Article 4 Disapplication of legislative provisions

The following provisions do not apply in relation to any works executed under the powers conferred by this Order—

(a)

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

(b)

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

(c)

the provisions of any byelaws made under, or having effect as if made under, section 66^f3 (powers to make byelaws) of the Land Drainage Act 1991, which require consent or approval for the carrying out of the works; and

(d)

the Neighbourhood Planning Act^f4 in so far as it relates to temporary occupation of land under articles 22 (temporary use of land for construction of works) and 23 (temporary use of land for maintenance of works).

Annotations

Footnotes

f1: S.I. 2016/1154.
f2: 1991 c. 59. Section 23 was amended by paragraph 192 of Schedule 22 of the Environment Act (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Management Act 2010 (c. 29) and S.I. 2013/755.
f3: Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86(1) and (3) of the Water Act 2014 (c. 21).
f4: 2017 c. 20.