Paragraph 31

In this Part of this Schedule—

• “the Agency” means the Environment Agency;

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

• “drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

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

• “main river” means all watercourses shown as such on the statutory main river maps held by the Agency and the Department for Environment Food and Rural Affairs including any structure or appliance for controlling or regulating the flow of water in or out of the channel;

• “plans” includes sections, drawings, specifications, calculations and method statements;

• “Roman Bank” means the sea defence known as the Roman Bank as shown on the Roman Bank plan;

• “Roman Bank plan” means the plan titled “Roman Bank within the Order limits” certified by the Secretary of State as the Roman Bank plan for the purposes of this Order under article 47 (certification of documents, etc.);

• “sea defence” means any bank, wall, embankment (and 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^f1 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 or otherwise as is for the purpose of or in connection with, the construction or maintenance of the authorised development—

  1. (a)

     in, on, under, over or within 16 metres of a drainage work or 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)

        affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;

     3. (iii)

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

     4. (iv)

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

     5. (v)

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

  2. (b)

     in, on, under, over or within 16 metres of the base of a sea defence which is likely to—

     1. (i)

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

     2. (ii)

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

  3. (c)

     an activity that includes any dredging, raising or taking of any sand, silt, ballast, clay, gravel or other materials from or off the bed or banks of a drainage work (or causing such materials to be dredged, raised or taken), including hydrodynamic dredging or desilting;

  4. (d)

     any quarrying or excavation within 16 metres of a drainage work which is likely to cause damage to or endanger the stability of the banks or structure of that drainage work; and

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