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 any main river in England24

1

Dredging of no more than 20 metres of any main river in England.

2

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

a

no dredging has been carried out in the previous 12 months in the same main river and property,

b

the works are completed within 12 months of registration of the exemption,

c

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

d

the dredging does not include the removal of gravel,

e

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,

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 involve the use of a vehicle or machinery on the bed or banks of the main river,

h

the works do not occur in, or within 1 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,

i

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,

j

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

k

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,

l

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

m

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, and

n

the dredging does not occur in a designated sensitive water body.