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
Removal of silt, sand and other material in England
21.
(1)
The removal of silt and sand from within bridge arches in England and any material from within culverts in England.
(2)
For the purposes of this paragraph, the specific conditions are—
(a)
the works do not affect the structural integrity of the bridge arch or culvert,
(b)
in the case of works within bridge arches, the removal of silt and sand is limited to the removal of accumulated silt and sand on the established bed of the main river,
(c)
the works do not occur in, or within 1 kilometre 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,
(d)
the works and the subsequent deposition of the removed material 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,
(e)
the works do not occur between 15th March and 15th June inclusive in any year,
(f)
on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,
(g)
the works do not expose the structural foundations or footings of the bridge or culvert,
(h)
the works and any equipment used to remove the sand and silt comply with the dredging and removal of silt and sand requirements,
(i)
the works do not involve the use of machinery on the bed or banks of the main river more than 20 metres from the bridge or culvert,
(j)
the works do not involve the use of a vehicle on the bed or banks of the main river,
(k)
the works do not damage the culvert or the banks or bed of the main river, and
(l)
the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions.