10.—(1) The construction of a drinking bay on the bank of a main river.
(2) For the purposes of this paragraph, the specific conditions are—
(a)the bay is not located within 100 metres of any other man-made structure on or in the main river,
(b)the bay is surrounded by a post and rail fence which must project into or over the main river no more than 1.2 metres or 10% of the width of the main river, whichever is less,
(c)the base of the bay has a surface made of concrete, stone or inert hard core,
(d)all excavated material not re-used on the site of the works is removed from the floodplain,
(e)the works do not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river,
(f)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,
(g)the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,
(h)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and
(i)the remainder of the bank is fenced so as to prevent damage to the bank.