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Clause 46 repeals sections 262 and 263 of the Public Health Act 1936. Section 262 gives local authorities the power to require the culverting of watercourses and ditches where building operations are proposed. It is being repealed as it does not reflect current policy, which is to address the pollution and not to cover up the watercourse.
Section 263 is being repealed as it duplicates the provisions of section 23 of the Land Drainage Act 1991 and section 109 of the Water Resources Act 1991, so that often owners or occupiers are required to apply for parallel consents from the same regulator.