OpenLegislation

Paragraph 2 I1

England, Wales and Scotland

In this Part—

  • “Agency” means the Environment Agency;

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

  • “drainage work” means any watercourse and includes—

    1. (a)

      any land that provides or is expected to provide flood storage capacity for any watercourse;

    2. (b)

      any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring; and

    3. (c)

      any ancillary works constructed as a consequence of works carried out for drainage purposes;

  • “fishery” means any watercourse within the Order limits containing fish, fish in such waters and the spawn, habitat or food of such fish;

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

  • “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of, a drainage work or is otherwise likely to—

    1. (a)

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

    2. (b)

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

    3. (c)

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

    4. (d)

      affect the conservation, distribution or use of water resources;

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

Annotations

Commencement

I1

Sch. 12 Pt. 5 para. 2 in force at 26.8.2015, see art. 1