Flood and Water Management Act 2010

Consent to alteration, removal or replacement E+W

6 (1) The responsible authority may by notice given to the owner— E+W

(a) consent to specified alterations, or alterations of a specified kind, to a designated structure or feature;

(b) vary or withdraw consent under paragraph (a) (but not retrospectively).

(2) The responsible authority may by notice given to the owner consent to the removal or replacement of a designated structure or feature.

(3) The authority may give notice under sub-paragraph (1) or (2)—

(a) on the application of the owner, or

(b) if it otherwise thinks it appropriate.

(4) Consent may be—

(a) general or specific;

(b) absolute or conditional.

[F1 (4A) Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in Wales, the Environment Agency must consult the Natural Resources Body for Wales.

(4B) Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in England, the Natural Resources Body for Wales must consult the Environment Agency.]

(5) The responsible authority may refuse to give consent applied for under sub-paragraph (3)(a) only on the ground that, in the authority's opinion, the proposed alteration, removal or replacement would affect a flood risk or a coastal erosion risk.

Textual Amendments

F1 Sch. 1 para. 6(4A)(4B) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 466(3) (with Sch. 7)

Commencement Information

I1 Sch. 1 para. 6 in force at 1.8.2012 by S.I. 2012/2000, art. 2(b)