The Designation of Features (Notices) (Wales) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

Under Section 30 of, and Schedule 1 to, the Flood and Water Management Act 2010 (c. 29) (“the Act”), the Environment Agency, lead local flood authority or an internal drainage board may designate structures or environmental features that affect a flood or coastal erosion risk, though they may not necessarily have been designed or constructed for that purpose.

Once designated, the owner of the designated feature cannot alter, remove or replace it without consent from the relevant authority, being either the authority which designated the feature or the authority who has since taken responsibility for the designation in accordance with Schedule 1 to the Act (the “Responsible Authority”). Paragraph 6(3)(b) of Schedule 1 to the Act gives power to the Responsible Authority to issue a consent to alter, remove or replace a designated structure or feature (or a variation or withdrawal of such a consent) other than in response to an application by an owner (a “paragraph 6(3)(b) notice”). Paragraph 16 of Schedule 1 to the Act gives the Welsh Ministers the power to make provision about the form, content and method of service of a notice under Schedule 1 to the Act.

These Regulations provide a requirement for all paragraph 6(3)(b) notices to specify a minimum notice period before they have effect and an exception to this requirement. The specified notice period is 28 days after the date on which the notice is issued although a Responsible Authority may specify a shorter notice period if it considers it necessary in an emergency.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.