Flood and Water Management Act 2010 (c. 29)

SCHEDULES

SCHEDULE 2 E+W Risk Management: Amendment of Other Acts

Coast Protection Act 1949 E+W

1 E+W The Coast Protection Act 1949 is amended as follows.

Commencement Information

I1 Sch. 2 para. 1 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I2 Sch. 2 para. 1 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

2 E+W Section 2 (constitution of coast protection boards) is repealed.

Commencement Information

I3 Sch. 2 para. 2 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I4 Sch. 2 para. 2 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

3 E+W After section 2 insert—

“2A Coastal erosion risk management authorities

The following are “coastal erosion risk management authorities” for the purposes of this Act—

(a) coast protection authorities, and

(b) the Environment Agency.”

Commencement Information

I5 Sch. 2 para. 3 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I6 Sch. 2 para. 3 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

4 (1) Section 4 (general powers) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) A coast protection authority may carry out coast protection work inside or outside the authority's district if Conditions 1 and 2 are satisfied.

(1A) Condition 1 is that the authority thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010.

(1B) Condition 2 is that the purpose of the work is to manage a coastal erosion risk, within the meaning of Part 1 of the Flood and Water Management Act 2010, in the authority's district.

(1C) The Environment Agency may carry out coast protection work if it thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010.”

(3) Omit subsection (2).

(4) In subsection (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I7 Sch. 2 para. 4 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I8 Sch. 2 para. 4 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

5 (1) Section 5 (coast protection work: objections and approvals) is amended as follows. E+W

(2) In subsection (1)—

(a) for “coast protection authority” substitute “ coastal erosion risk management authority ”,

(b) for “area of the authority” substitute “ area in which the proposed work is to take place ”, and

(c) for the words from “on the Environment Agency” to the end substitute “ on the persons listed in subsection (1A). ”

(3) After subsection (1) insert—

“(1A) The notice shall be served—

(a) on any internal drainage board in whose district any of the work is to be carried out, and

(b) in the case of work proposed by a coast protection authority, on the Environment Agency.”

(4) In subsection (3) for “and on the authority” substitute “ , the authority proposing to carry out the work and, in the case of work proposed by a coast protection authority, the Environment Agency ”.

(5) In subsection (5)—

(a) at the beginning insert “ In the case of work proposed by a coast protection authority, ” and

(b) for “Minister” substitute “ Environment Agency ”.

(6) After subsection (5) insert—

“(5A) In the case of work proposed by the Environment Agency, the Agency—

(a) may not begin the work before the time for serving notices of objection has expired and any objections have been determined by the Minister, and

(b) must have regard to any determination of the Minister in deciding whether to carry out the proposed work, with or without modification.”

(7) In subsection (6)—

(a) for “coast protection authority”, in the first place where it occurs, substitute “ coastal erosion risk management authority ”,

(b) for “the coast protection authority shall” substitute “ the authority shall ”,

(c) in paragraph (a) for “where it is not represented on the coast protection authority” substitute “ (in the case of work carried out by a coast protection authority) ”, and

(d) in paragraph (b) omit “which are not so represented and”.

Commencement Information

I9 Sch. 2 para. 5 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I10 Sch. 2 para. 5 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

6 E+W In section 6 (power to make schemes for carrying out work) in subsection (1) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I11 Sch. 2 para. 6 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I12 Sch. 2 para. 6 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

7 (1) In section 8(1) (confirmation of works schemes)— E+W

(a) for “coast protection authority” substitute “ coastal erosion risk management authority ”,

(b) for “area of the authority” substitute “ area in which the proposed work is to take place ”, and

(c) after “Environment Agency” insert “ (in the case of a scheme prepared by a coast protection authority) ”.

(2) In section 8(5) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I13 Sch. 2 para. 7 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I14 Sch. 2 para. 7 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

8 E+W In section 9 (carrying out of work) in subsection (4) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I15 Sch. 2 para. 8 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I16 Sch. 2 para. 8 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

9 E+W In section 10 (recovery of coast protection charges) in subsections (2), (5) and (8) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I17 Sch. 2 para. 9 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I18 Sch. 2 para. 9 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

10 E+W In section 12 (maintenance and repair) in subsections (1) and (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I19 Sch. 2 para. 10 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I20 Sch. 2 para. 10 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

11 E+W In section 13 (recovery of maintenance cost) in subsections (1), (3)(b), (4) and (6) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I21 Sch. 2 para. 11 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I22 Sch. 2 para. 11 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

12 (1) Section 14 (compulsory acquisition of land) is amended as follows. E+W

(2) In subsection (1)—

(a) for “coast protection authority” insert “ coastal erosion risk management authority ”, and

(b) omit from “Provided that” to the end.

(3) Omit subsection (2).

Commencement Information

I23 Sch. 2 para. 12 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I24 Sch. 2 para. 12 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

13 E+W In section 19 (compensation for depreciation of value of an interest in land) in subsections (1) and (2) for “coast protection authority”, in each place, substitute “ coastal erosion risk management authority ”.

Commencement Information

I25 Sch. 2 para. 13 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I26 Sch. 2 para. 13 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

14 E+W Section 20 (contributions towards expenses) is repealed.

Commencement Information

I27 Sch. 2 para. 14 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I28 Sch. 2 para. 14 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

15 E+W Section 21 (grants to coast protection authorities) is repealed.

Commencement Information

I29 Sch. 2 para. 15 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I30 Sch. 2 para. 15 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

16 E+W In section 23 (power to sell materials) in subsections (1) and (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I31 Sch. 2 para. 16 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I32 Sch. 2 para. 16 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

17 E+W In section 24 (arbitrations) in subsection (3) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I33 Sch. 2 para. 17 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I34 Sch. 2 para. 17 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

18 E+W In section 25 (powers of entry and inspection) in subsections (1) and (9)(b) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I35 Sch. 2 para. 18 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I36 Sch. 2 para. 18 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

19 E+W In section 26 (power to require information) in subsections (1) and (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I37 Sch. 2 para. 19 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I38 Sch. 2 para. 19 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

20 E+W In section 27 (acquisition of right of passage) in subsections (1), (4)(b) and (5) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I39 Sch. 2 para. 20 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I40 Sch. 2 para. 20 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

21 E+W In section 28 (power of Minister to facilitate coast protection work) in subsections (1) and (2) for “coast protection authority”, in each place, substitute “ coastal erosion risk management authority ”.

Commencement Information

I41 Sch. 2 para. 21 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I42 Sch. 2 para. 21 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

22 E+W In section 44 (regulations and orders) in subsection (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I43 Sch. 2 para. 22 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I44 Sch. 2 para. 22 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

23 E+W In section 45 (service) in subsection (2) for “coast protection authority” substitute “ coastal erosion risk management authority ”.

Commencement Information

I45 Sch. 2 para. 23 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I46 Sch. 2 para. 23 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

24 E+W In section 49 (interpretation) for the definition of “coast protection work” substitute—

““coast protection work” means any of the following done for the purpose of managing a coastal erosion risk (within the meaning of Part 1 of the Flood and Water Management Act 2010)—

(a) anything done to construct, alter, repair, maintain or remove works;

(b) anything done for the purpose of maintaining or restoring natural processes;

(c) planting vegetation.”

Commencement Information

I47 Sch. 2 para. 24 in force at 19.7.2011 for E. by S.I. 2011/1770, art. 3(d) (with art. 4(1))

I48 Sch. 2 para. 24 in force at 1.10.2011 for W. by S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))