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

Eel pass devices19

1

Construction of eel pass devices on existing structures.

2

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

a

the existing structure is not located on a tidal river,

b

the device is permanently and securely attached to the existing structure,

c

the width of the device is no more than 5% of the width of the main river, and

d

the device does not extend upstream or downstream from the existing structure more than the lesser of—

i

10 metres, or

ii

the width of the channel measured between the top of each bank of the main river.