{
  "url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2016/schedule-25/part-1/paragraph-9",
  "json_url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2016/schedule-25/part-1/paragraph-9.json",
  "legislation": "ukdsi/2016/9780111150184",
  "legislation_title": "The Environmental Permitting (England and Wales) Regulations 2016",
  "legislation_url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2016",
  "path": "schedule/25/part/1/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Regulator’s power to take steps to remove and remedy etc.",
  "text": "(1) Subject to paragraph 10(4) and (5), the regulator may take steps to—\n(a) remove, alter or pull down any works carried out pursuant to an unauthorised flood risk activity;\n(b) remedy the effects caused by an unauthorised flood risk activity.\n(2) Before taking any steps under sub-paragraph (1) the regulator must serve a notice of intent on the person responsible for the unauthorised flood risk activity (“A”).\n(3) The requirement to serve a notice of intent under sub-paragraph (2) does not apply where the regulator—\n(a) is required to act in an emergency, or\n(b) cannot determine who is the person responsible for the unauthorised flood risk activity.\n(4) A notice of intent must—\n(a) specify the steps the regulator intends to take;\n(b) specify the date on which the regulator intends to take those steps;\n(c) set out the rights of appeal that A has under regulation 31(1)(f).\n(5) Where the regulator determines that it is not possible or practical to serve a notice of intent on A, the regulator may serve the notice on any other person who it appears to the regulator may be affected.\n(6) Where a notice is served under sub-paragraph (5), sub-paragraph (4)(c) applies as if the reference in that sub-paragraph to “A” is a reference to the person on whom a notice under sub-paragraph (5) is served.\n(7) The regulator may recover from A, or a person served with a notice under sub-paragraph (5), the costs of any steps taken by the regulator under sub-paragraph (1).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2016/9780111150184/schedule/25/part/1/paragraph/9",
    "retrieved_at": "2026-10-30T15:07:48.139767+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}