The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016

70.—(1) The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

(2) In this Part of this Schedule—

“the Agency” means the Environment Agency;

“emergency” means a situation which—

(a)

is unexpected, in that there is little or no prior warning, or aspects of the event could not have reasonably been predicted in advance;

(b)

is a serious event presenting a risk of harm or damage to people, property or the environment; and

(c)

requires a need for urgent action, in that immediate action is required to address the risk of harm, repair or prevent a worsening of the situation;

“Flood Protection Work” means work to or creation of any watercourse, 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 or flood defence; and

“relevant navigation” has the same meaning as in article 16 (powers in relation to relevant navigations or watercourses).