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

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

PART 4 E+W Exempt flood risk activities: descriptions and conditions

Eel pass devices E+W

19.—(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.