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22.—(1) The removal of silt and sand adjacent to in-river structures in England.
(2) For the purposes of this paragraph, the specific conditions are—
(a)the works take place no more than 10 metres upstream or downstream from the edge of the structure,
(b)the removal of silt and sand does not affect the structural integrity of the structure,
(c)the works do not damage the banks or bed of the main river,
(d)the works are limited to the removal of accumulated silt and sand on the established bed of the main river,
(e)the removal of silt and sand does not expose the structural foundations or footings of the structure,
(f)silt and sand is not removed to below the level of the base of the inside of an adjacent culvert,
(g)the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,
(h)the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,
(i)the removal of silt and sand does 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(1) or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016(2),
(j)the removal of silt and sand and its subsequent deposition 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,
(k)the removal of silt and sand does not occur between 15th March and 15th June inclusive in any year,
(l)on a main river that is a designated salmonid river, the removal of silt and sand does not occur between 1st October and 14th March inclusive in any year,
(m)the works and any equipment used to remove the sand and silt comply with the dredging and removal of silt and sand requirements,
(n)the works are not carried out in, or within one 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, and
(o)the removal of silt and sand does not occur in a designated sensitive water body.
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