Paragraph 30 I1

The following provisions of this Part of this Schedule have effect unless otherwise agreed in writing between LUL and the Agency.

In this Part of this Schedule—

• “the Agency” means the Environment Agency;

• “construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are 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 or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

• “environmental duties” means the Agency’s duties in the Environment Act 1995^f1, the Natural Environment and Rural Communities Act 2006^f2 and F1the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017;

• “the fishery” means any waters containing fish and the spawn, habitat or food of such fish;

• “plans” includes sections, drawings, specifications 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 16 metres of a drainage work or is otherwise likely to—

  1. (a)

     affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

  2. (b)

     affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;

  3. (c)

     cause obstruction to the free passage of fish or damage to any fishery; or

  4. (d)

     affect the conservation, distribution or use of water resources; and

• “watercourse” includes all drains.