9.—(1) Where all the conditions in paragraph (2) are satisfied, damage to water does not include—
(a)damage caused by new modifications to the physical characteristics of a surface water body;
(b)an alteration to the level of a body of groundwater pursuant to Directive 2000/60/EC; or
(c)deterioration from high status to good status of a body of surface water resulting from new sustainable human development activities where Article 4(7) of that Directive is complied with.
(2) The conditions are that—
(a)all practicable steps are taken to mitigate the adverse impact on the status of the body of water;
(b)the reasons for these modifications or alterations are specifically set out and explained in the river basin management plan required under Article 13 of Directive 2000/60/EC and the objectives are reviewed every six years;
(c)the reasons for these modifications or alterations are of overriding public interest, or the result of the damage is outweighed by the benefits of the new modifications or alterations to human health, to the maintenance of human safety or to sustainable development; and
(d)the beneficial objectives served by those modifications or alterations cannot, for reasons of technical feasibility or disproportionate cost, be achieved by other means.