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

Gravel-cleaning for fish-spawning beds17

1

Gravel-cleaning for fish-spawning beds.

2

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

a

the works are only carried out in September or October in any year,

b

the works are to no more than 20m2 of gravel per location, with a gap of at least 30 metres between locations,

c

the works do not adversely affect the banks or established bed of the main river,

d

the works are carried out using only hand tools or machinery carried and operated by one person, and

e

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.