Paragraph 20 DefinitionsI1

In this Part of this Schedule—

• “Agency” means the Environment Agency;

• “construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” are to be construed accordingly;

• “drainage work” means—

  1. (a)

     any main river;

  2. (b)

     any land which provides or is expected to provide flood storage capacity for any main river;

  3. (c)

     any bank, wall, embankment or other structure or any appliance (in each aforementioned case) constructed or used for land drainage, flood defence or tidal monitoring in connection with a main river;

• “emergency” means an occurrence which presents a risk of—

  1. (a)

     serious flooding

  2. (b)

     serious detrimental impact on drainage

  3. (c)

     serious harm to the environment

• “fishery” means any waters containing fish and fish in, or mitigating to or from, such waters and the spawn, spawning ground, habitat or food or such fish;

• “Habrough Marsh Drain outfall channel” means the naturally scoured channel over the intertidal area fronting the outfall structure marked ‘Structure A’, being the Habrough Marsh Drain, on the plan of Habrough Marsh Drain and Stallingborough North Beck which provides passive gravity drainage during favourable tidal conditions;

• “licences” means—

  1. (a)

     the licence with reference 35/Licence/10300 granted by the British Transport Docks Board to Anglian Water Authority on 18 January 1980;

  2. (b)

     the licence with reference 35/Licence/10406 granted by the Company to the Agency on 26 November 1999; and

  3. (c)

     the licence with reference 35/Licence/10408 granted by the Company to the Agency on 26 November 1999;

• “main river” has the same meaning given in section 113 of the Water Resources Act 1991;

• “non-tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016;

• “the plan of Habrough Marsh Drain and Stallingborough North Beck” means the plan of that name identified in the table at Schedule 15 (documents and plans to be certified) and which is certified by the Secretary of State as the plan of Habrough Marsh Drain and Stallingborough North Beck for the purposes of the Order;

• “plans” includes plans, sections, elevations, drawings, specifications, programmes, proposals, calculations, method statements and descriptions;

• “protected site” means a site of special scientific interest, a special area of conservation, a special protection area, a Ramsar wetland or a marine conservation zone or legal equivalent;

• “remote defence” means any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river;

• “sea defence” means any bank, wall, embankment (any berm, counterwall or cross-wall connected to any such bank, wall or embankment), barrier, tidal sluice and other defence, whether natural or artificial, against the inundation of land by sea water or tidal water, including natural or artificial high ground which forms part of or makes a contribution to the efficiency of the defences of the Agency’s area against flooding, but excludes any sea defence works which are for the time being maintained by a coast protection authority under the provisions of the Coast Protection Act 1949 or by any local authority or any navigation, harbour or conservancy authority;

• “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within—

  1. (a)

     16 metres of the base of a sea defence which is likely to—

     1. (i)

        endanger the stability of, cause damage or reduce the effectiveness of that sea defence; or

     2. (ii)

        interfere with the Agency’s access to or along that sea defence;

  2. (b)

     8 metres of the base of a remote defence which is likely to—

     1. (i)

        endanger the stability of, cause damage or reduce the effectiveness of that remote defence; or

     2. (ii)

        interfere with the Agency’s access to or along that remote defence;

  3. (c)

     16 metres of a drainage work involving a tidal main river;

  4. (d)

     8 metres of a drainage work involving a non-tidal main river;

  5. (e)

     any distance of a drainage work and is otherwise likely to—

     1. (i)

        affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

     2. (ii)

        cause obstruction to the free passage of fish or damage to the fishery;

     3. (iii)

        affect the conservation, distribution or use of water resources; or

     4. (iv)

        affect the conservation value of the main river and habitats in its immediate vicinity;

or which involves—

• “tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016;

• “Stallingborough North Beck outfall channel” means the naturally scoured channel over the intertidal area fronting the outfall structure marked ‘Structure B’, being the Stallingborough North Beck, on the plan of Habrough Marsh Drain and Stallingborough North Beck which provides passive gravity drainage during favourable tidal conditions; and

• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, basins, sewers and passages through which water flows except a public sewer.