The Barking Barrage Order 1995

Interpretation

57.—(1) For the protection of the River Authority the provisions of this Part shall, unless otherwise agreed in writing between the Borough and the River Authority, have effect.

(2) In this Part—

• “construction” includes execution, placing and altering and in relation to temporary works, includes removal; and “construct” and “constructed” have corresponding meanings;

• “drainage work” means any watercourse and includes any land used for providing flood storage capacity for any watercourse and any bank, wall, embankment or other structure or appliance constructed or used for defence against water (including sea water);

• “the fishery” means fish in, or migrating to or from, the River Thames or the river and the spawn, habitat or food of such fish;

• “fish pass” is a fish pass or passes incorporated in the barrage suitable for the upstream and downstream passage of migratory fish and eels;

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

• “specified work” means so much of any work or operation authorised by this Order as is in, on, under or over a watercourse or is otherwise likely to—

  (a)

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

  (b)

  affect the flow, purity or quality of water in any watercourse;

  (c)

  cause obstruction to the free passage of fish in any watercourse;

  (d)

  affect the conservation, distribution or use of water resources contained in the aquifer lying beneath the Borough; or

  (e)

  affect the ability of the River Authority to fulfil its statutory duties in relation to the environment or recreation; and “watercourse” has the meaning given to it in section 72 of the Land Drainage Act 1991.