SCHEDULE 25Flood risk activities and excluded flood risk activities

PART 1Flood risk activities

Emergency works notice7

1

In an emergency, the regulator may serve an emergency works notice on the operator, owner or occupier of the premises or any other person responsible for a flood risk activity (“A”).

2

An emergency works notice may be served whether or not the activity is an excluded or an exempt flood risk activity.

3

An emergency works notice may require A—

a

to remove any specified structure in accordance with requirements set out in the notice;

b

to modify any specified structure in accordance with requirements set out in the notice;

c

to carry on the activity in accordance with requirements set out in the notice;

d

to remedy the environmental effects caused by the activity in accordance with requirements set out in the notice;

e

not to carry on the activity without an environmental permit, unless the activity is an excluded or exempt activity.

4

An emergency works notice must—

a

specify the period within which A must comply with the notice requirements;

b

set out the rights of appeal that A has under regulation 31(1)(f).

5

In sub-paragraph (3)(d), “environmental effects” means—

a

flooding or risk of flooding;

b

harm to the environment or risk of harm to the environment;

c

detrimental impact on drainage or risk of detrimental impact on drainage.