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

Dredging of man-made ditches, land drains, agricultural drains and previously straightened watercourses in England23

1

Dredging of no more than 1.5 kilometres of man-made ditches, land drains, agricultural drains and previously straightened watercourses classified as main rivers in England.

2

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

a

the works do not occur in any location where dredging has been carried out within the previous 3 years,

b

the works do not occur in any location on a watercourse where dredging has taken place within 1.5 kilometres upstream or downstream of that location in the previous 12 months,

c

the works are completed within 3 years of registration of the exemption,

d

the works do not damage the bed or banks of the main river,

e

the dredging does not include the removal of gravel,

f

the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river,

g

the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

h

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

i

the works do not occur in, or within one kilometre 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,

j

the dredging and subsequent deposition of dredged material 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,

k

the works do not occur between 15th March and 15th June inclusive in any year,

l

on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

m

the works and any equipment used comply with the dredging and removal of silt and sand requirements,

n

the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions,

o

the works do not occur in a designated sensitive water body,

p

on a non-tidal main river, the works do not occur within 8 metres of a flood defence structure or river control works, and

q

on a tidal main river, the works do not occur within 16 metres of a flood defence structure or sea defence.