Article 5 Disapplication of legislative provisions

(1)

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

(a)

regulation 12(1)(a) (environmental permit required for operating a regulated facility) 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; and

(c)

the provisions of any byelaws made under, or having effect as if made under, section 66 (powers to make byelaws) of that Act, which require consent or approval for the carrying out of the works.

(2)

In article 5(1)(a) “relevant flood risk activity” means an activity 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.