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3.—(1) Pursuant to section A1(8) of the 1975 Act the following things are not to be treated as large raised reservoirs for the purpose of that Act—
(a)a mine lagoon which is a tip within the meaning of the Mines Regulations 2014(1);
(b)a quarry lagoon which is—
(i)a tip within the meaning of the Quarries Regulations 1999(2); or
(ii)a disused tip within the meaning of Part 2 of the Mines and Quarries (Tips) Act 1969(3);
(c)a canal or other inland navigation;
(d)structures designed and constructed with the primary purpose of protecting land from the sea: or
(e)a road embankment or railway embankment except where—
(i)the drain or drains through it are artificially blocked for the purposes of using areas upstream to store water; or
(ii)the drain or drains through it are constructed so that water is stored above natural ground level.
(2) Paragraph (1)(c) does not include a reservoir which forms part of a canal or other inland navigation.
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