38 Incidental flooding or coastal erosion: [appropriate agency]
Flood and Water Management Act 2010 (2010 c 29) | Legislation

38  Incidental flooding or coastal erosion: [appropriate agency]

(1)     If Conditions 1, 2 and 3 are satisfied [the appropriate agency] may carry out work of a kind listed in section 3(3)(a) to (e) in a way that will or may cause—

(a)     flooding,

(b)     an increase in the amount of water below the ground, or

(c)     coastal erosion.

(2)     Condition 1 is that [the appropriate agency] considers the work in the interests of—

(a)     nature conservation (including conservation of the landscape),

(b)     preservation of cultural heritage, or

(c)     people's enjoyment of the environment or of cultural heritage.

(3)     Condition 2 is that [the appropriate agency] considers the benefits of the work will outweigh the harmful consequences for matters listed in section 2(4)(a) to (d).

(4)

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