Paragraph 10 Emergency PowersI1

If by reason of the construction of any authorised project work or the failure of any such authorised project work, the efficiency or effectiveness of any drainage work or the conservation value of the aquatic habitat is impaired, or that drainage work is otherwise damaged, so as to require remedial action, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the Agency.

If such impaired or damaged drainage work is not made good to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to restore it to its former standard of efficiency or where necessary to construct some other work in substitution for it.

If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of impaired or damaged drainage work is served under paragraph 10(2) on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not thereafter made reasonably expeditious progress towards its implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

In the event of any dispute as to the reasonableness of any requirement of a notice served under paragraph 10(2), the Agency shall not except in a case of immediate foreseeable need exercise the powers conferred by paragraph 10(3) until the dispute has been finally determined in accordance with paragraph 13.

In any case where immediate action by the Agency is reasonably required in order to secure that the imminent flood risk or damage to the environment is avoided or reduced, the Agency may take such steps as are reasonable for the purpose and may recover from the undertaker the reasonable cost of so doing provided that the notice specifying those steps is served on the undertaker as soon as it is reasonably practicable after the Agency has taken or commence to take the steps specified in the notice.