66.—(1) In so far as the Agency might enter into an agreement with owners of land or others in relation to the construction, operation and maintenance of the authorised works, the Agency may do so as though it was acting pursuant to section 158 of the Water Resources Act 1991 in any case to which paragraph (2) applies.
(2) This paragraph applies where an agreement entered into between the Agency and owners of land or others—
(a)relates to the construction, operation or maintenance of the authorised works; and
(b)expressly states that—
(i)it is being entered into pursuant to this article, and
(ii)it is the agreed intention of the parties that the agreement is being entered into pursuant to section 158 of the Water Resources Act 1991.
(3) Section 158 of the Water Resources Act 1991 applies to agreements entered into pursuant to this article notwithstanding the absence, in section 158(1)(a), of any reference to the Agency’s functions under Part 4 of that Act (flood defence).