The A303 Sparkford to Ilchester Dualling Development Consent Order 2021

19.  In this Part of this Schedule— E+W

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

“drainage authority” means—

(a)

the drainage board concerned within the meaning of section 23 M1 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991;

(b)

in the case where the drainage board concerned is a member of the Somerset Drainage Board Consortium, that Consortium; or

(c)

in the case of any area for which there is no such drainage board, the lead local flood authority within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010 M2 ;

“drainage work” means any watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence which is the responsibility of the drainage authority subject to such changes as notified to the undertaker;

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

“plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments 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 9 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.

Commencement Information

I1 Sch. 8 para. 19 in force at 19.2.2021, see art. 1

Marginal Citations

M1 1991 c. 59. The definition of “drainage board” is in section 23(8), which was amended by paragraph 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29),

M2 2010 c. 29.