3.—(1) The Agency may—
(a)construct and maintain the scheduled works; and
(b)break out and remove such structures that are contained within the limits of deviation as may be necessary or expedient for or in connection with the construction or maintenance of the scheduled works.
(2) Subject to article 4 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
(3) Subject to paragraph (6), the Agency may carry out and maintain such of the following works as may be necessary or expedient for the purpose of, or for purposes ancillary, to the construction of the scheduled works, namely—
(a)works for the strengthening, alteration or demolition, in whole or in part, of any building, structure or erection;
(b)works for the removal or retention, with such modifications as the Agency sees fit, of the existing velocity control structure in the river;
(c)works to alter the position of any street furniture or apparatus, including mains, sewers, drains, pipes, cables and lights;
(d)works to alter the course of, or otherwise interfere with, watercourses;
(e)landscaping, ecological and other works to mitigate any adverse effects of the construction, maintenance or operation of the other authorised works; and
(f)facilities and works for the benefit or protection of land or premises affected by the authorised works.
(4) Subject to paragraph (6) the Agency may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works.
(5) Where the Agency lays down conduits for the accommodation of cables or other apparatus for the purposes of or associated with the authorised works it may provide in, or in connection with, such conduits, accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits and facilities on such terms and conditions as may be agreed between it and such other person.
(6) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works within the limits of deviation.
(7) Section 9 of the Salmon and Freshwater Fisheries Act 1975(1) does not apply to the construction of the authorised works or to their alteration.
Commencement Information
I1Art. 3 in force at 7.8.2012, see art. 1
4.—(1) Subject to paragraph (2), in constructing or maintaining any of the scheduled works the Agency may modify the design, as shown on the works plans and sections, of the scheduled works and deviate—
(a)laterally from the lines or situations shown on the works plans to any extent within the limits of deviation; and
(b)vertically from the levels shown on the sections to any extent upwards or downwards.
(2) The scheduled works must be so constructed that the unobstructed opening between the walls of the barrier, as shown on the works plans and sections, is not less than 20 metres wide.
(3) Nothing in paragraph (3) or paragraph (4) of article 3 (power to construct and maintain works) authorises the Agency to execute any works in contravention of the restrictions imposed by paragraph (2) of this article.
Commencement Information
I2Art. 4 in force at 7.8.2012, see art. 1