Paragraph 73 I1
England, Wales and Scotland
In this Part—
“authorised development” has the same meaning as in article 2(1) F1... of this Order and (unless otherwise specified) for the purposes of this Part of this Schedule includes the operation and maintenance of the authorised development and the construction of any works authorised by this Part of this Schedule;
“construction” includes execution, placing, altering, replacing, relaying and removal; and “construct” must be construed accordingly;
“drainage authority” means—
- (a)
in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991; or
- (b)
in the case of any area for which there is no such drainage board, the lead local flood authority within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010;
- (a)
“drainage work” means any ordinary watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence, which is the responsibility of the drainage authority;
“ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991;
“plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments 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 9 metres of a drainage work which is the responsibility of Black Sluice Internal Drainage Board, or, in the case of a drainage work which is the responsibility of a drainage authority other than Black Sluice Internal Drainage Board, within 8 metres of such drainage work or which is otherwise likely to affect the flow of water in any watercourse.
Annotations
Textual amendments
- F1
Words in Sch. 13 para. 73 omitted (14.4.2025) by virtue of The Heckington Fen Solar Park (Correction) Order 2025 (S.I. 2025/482), art. 1(2), Sch.
Commencement
- I1
Sch. 13 para. 73 in force at 17.2.2025, see art. 1