{
  "url": "https://openlegislation.uk/drax-power-station-bioenergy-with-carbon-capture-and-storage-extension-order-2024/schedule-2/paragraph-11",
  "json_url": "https://openlegislation.uk/drax-power-station-bioenergy-with-carbon-capture-and-storage-extension-order-2024/schedule-2/paragraph-11.json",
  "legislation": "uksi/2024/70",
  "legislation_title": "The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024",
  "legislation_url": "https://openlegislation.uk/drax-power-station-bioenergy-with-carbon-capture-and-storage-extension-order-2024",
  "path": "schedule/2/paragraph/11",
  "kind": "paragraph",
  "number": "11",
  "heading": "Flood risk mitigation",
  "text": "(1) The authorised development must be carried out and operated in accordance with the flood risk assessment.\n(2) No later than 20 years following the date of full commissioning, the undertaker must notify the relevant planning authority and the Environment Agency whether it anticipates that the operation of Work No. 1 will continue past the 25th anniversary of the date of full commissioning.\n(3) If a notification under sub-paragraph (2) indicates that the undertaker anticipates that the operation of Work No. 1 will continue past the 25th anniversary date of full commissioning, it must, unless otherwise agreed by the Environment Agency, submit for approval to the Environment Agency—\n(a) an updated flood risk assessment of the flood risk arising from the continued operation of Work No. 1 past the 25th anniversary of the date of full commissioning;\n(b) the details of any mitigation or compensation measures that the flood risk assessment under sub-paragraph (a) suggests are necessary;\n(c) the implementation timetable (including identifying the need for (but not requiring a specific programme for the obtaining of) any consents) for any measures identified under sub-paragraph (b); and\n(d) retention proposals for any measures identified under sub-paragraph (b).\n(4) The undertaker must share the details approved by the Environment Agency under sub-paragraph (3) with the relevant planning authority within 5 days of such approval being given.\n(5) The undertaker must implement the measures approved under sub-paragraph (3)(b) in accordance with the implementation timetable approved under sub-paragraph (3)(c) no later than the 25th anniversary of the date of full commissioning of Work No. 1 or such other time period as is agreed with the Environment Agency and must retain them for the lifetime of Work No. 1 in accordance with the retention proposals approved under sub-paragraph (3)(d).\n(6) The undertaker must not continue operation of Work No. 1 beyond the 25th anniversary of the date of full commissioning unless the Environment Agency has given its approval under sub-paragraph (3) and the undertaker has complied with sub-paragraph (4), unless otherwise agreed in writing by the Environment Agency.\n(7) For the purposes of this requirement ‘the date of full commissioning’ means the earlier of the date of Unit 1 full commissioning and the date of Unit 2 full commissioning.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/70/schedule/2/paragraph/11",
    "retrieved_at": "2026-10-28T21:35:45.832365+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."
}