SCHEDULE 3Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 4Exempt flood risk activities: descriptions and conditions

Drinking bays10

1

The construction of a drinking bay on the bank of a main river.

2

For the purposes of this paragraph, the specific conditions are—

a

the bay is not located within 100 metres of any other man-made structure on or in the main river,

b

the bay is surrounded by a post and rail fence which must project into or over the main river no more than 1.2 metres or 10% of the width of the main river, whichever is less,

c

the base of the bay has a surface made of concrete, stone or inert hard core,

d

all excavated material not re-used on the site of the works is removed from the floodplain,

e

the works do not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river,

f

the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

g

the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

h

the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

i

the remainder of the bank is fenced so as to prevent damage to the bank.