Paragraph 3 I1

The provisions of this Part of this Schedule shall apply for the protection of the Agency unless otherwise agreed in writing between the undertaker 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” shall be construed accordingly;

• “damage” includes scouring, erosion and environmental damage 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 or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

• “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;

• “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;

  but shall not include internal works to the new tunnel after Works Nos. 4A and 5 have become watertight; 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.