SCHEDULE 3Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 4Exempt flood risk activities: descriptions and conditions

Repair of bank slips and erosion

14.—(1) Repair of bank slips and erosion.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the works do not involve removal of material from the bed of the main river other than bank slippage,

(b)the works do not affect more than 10 metres of the bank at any one time,

(c)the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

(d)when the works are finished, the height of the bank does not exceed the lower of—

(i)the height of the bank on either side of the works, and

(ii)the height of the bank prior to the slip or erosion,

(e)the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

(f)any repair of a bank slippage is made using as materials only material that has subsided from that bank,

(g)any repair of erosion uses materials of the same kind as those present on the relevant site,

(h)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(i)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(j)the works do not involve the use of a vehicle or of wheeled or tracked machinery on the bed or banks of the main river.