C8Part IV FLOOD DEFENCE
Main river functions
C1C2C3C4C5C6C7109 Structures in, over or under a main river.
1
No person shall erect any structure in, over or under a watercourse which is part of a main river except with the consent of and in accordance with plans and sections approved by the F1Agency.
2
No person shall, without the consent of the F1Agency, carry out any work of alteration or repair on any structure in, over or under a watercourse which is part of a main river if the work is likely to affect the flow of water in the watercourse or to impede any drainage work.
3
No person shall erect or alter any structure designed to contain or divert the floodwaters of any part of a main river except with the consent of and in accordance with plans and sections approved by the F1Agency.
4
If any person carries out any work in contravention of this section the F1Agency may—
a
remove, alter, or pull down the work; and
b
recover from that person the expenses incurred in doing so.
5
Subsections (1) and (2) above shall not apply to any work carried out in an emergency; but a person carrying out any work excepted from those subsections by this subsection shall inform the F1Agency in writing as soon as practicable—
a
of the carrying out of the work; and
b
of the circumstances in which it was carried out.
6
Nothing in this section shall be taken to affect any enactment requiring the consent of any government department for the erection of a bridge or any powers exercisable by any government department in relation to a bridge.
Pt. IV (ss. 105-113): functions transferred to the Environment Agency (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 2(1)(a)(iii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 (with art. 4)