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Paragraph 35

Original text. Later amendments are not shown.

If by reason of construction of the specified works the drainage authority’s access to land drainage infrastructure, flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must provide such alternative means of access that will allow the drainage authority to maintain the land drainage infrastructure, flood defence or use the equipment no less effectively than was possible before the obstruction—

(a)

in the case of unplanned, responsive and emergency works to be carried out by the drainage authority within 24 hours of or as soon as reasonably practicable after the undertaker becoming aware of such obstruction; or

(b)

in the case of scheduled, planned routine maintenance, within 5 working days of receipt of notice from the internal drainage authority that such access is required;

and for the avoidance of doubt, where access to land drainage infrastructure, flood defences, or equipment maintain for flood defences is not materially obstructed by the undertaker for the purpose of construction of the specified works then the drainage authority shall be able to access their infrastructure freely, at all times without notice.