Paragraph 1 I1

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

Where any consent, approval or agreement is required to be given by the Agency, pursuant to this Schedule, it shall not be unreasonably withheld or delayed.

In this Schedule—

• “accumulation” means any accumulation of silt or other material causing damage or a reasonable expectation of damage to flood defences managed by the Agency;

• “the Agency” means the Environment Agency;

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

• “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;

• “excluded work” means a tidal work as defined in article 2(1) and any work referred to in article 5 (power to dredge the Severn Estuary);

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

• “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;

• “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, 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 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.