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10/04/2011 17:06:10 gerry Posts: 1

Hi, I have some 2 acres of grazing land which is fully fenced apart from one side where there is a decent sized stream. The main five bar gate is padlocked with a keep out sign but still the enviroment agency managed to get in and clear the stream of silt with a mechanical digger. I was not contacted by them and only became aware of the damage at a later date when passing through. The silt/mud meashures some 70m x 6m x 300mm thick all approx and now prevents me from using the land to its capacity for grazing. I complained to the E/A and they have responded stating By virtue of section 165(1) of the water Resourses act 1991 the agency may (a) maintain existing works by cleansing them or otherwise maintaining them in a state of efficiancy. Dredging of the watercourseadjoing the property is carrying out such maintenance. Nothing in (1) authorises a person to enter on land except for Maintenance. They go on to say that "there have been a number of cases that make it clear that this means we do not need permission to enter the land or to follow any notice of entry procedure when the works are for maintenance" Some advice would be welcome as to my position. Thanks Gerry

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