The Environmental Permitting (England and Wales) Regulations 2016

Temporary dewatering in England

7.—(1) The temporary dewatering of a work area in England.

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

(a) the duration of the dewatering is no longer than 4 weeks,

(b) the dewatering is not in place between 15th March and 15th June inclusive in any year,

(c) on a main river that is a designated salmonid river, the dewatering is not in place between 1st October and 14th March inclusive in any year,

(d) the dewatering does not affect more than 10 metres of the bank of a main river at any one time,

(e) the dewatering is not within 8 metres of a flood defence structure or river control works,

(f) the depth of water adjacent to the dewatered area does not exceed 1.2 metres,

(g) the dewatering does 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) all reasonable steps are taken to protect aquatic plants and aquatic animals found in the dewatered area,

(i) the dewatering structure projects into or over the main river no more than 1.2 metres or no more than 10% of the width of the main river, whichever is less,

(j) 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,

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

(l) 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

(m) any pumps used in the dewatering process are fitted with a 20mm mesh screen.