Part 2Miscellaneous

I1I238Incidental flooding or coastal erosion: F5appropriate agency

1

If Conditions 1, 2 and 3 are satisfied F1the appropriate agency may carry out work of a kind listed in section 3(3)(a) to (e) in a way that will or may cause—

a

flooding,

b

an increase in the amount of water below the ground, or

c

coastal erosion.

2

Condition 1 is that F1the appropriate agency considers the work in the interests of—

a

nature conservation (including conservation of the landscape),

b

preservation of cultural heritage, or

c

people's enjoyment of the environment or of cultural heritage.

3

Condition 2 is that F1the appropriate agency considers the benefits of the work will outweigh the harmful consequences for matters listed in section 2(4)(a) to (d).

4

Condition 3 is that F1the appropriate agency has consulted—

F2za

the other appropriate agency, if—

i

the work is carried out in its area, or

ii

consequences of the kinds listed in subsection (1) are likely to occur in its area,

a

the lead local flood authority for the area in which the work is to be carried out,

b

the district council (if any) for that area,

c

the internal drainage board (if any) for that area, and

d

persons who own or occupy land that, in the opinion of F1the appropriate agency, is likely to be directly affected by the work.

5

In carrying out work in reliance on this section, F1the appropriate agency must have regard to—

a

the national flood and coastal erosion risk management strategies under sections 7 and 8,

b

any guidance issued under those sections,

c

the local flood risk management strategy under section 9 or 10 for the area concerned, and

d

any guidance issued under those sections by the lead local flood authority for the area concerned.

6

The Agency may arrange for work to be carried out in reliance on this section on the F3appropriate agency's behalf by—

a

a lead local flood authority,

b

a district council, or

c

an internal drainage board.

7

Subsection (1) may be relied on to carry out work whether or not it forms part of the exercise of other powers; but nothing in subsection (1) restricts the powers of F1the appropriate agency under another enactment.

8

The Minister must by order apply to this section (with or without modifications) provisions of the Water Resources Act 1991 about—

a

compulsory purchase,

b

powers of entry, and

c

compensation.

9

An order under subsection (8) may not be made unless a draft has been laid before and approved by resolution of—

a

each House of Parliament, in the case of an order made by the Secretary of State, or

b

the National Assembly for Wales, in the case of an order made by the Welsh Ministers.

10

In this section “the Minister” means—

a

the Secretary of State in relation to England, and

b

the Welsh Ministers in relation to Wales.

F410A

In this section—

  • “the appropriate agency” means—

    1. a

      the Environment Agency, in relation to work for the benefit of England, and

    2. b

      the Natural Resources Body for Wales, in relation to work for the benefit of Wales;

  • “area”, in relation to an appropriate agency, means—

    1. a

      in the case of the Environment Agency, England, and

    2. b

      in the case of the Natural Resources Body for Wales, Wales.

11

Other expressions in this section have the same meaning as in Part 1.