Paragraph 19 InterpretationI1

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” is construed accordingly;

• “drainage work” means any main river and includes any land which provides flood storage capacity; or any other land which is expected to provide flood storage capacity as a result of the authorised development pursuant to the details approved in compliance with requirement 18(1); or any land which provides flood storage 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;

• “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 migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish;

• “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;

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

• “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 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, including works required pursuant to documents certified under Schedule 13 or approved under Schedule 2, 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 or the Agency’s ability to undertake works to ensure the efficacy of 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)

        affect the flow, purity or quality of water in any main river or other surface waters;

     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;

     or which involves

  6. (f)

     an activity to which paragraph 22(3) of this Part of this Schedule applies; and

  7. (g)

     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

• “Thames Flood Acts” means the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 and Thames Barrier and Flood Prevention Act 1972 and amending legislation;

• “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.