SCHEDULE 3Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 4Exempt flood risk activities: descriptions and conditions

Repair of bank slips and erosion14

1

Repair of bank slips and erosion.

2

For the purposes of this paragraph, the specific conditions are—

a

the works do not involve removal of material from the bed of the main river other than bank slippage,

b

the works do not affect more than 10 metres of the bank at any one time,

c

the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

d

when the works are finished, the height of the bank does not exceed the lower of—

i

the height of the bank on either side of the works, and

ii

the height of the bank prior to the slip or erosion,

e

the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

f

any repair of a bank slippage is made using as materials only material that has subsided from that bank,

g

any repair of erosion uses materials of the same kind as those present on the relevant site,

h

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,

i

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

j

the works do not involve the use of a vehicle or of wheeled or tracked machinery on the bed or banks of the main river.