Article 6 Disapplication of legislative provisions

(1)

The following provisions do not apply to anything done under or in pursuance of this Order—

(a)

regulation 12(1)(a) (requirement for an environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016^f1 in relation to carrying on of a relevant flood risk activity;

(b)

section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991^f2;

(c)

any byelaws made under that Act or the Water Resources Act 1991^f3; and

(d)

the provisions of the Neighbourhood Planning Act 2017^f4 insofar as they relate to the temporary possession of land under articles 34 (temporary use of land for construction of works) and 35 (temporary use of land for maintenance of works) of this Order.

(2)

In paragraph (1)(a) “relevant flood risk activity” means anything done under or in pursuance of this Order within paragraph 3(1)(a), (b) or (c) of Schedule 25 (flood risk activities and excluded flood risk activities) to the Environmental Permitting (England and Wales) Regulations 2016.

Annotations

Footnotes

f1: S.I. 2016/1154, as amended by S.I. 2017/1012, S.I. 2017/1075, S.I. 2018/110, S.I. 2018/428 and S.I. 2018/575.
f2: 1991 c. 59.
f3: 1991 c. 57.
f4: 2017 c. 20.