Part IVE+W FLOOD DEFENCE

Modifications etc. (not altering text)

C1Pt. 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)

Main river functionsE+W

109 Structures in, over or under a main river.E+W

(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 [F1appropriate agency].

(2)No person shall, without the consent of the [F1appropriate agency], 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 [F1appropriate agency].

(4)If any person carries out any work in contravention of this section the [F1appropriate agency] 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 [F1appropriate agency] 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.

[F2(7)Subsections (1) to (3) above shall not apply to any work if—

(a)carrying out the work is a licensable marine activity,

(b)the [F1appropriate agency] considers that, in view of the terms and conditions that will be included in the marine licence, the provisions of those subsections may be dispensed with, and

(c)the [F1appropriate agency] issues a notice to that effect to the applicant for the marine licence.

(8)In subsection (7) above “licensable marine activity” and “marine licence” have the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.]

Textual Amendments

F1Words in ss. 109-111 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 274(b) (with Sch. 7)

F2S. 109(7)(8) inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 82(2), 324(3) (with ss. 76-81, 111, Sch. 9 para. 10); S.I. 2011/556, art. 3(2)(a)

Modifications etc. (not altering text)

C2S. 109 modified (16.3.1992) by London Government Act 1992 (c. iii), s. 32(9)(10)

S. 109 modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11

C3S. 109 amended (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s. 33(12)

C4S. 109 amended (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), s. 42(8)

C5S. 109 amended (16.3.1992) by Midland Metro Act 1992 (c. vii), s. 21(9)

C6S. 109 excluded (5.11.1993) by 1993 c. 42, s. 25(1) (with s. 30(1), Sch. 2 para. 9).

C7S. 109 applied (21.7.1994) by 1994 c. xv, s. 43(11)

C8S. 109 applied (with modifications) (7.3.1995) by S.I. 1995/519, arts. 3(9), 57-64