The Mallard Pass Solar Farm Order 2024

49.—(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—

“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 or tidal monitoring;

“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;

“Gwash to Glen pipeline” means the pipeline running from the River Gwash to River Glen for the purposes of transferring water shown indicatively on the Gwash to Glen pipeline plan;

“Gwash to Glen pipeline plan” means the Gwash to Glen Transfer Scheme, Trunk Main – Plan & Longitudinal Section, September 1987;

“GPR pipeline plan” means the plan produced pursuant to paragraph 58(1);

“main river” has the same meaning given in section 113 of the Water Resources Act 1991;

“remote defence” means any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river;

“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—

(a)

8 metres of the base of a remote defence which is likely to—

(i)

endanger the stability of, cause damage or reduce the effectiveness of that remote defence; or

(ii)

interfere with the Agency’s access to or along that remote defence;

(b)

8 metres of a drainage work or is otherwise likely to—

(i)

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

(ii)

affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;

(iii)

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

(iv)

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

(v)

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

(c)

3.5 metres of the Gwash to Glen pipeline as shown on the GPR pipeline plan produced pursuant to paragraph 58(1);

or which involves—

(d)

an activity that includes dredging, raising or taking of any sand, silt, ballast, clay, gravel or other materials from or off the bed or banks of a drainage work (or causing such materials to be dredged, raised or taken) including hydrodynamic dredging or desilting; and

(e)

any quarrying or excavation within 16 metres of a drainage work which is likely to cause damage to or endanger the stability of the banks or structure of that drainage work; and

“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, basins, sewers and passages through which water flows except a public sewer.