SCHEDULE 12Protective provisions

PART 1Protection for Environment Agency and drainage authorities

2.

In this Part—

“construction” includes execution, placing, altering, replacing, relaying and removal; and “construct” and “constructed” must be construed accordingly;

“drainage authority” means—

(a)

in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 of the Land Drainage Act 1991; and

(b)

in relation to a main river or any sea defence work, the Environment Agency;

“drainage work” means any watercourse other than the River Humber and includes any land that provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, sea defence or tidal monitoring;

“ordinary watercourse” has the meaning given in the Land Drainage Act 199154;

“plans” includes sections, drawings, specifications and method statements;

“relevant undertaker” means—

(a)

in relation to specified work that is Project A works or associated development or ancillary works relating to Project A works, Optimus Wind;

(b)

in relation to specified work that is Project B works or associated development or ancillary works relating to Project B works, Breesea; and

(c)

in relation to specified work that is shared works or associated development or ancillary works relating to shared works, Optimus Wind and Breesea;

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to—

(a)

affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

(b)

affect the flow, purity, or quality of water in any watercourse; or

(c)

affect the conservation, distribution or use of water resources.