Part 2Miscellaneous
I138Incidental flooding or coastal erosion: Environment Agency
1
If Conditions 1, 2 and 3 are satisfied the Environment Agency may carry out work of a kind listed in section 3(3)(a) to (e) in a way that will or may cause—
a
flooding,
b
an increase in the amount of water below the ground, or
c
coastal erosion.
2
Condition 1 is that the Agency considers the work in the interests of—
a
nature conservation (including conservation of the landscape),
b
preservation of cultural heritage, or
c
people's enjoyment of the environment or of cultural heritage.
3
Condition 2 is that the Agency considers the benefits of the work will outweigh the harmful consequences for matters listed in section 2(4)(a) to (d).
4
Condition 3 is that the Agency has consulted—
a
the lead local flood authority for the area in which the work is to be carried out,
b
the district council (if any) for that area,
c
the internal drainage board (if any) for that area, and
d
persons who own or occupy land that, in the opinion of the Agency, is likely to be directly affected by the work.
5
In carrying out work in reliance on this section, the Agency must have regard to—
a
the national flood and coastal erosion risk management strategies under sections 7 and 8,
b
any guidance issued under those sections,
c
the local flood risk management strategy under section 9 or 10 for the area concerned, and
d
any guidance issued under those sections by the lead local flood authority for the area concerned.
6
The Agency may arrange for work to be carried out in reliance on this section on the Agency's behalf by—
a
a lead local flood authority,
b
a district council, or
c
an internal drainage board.
7
Subsection (1) may be relied on to carry out work whether or not it forms part of the exercise of other powers; but nothing in subsection (1) restricts the powers of the Environment Agency under another enactment.
8
The Minister must by order apply to this section (with or without modifications) provisions of the Water Resources Act 1991 about—
a
compulsory purchase,
b
powers of entry, and
c
compensation.
9
An order under subsection (8) may not be made unless a draft has been laid before and approved by resolution of—
a
each House of Parliament, in the case of an order made by the Secretary of State, or
b
the National Assembly for Wales, in the case of an order made by the Welsh Ministers.
10
In this section “the Minister” means—
a
the Secretary of State in relation to England, and
b
the Welsh Ministers in relation to Wales.
11
Other expressions in this section have the same meaning as in Part 1.