Insertion of regulation 57A21
After regulation 57 insert—
Power of the regulator to prevent or remedy effects of flood risk activities57A
1
If the regulator considers that the carrying on of an exempt flood risk activity or a flood risk activity under an environmental permit involves a risk specified in paragraph (2), it may arrange for steps to be taken to remove that risk.
2
The following are risks specified for purposes of paragraph (1)—
a
risk of serious flooding;
b
risk of serious detrimental impact on drainage;
c
risk of serious harm to the environment.
3
If the regulator arranges for steps to be taken under this regulation, it may recover the cost of taking those steps from the operator.
4
But costs are not recoverable under paragraph (3)—
a
if the steps referred to in paragraph (1) are taken in relation to a risk specified in paragraph (2) and the operator shows there was no such risk; or
b
to the extent the operator shows that the costs were unnecessarily incurred by the regulator.