specified activities (constructs dams or bridges, diverts water etc.) without the Authority’s written consent. The Authority shall have certain powers in respect of FRM works and watercourses and shall have emergency and remedial powers. A proposer may, by notice, ask the servient landowner for approval (a “drainage approval”) to make or improve the drain on the servient land. If the servient landowner gives the drainage approval and agrees to particular compensation terms, the proposer and the servient landowner may enter into a deed evidencing those matters. The Act establishes a Flood Risk Management Tribunal. the Tribunal shall hear appeals under this Act.
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