Paragraph 1

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

In this Schedule—

• “damage” shall include scouring, erosion and environmental damage and “damaged” shall be construed accordingly;

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

• “drainage work” shall mean any watercourse and includes any land which 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 or flood defence;

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

• “plans” shall include sections, drawings, specifications and method statements;

• “specified work” shall mean so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a watercourse 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” shall include 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.