The Environmental Permitting (England and Wales) Regulations 2016 No. 1154

SCHEDULE 25 E+W Flood risk activities and excluded flood risk activities

PART 2 E+W Excluded flood risk activities

SECTION 2 E+W Descriptions and conditions

Emergency activity E+W

2.—(1) Any activity carried on in an emergency.

(2) For the purposes of this paragraph, the specific conditions are that—

(a) the activity is not a pre-planned emergency activity, and

(b) the person carrying on the activity provides the regulator with notice in writing as soon as practicable of the carrying on of the activity and the circumstances in which it was carried on.

(3) For the purposes of sub-paragraph (2)(a), a “pre-planned emergency activity” means any activity which has been planned in response to an emergency before it occurs.

(4) The power of the regulator to serve a remediation notice under paragraph 8 of Part 1 of this Schedule applies where an activity has been carried on in reliance on this exclusion as if that activity were an unauthorised activity.