The Flood and Water Management Act 2010 (Commencement No. 6 and Transitional Provisions) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Flood and Water Management Act 2010 (“the Act”).

Article 3 specifies provisions of the Act that come into force on 6 April 2012. These make provision for certain amendments to the Land Drainage Act 1991 (“the 1991 Act”) in relation to flood risk management. These amendments include:

(a) the removal of the following powers from the Environment Agency in relation to ordinary watercourses —

(i) concurrent flood risk management powers:

(ii) default powers in relation to flooding; and

(iii) enforcement powers in relation to watercourse, bridge or drainage maintenance obligations;

(b) the alteration of the prohibition on obstructions to ordinary watercourses to preclude the erection of any culvert without prior consent;

(c) the transfer of the role of the Environment Agency as the consenting and enforcement authority in areas outside an internal drainage district under sections 23, 24 and 25 of the 1991 Act to the relevant lead local flood authority (“LLFA”) (and the creation of a requirement to consult the Environment Agency where the drainage board are consenting to work they are themselves proposing); and

(d) the creation of the power to attach reasonable conditions to a consent issued under section 23.

Article 4 contains transitional provisions.

An impact assessment of the effect of the provisions commenced by this Order has not been produced as no impact on the private, voluntary or business sectors is foreseen.