Article 7 Disapplication of legislative provisionsI1

England and Wales

(1)

The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development—

(a)

Part V(b) (control of works and dredging) of the 1968 Act;

(b)

section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991^f1;

(c)

section 32 (variation of awards) of the Land Drainage Act 1991^f2;

(d)

the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991^f3;

(e)

the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw-making powers of the authority) to the Water Resources Act 1991^f4;

(f)

regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016^f5 in respect of a flood risk activity only;

(g)

the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained within this Order; and

(h)

the provisions of the Neighbourhood Planning Act 2017^f6 insofar as they relate to temporary possession of land under articles 37 (temporary use of land for carrying out the authorised development) and 38 (temporary use of land for maintaining the authorised development) of this Order.

(2)

The disapplication of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 by Schedule 3 (legislation to be disapplied) does not affect the Environment Agency’s ability to use the powers vested in it under the Act against any person, other than the undertaker and any other person exercising a power under this Order, provided that the use of those powers vested in the Agency does not interfere with the construction or operation of the authorised development.

Annotations

Commencement

I1: Art. 7 in force at 27.11.2025, see art. 1

Footnotes

f1: 1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.
f2: Section 32 was amended by S.I. 2013/755.
f3: Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21).
f4: 1991 c. 57. Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to, the 2009 Act and S.I. 2013/755. Paragraph 6 was amended by section 105 of, and paragraph 26 of Schedule 15 to, the Environment Act 1995, sections 224, 233 and 321 of, and paragraphs 20 and 24 of Schedule 16 and Part 5(B) of Schedule 22 to, the 2009 Act and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.
f5: S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110.
f6: 2017 c. 20.