SCHEDULES

SCHEDULE 11 PROTECTIVE PROVISIONS

PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
39. (1) The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.
(2) In this Part of this Schedule—
“the Agency” means the Environment Agency;
“construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct and “constructed” must be construed accordingly;
“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, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence;
“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 such watercourses;
“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 8 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.