PART 6Powers and functions of the regulator and the appropriate authority

Power of the regulator to prevent or remedy effects of flood risk activities58

1

If the regulator considers that the carrying on of an exempt flood risk activity or a flood risk activity under an environmental permit involves a risk specified in paragraph (2), it may arrange for steps to be taken to remove that risk.

2

The following are risks specified for purposes of paragraph (1)—

a

risk of serious flooding;

b

risk of serious detrimental impact on drainage;

c

risk of serious harm to the environment.

3

If the regulator arranges for steps to be taken under this regulation, it may recover the cost of taking those steps from the operator.

4

But costs are not recoverable under paragraph (3)—

a

if the steps referred to in paragraph (1) are taken in relation to a risk specified in paragraph (2) and the operator shows there was no such risk, or

b

to the extent that the operator shows that the costs were unnecessarily incurred by the regulator.