Paragraph 32 I1

The following provisions 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;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” shall be construed accordingly;

• “damage” includes (but is not limited to) scouring, erosion, loss of structural integrity and environmental damage to any drainage work or any flora or fauna dependent on the aquatic environment, and “damaged” is to be construed accordingly;

• “drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for flood defence or tidal monitoring;

• “main river” means all watercourses shown as such on the statutory main river maps held by the Agency and the Department for Environment Food and Rural Affairs including any structure or appliance for controlling or regulating the flow of water in or out of the channel;

• “non–tidal main river” means any part of a main river that is not a tidal main river;

• “tidal main river” means that part of a main river downstream of the normal tidal limit;

• “plans” includes sections, drawings, specifications, calculations 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 on a Tidal Main River, 8 metres of a drainage work on a non–tidal main rivers 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 in any main river;

  3. (c)

     affect the conservation, distribution or use of water resources; or

  4. (d)

     affect the conservation value of the main river and habitats in its immediate vicinity; and

• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, basins, sewers and passages through which water flows except a public sewer.