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The Incidental Flooding and Coastal Erosion (Wales) Order 2011

Consolidated Text As Enacted Cited authorities 46 Cited in Amendments 1 Related
Vincent
JurisdictionWales
CitationSI 2011/2829 (W302)
Year2011
  • The title of this Order is the Incidental Flooding and Coastal Erosion (Wales) Order 2011; it applies in relation to Wales and comes into force on 1 December 2011.
  • “the
  • “the
    • (1) Subject to paragraphs (3) and (4) , section 154 of the 1991 Act applies for the purposes of section 38 of the 2010 Act as if the functions referred to in section 154(1) of the 1991 Act included functions under section 38 of the 2010 Act.section 157(2) (b) were omitted;the reference in section 157(6) (a) to an order under section 168 were omitted; andsection 157(6) (c) to (e) were omitted.the Habitats Directive in relation to any steps and measures under Article 6 of that Directive or policies under Article 10 of that Directive;the Water Framework Directive in relation to any environmental objectives; orthe Wild Birds Directive in relation to any steps and measures under Articles 2, 3 or 4 of that Directive.“environmental objectives” has the same meaning as in the Water Framework Directive;“the Habitats Directive” (“y Gyfarwyddeb Cynefinoedd”) means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;“the Water Framework Directive” (“y Gyfarwyddeb Fframwaith Dŵr”) means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy; and“the Wild Birds Directive” (“ y Gyfarwyddeb Adar Gwyllt”) means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds.the words “A local authority” were substituted for the words “The Agency” where they first appear in section 154(1) ;the functions referred to in section 154(1) included functions under section 39 of the 2010 Act;the second place they appear in section 154(1) ;where they appear in section 154(2) , (3) and (4) ; andthe second and third places they appear in section 154(6) ; and“local authority” has the same meaning as in section 39(6) of the 2010 Act.the words “A local authority” were substituted for the words “The Agency” where they appear in section 157(1) ;the words “the local authority” were substituted for the words “the Agency” where they appear in section 157(2) (a) and (6) ;section 157(2) (b) were omitted;the reference in section 157(6) (a) to an order under section 168 were omitted;section 157(6) (c) to (e) were omitted; and“local authority” had the same meaning as in section 39(6) of the 2010 Act.(1) Section 170 of the 1991 Acthe functions referred to in section 171(2) (a) included functions under section 38 of the 2010 Act; andsection 171(2) (b) were omitted.the references in paragraphs 1 and 2(1) (a) to powers conferred by sections 169 to 172 of the 1991 Act were references to powers conferred by section 170 or 171 of the 1991 Act as applied by this article;the words “the premises in question are on agricultural land,” were inserted after “where” in paragraph 1(2) ;the reference in paragraph 1(3) to the power conferred by section 170 of the 1991 Act were a reference to that power as applied by this article;the reference in paragraph 2(4) to the power conferred by section 171 of the 1991 Act were a reference to that power as applied by this article;references to a power to which Schedule 20 applies were references to any power conferred by section 170 or 171 of the 1991 Act as applied by this article, including a power exercisable by virtue of a warrant under Schedule 20;paragraph 8(2) were omitted; and“agricultural land” had the same meaning as in section 145 of the 1991 Act.where they appear in section 170(1) ; andwhere they first appear in section 170(3) ;where they appear in section 170(2) ; andthe second place they appear in section 170(3) ;the reference

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