Section 12: Effect of national and local strategies: Wales, Flood and Water Management Act 2010

In exercising its flood and coastal erosion risk management functions, a Welsh risk management authority must—

act in a manner which is consistent with the national strategy and guidance, and

except in the case of a water company, act in a manner which is consistent with the local strategies and guidance.

In exercising a flood or coastal erosion risk management function in relation to an area in Wales, a water company must have regard to the local strategies and guidance.

In exercising any other function in a manner which may affect a flood risk or coastal erosion risk, a Welsh risk management authority must have regard to the national and local strategies and guidance.

A cross-border internal drainage board for an internal drainage district that is mainly in England must—

act in a manner which is consistent with the local strategies and guidance, and

have regard to the national strategy and guidance.

Subsection (4) does not affect the duties of a cross-border internal drainage board under section 11.

In exercising a function in a manner which may affect a flood risk or coastal erosion risk in Wales, the Environment Agency must have regard to the national and local strategies and guidance.

The Welsh Ministers may by order require a specified person to have regard to the national and local strategies and guidance in exercising a statutory function which may affect a flood risk or coastal erosion risk in Wales.

In this section—

references to the national strategy and guidance are references to (i) the national flood and coastal erosion risk management strategy under section 8, and (ii) any guidance on the national strategy issued by the Welsh Ministers, and

references to the local strategies and guidance are references to (i) any local flood risk management strategy under section 10 for the relevant area, and (ii) any guidance on a local strategy issued by a lead local flood authority.

In subsection (6) "statutory function" means a function conferred by or under an enactment.

Section 12: Effect of national and local strategies: Wales

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