Paragraph 1 I1

The following provisions shall apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

Where any consent, approval or agreement is required to be given by the Agency in relation to any part of the authorised project, other than under the terms of this Order, the terms of this Schedule shall apply.

In this Schedule—

• “the Agency” means the Environment Agency;

• “completion” in relation to any work means the date on which it is brought into use;

• “consented work” means a work that is required to be consented under the terms of the Water Resources Act 1991, the Land Drainage Act 1991 or the Wessex Water Authority Land Drainage Byelaws irrespective of any status as a statutory undertaker under those provisions;

• “damage” includes scouring and erosion and “damaged” shall be construed accordingly;

• “drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

• “erosion” means any erosion of the bed or shore of the sea or of the bed or banks of any river;

• “outfall” means—

  1. (a)

     any existing land drainage outfall for which the Agency is responsible;

  2. (b)

     any sewer, pipe or drain provided for groundwater, surface water or storm overflow sewerage;

• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent) except a public sewer.