SCHEDULES

SCHEDULE 17U.K.Protective provisions

Part 3 U.K.Protection of land drainage, flood defence, water resources and fisheries

1(1)The following provisions of this Part shall, unless otherwise agreed in writing between the nominated undertaker and the Agency, have effect.U.K.

(2)In this Part—

  • “the Agency” means the Environment Agency;

  • “construction” includes execution, placing, altering, replacing, relaying and removal;

  • “drainage work” means any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring, and includes land which, taking account of flood defences, is expected to provide flood storage capacity for any watercourse at intervals not less frequent than—

    (a)

    in the case of areas providing fluvial flood storage, once in 100 years; and

    (b)

    in the case of areas providing tidal or coastal flood storage, once in 200 years;

  • “fishery” means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds or food of such fish;

  • “plans” includes sections, drawings, specifications and method statements;

  • “specified work” means so much of any permanent or temporary work or operation authorised by this Act (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as is likely to—

    (a)

    affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

    (b)

    affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;

    (c)

    cause obstruction to the free passage of fish or damage to any fishery; or

    (d)

    affect the conservation, distribution or use of water resources; and

  • “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer;

and reference to protection of or damage to a drainage work includes reference to the protection of or damage to the drainage work as a natural resource or in respect of the effects of that drainage work on the environment.