SCHEDULE 10PROVISIONS FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

2.

In this Schedule—

“damage” includes scouring, erosion and environmental damage and “damaged” shall be construed accordingly;

“construction” includes execution, placing, altering, replacing, relaying and removal, and “construct” and “constructed” shall be construed accordingly;

“drainage work” means any watercourse, and includes any land which is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence;

“fishery” means any waters containing fish, and fish in, or migrating to or from such waters and the spawn, habitat or food of such fish;

“plans” includes sections, drawings, specifications and method statements;

“specified work” means so much of any authorised works as are in, on, under, over or within 16 metres of a watercourse or are likely to—

(a)

affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

(b)

affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;

(c)

cause obstruction to the free passage of fish or damage to any fishery; or

(d)

affect the conservation, distribution or use of water resources.