Regulation 12 Construction, alteration etc of obstruction

(1)

This regulation applies to—

(a)

the construction of a new dam;

(b)

alterations or maintenance made to an existing dam that are likely to affect the passage of eels around, over or through the dam;

(c)

the construction or maintenance of a structure in or near waters that amounts to, or is likely to amount to, an obstruction.

(2)

Any person who constructs, alters or maintains a dam or structure must first notify the F1appropriate agency.

(3)

An application for, or variation of, a licence to abstract water or for impounding works under section 24 or 25 of the Water Resources Act 1991 M1 is deemed to be notification for the purposes of this regulation.

(4)

Failure to comply with paragraph (2) is an offence.

Annotations

Textual amendments

F1: Words in regs. 12-14 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 359 (with Sch. 7)

Marginal citations

M1: 1991 c. 57.

Notes on Part 4

Modifications

C1: Pt. 4 excluded (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), arts. 1, 3(7)(b) (with art. 3(8))
C2: Pt. 4 modified (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), art. 1, Sch. 8 para. 12
C3: Pt. 4 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 21 para. 8
C4: Pt. 4 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 21 para. 7