Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/1783 |
| Year | 1999 |
1999 No. 1783
LAND DRAINAGE
The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999
Made 22th June 1999
Laid before Parliament 24th June 1999
Coming into force 21th July 1999
The Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, acting jointly, being Ministers designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:–
Title, commencement and extent
1.—(1) These Regulations may be cited as the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 and shall come into force on 21st July 1999.
(2) These Regulations apply to England and Wales.
Interpretation
2.—(1) In these Regulations–
“the appropriate Authority” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Wales, the National Assembly for Wales;
“consultation bodies” means–
(a) in relation to improvement works which are to be carried out in England, the Nature Conservancy Council for England3and the Countryside Agency4;
(b) in relation to improvement works which are to be carried out in Wales, the Countryside Council for Wales5; and
(c) any other public authority, statutory body or organisation which, in the opinion of the drainage body proposing any improvement works, has an interest in those improvement works;
“the Directive” means Council Directive 85/337/EEC6as amended by Council Directive 97/11/EC7on the assessment of the effects of certain public and private projects on the environment;
“district” includes metropolitan district;
“drainage” includes defence against water including sea water;
“drainage body” means any of the following public authorities which initiates improvement works, namely–
(a) the Environment Agency8;
(b) an internal drainage board; and
(c) the council of a county, a county borough, a district or a London borough, the Common Council of the City of London or the Council of the Isles of Scilly;
“EEAEEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“environmental statement” means a statement–
(a) that includes such of the information referred to in Schedule 1 as is reasonably required to assess the environmental effects of the improvement works and which the drainage body can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but
(b) that includes at least the following–
(i) a description of the improvement works comprising information on the site, design and size of the improvement works;
(ii) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
(iii) the data required to identify and assess the main effects which the improvement works are likely to have on the environment;
(iv) an outline of the main alternatives studied by the drainage body and an indication of the main reasons for their choice, taking into account the environmental effects;
(v) a non-technical summary of the information provided under sub-paragraphs (i) to (iv) above;
“improvement works” means works which are–
(a) the subject of a project to deepen, widen, straighten or otherwise improve any existing watercourse or remove or alter mill dams, weirs or other obstructions to watercourses, or raise, widen or otherwise improve any existing drainage work; and
(b) permitted development by virtue of Part 14 or 15 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 19959;
“watercourse” includes any river and stream and any ditch, drain, cut, culvert, dike, sluice, sewer (other than public sewer as defined in section 219(1) of the Water Industry Act 199110) and any passage through which water flows.
(2) Expressions used in these Regulations and in the Directive shall have the same meaning in these Regulations as they have in the Directive.
(3) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations bearing that number.
Restriction on improvement works
3.—(1) Subject to paragraph (2) below, a drainage body shall not carry out any improvement works unless–
(a)
(a) they have complied with the requirements of these Regulations in relation to those improvement works; and
(b)
(b) where a proposal is referred to the appropriate Authority under regulation 12(4)–
(i) that Authority has consented to the carrying out of the improvement works; and
(ii) the works are carried out in accordance with any conditions to which the consent is subject.
(2) In accordance with Article 2(3) of the Directive, the appropriate Authority may direct that particular improvement works are exempted from the application of these Regulations.
(3) No direction shall be made under paragraph (2) above where either the appropriate Authority or the drainage body are aware that the proposed improvement works would be likely to have significant effects on the environment of another EEAEEA State.
(4) Where the appropriate Authority makes a direction under paragraph (2) above it shall–
(a)
(a) send a copy of the direction to the drainage body; and
(b)
(b) publish in at least two newspapers local to the site of the proposed improvement works a notice which briefly describes the proposed works, explains the effect of the direction and explains the reasons for it.
Determination of whether improvement works have significant effects on the environment
4. In relation to all improvement works, the drainage body, taking into account the selection criteria in Schedule 2, shall determine whether the proposed improvement works are likely to have significant effects on the environment.
Requirements where a drainage body consider improvement works are not likely to have significant effects on the environment
5.—(1) Where, under regulation 4 above, a drainage body consider that the improvement works are not likely to have significant effects on the environment, they shall, by notice in at least two local newspapers–
(a)
(a) announce that they propose to carry out the improvement works in question;
(b)
(b) describe briefly the nature, size and location of the proposed improvement works;
(c)
(c) state that they do not intend to prepare an environmental statement in respect of the proposed improvement works; and
(d)
(d) give notice that any person who wishes to do so should make representations to them in writing in relation to the likely environmental effects of the proposed improvement works at an address specified in the notice within 28 days of the date of publication of the notice.
(2) A drainage body which publishes a notice under paragraph (1) above shall, on or before the date of such publication, supply a copy of the notice to each of the consultation bodies so that they have an opportunity to make representations in relation to the likely environmental effects of the proposed improvement works before expiry of the period specified in the notice.
(3) Where, within the period provided for in paragraph (1)(d) above, no representations have been made to the effect that the works are likely to have significant effects on the environment, the drainage body may proceed to carry out the improvement works.
(4) Where, following the period provided for in paragraph (1)(d) above, the drainage body consider (whether in the light of any representations or otherwise) that the improvement works are likely to have significant effects on the environment, they shall so determine.
(5) Where, within the period provided in paragraph (1)(d) above, any representations have been made to the effect that the works are likely to have significant effects on the environment and, notwithstanding those representations, the drainage body still consider that the improvement works are not likely to have significant effects on the environment, they shall apply to the appropriate Authority for a determination of whether the improvement works are likely to have significant effects on the environment and shall provide the Authority with all the relevant facts and copies of all relevant documents in their possession.
(6) Where the appropriate Authority considers that the information and copy documents provided in accordance with paragraph (5) above do not provide sufficient information to enable a determination to be made, that Authority shall notify the drainage body in writing of the points on which further information is required and may make a written request to the drainage body for such information as they may be able to provide on the points raised.
(7) Where an application is made to the appropriate Authority under paragraph (5) above, that Authority shall, taking into account the selection criteria in Schedule 2, determine whether the improvement works are likely to have significant effects on the environment and shall inform the drainage body in writing of their determination.
Notification of determination that improvement works are likely to have significant effects on the environment
6.—(1) This regulation applies where–
(a)
(a)...
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