Part VIIE+W+S Land and Works Powers

Modifications etc. (not altering text)

C1Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

chapter IE+W+S POWERS OF THE [F1APPROPRIATE AGENCY]

Textual Amendments

[F2Restoration and improvement works for controlled watersE+W

Textual Amendments

161ZA.Other works and operations in respect of harm to controlled watersE+W

(1) This section applies where it appears to the [F3appropriate agency] that any controlled waters are being or have been harmed, or are likely to be harmed, by any event, process or other source of potential harm (and it is immaterial whether the source of potential harm has been identified).

(2)In this section “harm” means any adverse impact on the condition of any hydromorphological quality element affecting the controlled waters that would be likely to prevent the achievement of the environmental objectives applicable to the controlled waters (whether by itself or in combination with other factors), other than an adverse impact caused by the entry into or presence in those waters of any poisonous, noxious or polluting matter or waste matter.

(3)In subsection (2) “environmental objectives” and “hydromorphological quality element” have the same meaning as in the Water Framework Directive.

(4)The [F3appropriate agency] shall be entitled to carry out works and operations for any of the following purposes (so far as it is reasonably practicable to achieve them)—

(a)removing the source of potential harm;

(b)preventing any harm or further harm being caused to the controlled waters;

(c)in a case where the controlled waters are being or have been harmed—

(i)remedying or mitigating the effects of the harm;

(ii)restoring the waters, including any flora and fauna dependent on the aquatic environment of the waters, to their state immediately before any harm was caused.

(5)The [F3appropriate agency] shall be entitled to carry out investigations for the purpose of establishing any of the following—

(a)the source of any harm or potential harm to the controlled waters;

(b)the nature and effects of any harm caused or likely to be caused to those waters; and

(c)the identity of any responsible persons.

(6)Without prejudice to the power of the [F3appropriate agency] to carry out those investigations, the powers conferred by subsection (4) shall only be exercisable in a case where—

(a)the [F3appropriate agency] considers it necessary to carry out forthwith any works or operations falling within that subsection; or

(b)it appears to the [F3appropriate agency] , after reasonable enquiry, that no responsible person can be found on whom to serve a works notice.

(7)In this section “responsible person” means a person who has caused or knowingly permitted—

(a)any harm to be caused to the controlled waters; or

(b)a source of potential harm to exist that is likely, in the opinion of the [F3appropriate agency], to cause harm to the controlled waters.]

Textual Amendments

Modifications etc. (not altering text)

C2Ss. 161-161D modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)