Part 4Marine licensing

Chapter 2Exemptions and special cases

Special provisions in certain cases

84Byelaws for flood defence and drainage purposes

1

Schedule 25 to the Water Resources Act 1991 (c. 57) (byelaw making powers of the Environment Agency) is amended as follows.

2

In paragraph 5 (byelaws for flood defence and drainage purposes) after sub-paragraph (3) insert—

3A

If, in any particular case,—

a

a marine licence is needed for the carrying on of any activity,

b

before that activity may be carried on, the consent of the Agency would also be required (apart from this sub-paragraph) by virtue of any byelaw under this paragraph, and

c

the Agency considers that, in view of the terms and conditions that will be included in the marine licence, the requirement for the consent of the Agency may be dispensed with, and issues a notice to that effect,

the requirement for the consent of the Agency does not apply in relation to the carrying on of that activity.

3B

In sub-paragraph (3A) “marine licence” has the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.