70. The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the Agency.
71.—(1) In this Part—
“Agency” means the Environment Agency;
“Byelaws” means the byelaws set out in the Wessex Water Authority Land Drainage Byelaws 1981 that are not disapplied by Schedule 16 (amendment of local legislation);
“consented work” means a work that is required to be consented under the terms of the Water Resources Act 1991(1), the Land Drainage Act 1991(2) or the Byelaws, irrespective of any status as a statutory undertaker under those provisions;
“drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;
“flood defence structure” means any valve, sluice, clyse, hatch, flashboard, flood gate, lasher, staunch gates, paddle, penstock, lock, weir, dam, pumping machinery, pump, pipe or other structure or appliance for controlling, measuring or regulating the level of water or the flow of water into, in or out of a main river or for drawing water from or delivering water into a main river.
F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 15 para. 71(2) omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.
72. The undertaker must not open or close or interfere with any flood defence structure without first obtaining the consent of the Agency in writing.
73.—(1) The undertaker must give the Agency at least 28 days’ written notice of any intention to use any bank of a main river, drainage work, river-control work or land within 8 metres of the bank or work for the purpose of depositing, stacking, storing or keeping any rubbish, goods, any materials or things whatsoever adjacent to it.
(2) The Agency must either consent (with or without conditions) or object to the notice.
(3) If within 14 days, no response is given, the Agency is deemed to have consented to the notice as submitted.
(4) The undertaker must take all reasonable care in depositing, stacking, storing or keeping any rubbish, goods, materials or things upon any drainage work not to cause damage to the drainage work and must take all reasonable care to minimise the risk of objects or matter entering or falling into a main river such as to cause an obstruction.
(5) If entry of an object or matter into a main river occurs, it must, except with consent of the Agency, be removed promptly by the undertaker.
74.—(1) The undertaker must give at least 28 days’ written notice to the Agency of any proposal to remove from the Order land any notice board, notice or placard put up by the Agency.
(2) The undertaker may use all reasonable endeavours to relocate any notice board, notice or placard removed under sub-paragraph (1) to a suitable alternative location and must agree with the Agency such suitable location.
75.—(1) If by reason of the storage or deposit of materials or the construction of any consented work, or of the failure of any such work, the efficiency of any flood defence structure or drainage work for flood defence purposes is impaired, or that flood defence structure or drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency; and if the undertaker fails to do so within such reasonable period as the Agency may require by notice in writing to the undertaker, the Agency may make good such impairment or damage and recover from the undertaker the expense reasonably incurred by it in so doing.
(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any impairment or damage to the extent that it is attributable to the act, neglect or default of the Agency, its officers, servants, contractors or agents.
76. Unless otherwise agreed, any dispute or difference arising between the Agency under this Part (other than a difference as to the meaning or construction of this Part) must be settled by arbitration in accordance with article 49 (arbitration).