The Great Yarmouth Third River Crossing Development Consent Order 2020

28.—(1) The following provisions of this Part of this Schedule apply for the protection of the Agency unless otherwise agreed in writing between the Agency and the undertaker.

(2) In this Part of this Schedule—

“the Agency” means the Environment Agency;

“drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river, and any bank, wall or embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring but excludes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage in respect of ordinary watercourses;

“excluded flood risk activity” means any licensable marine activity authorised by article 56 (deemed marine licence);

“the fishery” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish;

“main river” means all watercourses shown as such on the statutory main river maps held by the Agency and the Department for Environment Food and Rural Affairs including any structure or appliance for controlling or regulating the flow of water in or out of the watercourse;

“ordinary watercourse” has the meaning given to it by section 72(1) (interpretation) of the Land Drainage Act 1991(1)

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

“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 other surface waters or ground water;

(c)

cause obstruction to the free passage of fish or damage to any fishery;

(d)

affect the conservation, distribution or use of water resources; or

(e)

affect the conservation value of the main river and habitats in its immediate vicinity;

but does not include any excluded flood risk activity; and

“Work No.6A(iii)” means Work No. 6A(iii) as is described in Schedule 1 (authorised development).

(1)

1991 c. 59. Section 72(1) has been amended by paragraph 194(1) of Schedule 22 to the Environment Act 1995 (c. 25), paragraph 39 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.