The Environmental Permitting (England and Wales) Regulations 2016

Vegetation management activities

1.—(1) For the purpose of paragraphs 5(a)(i) and 6(a)(i) of Schedule 2, the description is cutting or uprooting a substantial amount of vegetation in any inland freshwaters or so near to any such waters that it falls into them, where it is not reasonable to take steps to remove the vegetation from those waters.

(2) For the purpose of paragraphs 5(a)(ii) and 6(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are that—

(a) prior notice of the dates of the water discharge activity is given to persons likely to be affected by such an activity, including—

(i) the owner of any structure within or on the watercourse,

(ii) the owner of any designated site within or on the watercourse,

(iii) fisheries interests,

(iv) boating interests,

(v) the appropriate agency,

(vi) the local authority,

(vii) the internal drainage board (which has the same meaning as in the Land Drainage Act 1991(1)), and

(b) the activity is not carried on if there is insufficient flow to convey the vegetation.

(3) In sub-paragraph (2)(a)(ii), “designated site” means—

(a) a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2010(2)),

(b) a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981(3)),

(c) a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981(4)), or

(d) a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949(5).

(1)

1991 c. 59.

(2)

S.I. 2010/490, amended by S.I. 2012/1927; there are other amending instruments but none is relevant.

(3)

1981 c. 69; section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 (c. 37) and was amended by paragraph 86 of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16), by paragraphs 5 and 7 of Schedule 2 to the Planning (Wales) Act 2015 (anaw. 4) and by S.I. 2013/755 (W. 90).

(4)

The definition was inserted by paragraph 5(2) of Schedule 9 to the Countryside and Rights of Way Act 2000.

(5)

1949 c. 97; section 21 was amended by Schedule 30 to the Local Government Act 1972 (c. 70), by paragraphs 15(e) and 19 of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006, and by paragraph 1 of Part 1 of Schedule 2 to the Environment (Wales) Act 2016 (anaw. 3).