SCHEDULE 22Groundwater activities
Notice in relation to a highway drain11
A highway authority or other person entitled to keep open a highway drain by virtue of section 100 of the 1980 Act M1 who operates a highway drain other than under and in accordance with an environmental permit is not guilty of an offence under regulation 38(1) unless—
a
the regulator has served a notice on that person under paragraph 10 of this Schedule, and
b
the notice has taken effect.