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SCHEDULES

SCHEDULE 9E+WPROTECTIVE PROVISIONS

PART 7 E+WFOR THE PROTECTION OF THE ENVIRONMENT AGENCY AND DRAINAGE AUTHORITIES

9.—(1) Without limiting the other provisions of this Part, the undertaker must indemnify the drainage authority in respect of all claims, demands, proceedings, costs, damages, expenses or loss that may be made or taken against, recovered from or incurred by, the drainage authority by reason of—E+W

(a)any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(b)any raising or lowering of the water table in land adjoining the authorised development or any sewers, drains and watercourses; or

(c)any flooding or increased flooding of any such land; and

(d)where the drainage authority is the Environment Agency, inadequate water quality in any watercourse or other surface waters or in any groundwater,

that is caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

(2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

Commencement Information

I1Sch. 9 Pt. 7 para. 9 in force at 22.1.2021, see art. 1