The Environmental Permitting (England and Wales) Regulations 2016

Dredging of man-made ditches, land drains, agricultural drains and previously straightened watercourses in England E+W

23.—(1) Dredging of no more than 1.5 kilometres of man-made ditches, land drains, agricultural drains and previously straightened watercourses classified as main rivers in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works do not occur in any location where dredging has been carried out within the previous 3 years,

(b) the works do not occur in any location on a watercourse where dredging has taken place within 1.5 kilometres upstream or downstream of that location in the previous 12 months,

(c) the works are completed within 3 years of registration of the exemption,

(d) the works do not damage the bed or banks of the main river,

(e) the dredging does not include the removal of gravel,

(f) the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river,

(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 works do not occur in, or within one 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,

(j) the dredging and subsequent deposition of dredged 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,

(k) the works do not occur between 15th March and 15th June inclusive in any year,

(l) 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,

(m) the works and any equipment used comply with the dredging and removal of silt and sand requirements,

(n) 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,

(o) the works do not occur in a designated sensitive water body,

(p) on a non-tidal main river, the works do not occur within 8 metres of a flood defence structure or river control works, and

(q) on a tidal main river, the works do not occur within 16 metres of a flood defence structure or sea defence.