Statutory Instruments 1999 No. 1783
The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999
- continued

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Charges
     13.  - (1) A reasonable charge reflecting printing and distribution costs may be made to-

    (2) Regulation 9(1) shall not prevent an authority imposing a reasonable charge for the identification, preparation and copying of any information or making the payment of such a charge a condition of providing the information.

Enforcement
    
14.  - (1) If a drainage body carries out improvement works-

the appropriate Authority may apply to the Court for any of the following orders-

    (2) An order made under paragraph 1(ii) or (iii) above may provide that, if the drainage body fails to comply with the order within a specified period, the appropriate Authority may remove any work carried out and reinstate the site and may recover the reasonable costs and expenses of doing so from the drainage body as a debt due from that body.

    (3) In this regulation, "the Court" means the County Court for the district in which improvement works are being carried out or the High Court.

Revocations, savings and amendments
    
15.  - (1) Subject to paragraph (2) below, the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988[12] and the Land Drainage Improvement Works (Assessment of Environmental Effects) (Amendment) Regulations 1995[13] are hereby revoked.

    (2) Nothing in paragraph (1) above shall affect the continued application of the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988[14] (hereinafter called "the 1988 Regulations ") to any proposed improvement works in respect of which, before the date of coming into force of these Regulations, a drainage body-

    (a) under paragraph (2) of regulation 3 of the 1988 Regulations, have considered whether those works are likely to have significant effects on the environment; and

    (b) under paragraph (3) or (4) of that regulation, have published a notice of their intention to prepare or not to prepare an environmental statement, as the case may be.

    (3) In article 3(12)(b) of the Town and Country Planning (General Permitted Development) Order 1995[15] for the words "the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988" there shall be substituted the words "the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999".


Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

22nd June 1999



Signed by the authority of the Secretary of State for Wales


Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office

22nd June 1999



SCHEDULE 1
Regulation 2(1)


INFORMATION IN ENVIRONMENTAL STATEMENT


     1. Description of the improvement works, including in particular-

    (a) a description of the physical characteristics of the whole improvement works and the land-use requirements during the construction and operational phases;

    (b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

    (c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed improvement works.

     2. 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.

     3. A description of the aspects of the environment likely to be significantly affected by the proposed improvement works, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

     4. A description of the likely significant effects of the proposed improvement works on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the improvement works, resulting from-

    (a) the existence of the improvement works;

    (b) the use of natural resources;

    (c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the drainage body of the forecasting methods used to assess the effects on the environment.

     5. A description of the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects on the environment.

     6. A non-technical summary of the information provided under paragraphs 1 to 5 above.

     7. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the drainage body in compiling the required information.



SCHEDULE 2
Regulations 4 and 5(7)


IMPROVEMENT WORKS HAVING A SIGNIFICANT EFFECT ON THE ENVIRONMENT: SELECTION CRITERIA


Characteristics of improvement works
     1. The characteristics of improvement works must be considered having regard, in particular, to:

    - the size of the improvement works;

    - the cumulation with other improvement works;

    - the use of natural resources;

    - the production of waste;

    - pollution and nuisances;

    - the risk of accidents, having regard in particular to substances or technologies used.

Location of improvement works
     2. The environmental sensitivity of geographical areas likely to be affected by improvement works must be considered, having regard, in particular, to:

    - the existing land use;

    - the relative abundance, quality and regenerative capacity of natural resources in the area;

    - the absorption capacity of the natural environment, paying particular attention to the following areas:

Characteristics of the potential impact
     3. The potential significant effects of improvement works must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to:

    - the extent of the impact (geographical area and size of the affected population);

    - the transfrontier nature of the impact;

    - the magnitude and complexity of the impact;

    - the probability of the impact;

    - the duration, frequency and reversibility of the impact.



SCHEDULE 3
Regulation 11


INFORMATION FOR OTHER EEA STATES


     1. Where it appears to a drainage body that improvement works would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected requests, the drainage body shall-

    (a) inform the appropriate Authority without delay; and

    (b) supply to the appropriate Authority all information or documents in their possession which are reasonably required by the appropriate Authority for the purpose of complying with the requirements of this Schedule.

     2. Where it appears to the appropriate Authority that improvement works would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected requests, the appropriate Authority shall-

    (a) send to the EEA State as soon as possible, and no later than the date of publication required by sub-paragraph (b) of this paragraph, the particulars mentioned in paragraph 3 below and, if the Authority thinks fit, the information mentioned in paragraph 4 below;

    (b) publish the information referred to in sub-paragraph (a) above in a notice placed in the London Gazette with an indication of where further information is available;

    (c) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide; and

    (d) inform the drainage body.

     3. The particulars referred to in paragraph 2(a) above are-

    (a) a description of the improvement works, together with any available information on their possible significant effect on the environment in another EEA State; and

    (b) information on the nature of the determination which may be made.

     4. Where an EEA State indicates, in accordance with paragraph 2(c) above, that it wishes to participate in the procedure for which these Regulations provide, the appropriate Authority shall as soon as possible send to that EEA State the following information:-

    (a) a copy of the proposal for the improvement works;

    (b) a copy of the environmental statement in respect of the improvement works; and

    (c) relevant information regarding the procedure under these Regulations,

but only to the extent that such information has not been provided to the EEA State earlier under paragraph 2(a) above.

     5. The appropriate Authority, insofar as concerned, shall also-

    (a) arrange for the particulars and information referred to in paragraphs 3 and 4 to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the Directive and the public concerned in the territory of the EEA State likely to be significantly affected; and

    (b) ensure that those authorities and the public concerned are given an opportunity, before a determination is made as to whether the improvement works should proceed, to forward to the appropriate Authority, within a reasonable time, their opinion on the information supplied.

     6. The appropriate Authority shall in accordance with Article 7(4) of the Directive,-

    (a) enter into consultations with the EEA State concerned regarding, inter alia, the potential significant effects of the improvement works on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects, and

    (b) determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.

     7. Where an EEA State has been consulted in accordance with paragraph 6, the appropriate Authority shall inform the EEA State of the determination in respect of the improvement works in question and shall forward to it a statement of-

    (a) the content of the determination and any conditions attached thereto;

    (b) the main reasons and considerations on which the determination is based; and

    (c) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the improvement works.



SCHEDULE 4
Regulation 12


ENVIRONMENTAL FACTORS


The environmental factors are-

    (a) human beings, fauna and flora;

    (b) soil, water, air, climate and the landscape;

    (c) material assets and the cultural heritage; and

    (d) the interaction between the factors mentioned in sub-paragraphs (a) to (c) above.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which replace the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988 (as amended), implement in part Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L175, 5.7.85, p. 40), following its amendment by Council Directive 97/11/EC (O.J. No. L73, 14.3.97, p. 5).

Directives 85/337/EEC and 97/11/EC were respectively extended to the Contracting Parties of the European Economic Area (EEA) by Article 74 and Annex XX paragraph I.1 of the Agreement on the European Economic Area and by Decision No. 20/1999 of the EEA Joint Committee adopted on 26th February 1999 (not yet published).

The Regulations apply to specified land drainage projects in England and Wales ("improvement works") for which the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) grants planning permission without any requirement for an application to be made under Part III of the Town and Country Planning Act 1990. The Regulations prohibit drainage bodies from carrying out improvement works unless specified conditions are met. First, the requirements of the Regulations must have been complied with, including the preparation of an "environmental statement" for the purposes of assessing improvement works which are likely to have significant effects on the environment. Secondly, in specified cases, the "appropriate Authority" (that is, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales, the National Assembly for Wales) must have given consent and the works must have been carried out in accordance with any conditions to which the consent is subject (regulations 2 and 3).

The principal requirements of the Regulations are as follows:-

    (a) drainage bodies must determine whether improvement works are likely to have significant effects on the environment (regulation 4 and Schedule 2);

    (b) where a drainage body consider improvement works are unlikely to have such effects, they must publicise their intention to carry out the works. If no representations are received to the effect that the environmental effects are likely to be significant, they may proceed. If the drainage body conclude that the works are likely to have significant effects on the environment, they must publicise their determination as described in (c) below. If representations are received to the effect that the environmental effects are likely to be significant but the drainage body still consider otherwise, they must apply to the appropriate Authority for a determination (regulation 5 and Schedule 2);

    (c) where improvement works are determined to be likely to have significant effects on the environment, the drainage body must publicise their intention to prepare an environmental statement, notify specified consultation bodies and prepare the statement (regulations 6 and 7);

    (d) at the request of the drainage body, the appropriate Authority must give an opinion on the contents of the environmental statement (regulation 8) and other authorities must make available any relevant information (regulation 9);

    (e) a drainage body must publicise the preparation of an environmental statement, make it available to the public and copy it to consultation bodies, to allow an opportunity for representations (regulation 10);

    (f) where improvement works would be likely to have significant effects on the environment of another EEA State, the appropriate Authority must provide information to and consult that State (regulation 11 and Schedule 3);

    (g) the environmental effects of the improvement works must be assessed in the light, in particular, of the environmental statement and representations. If there are no objections, the drainage body may determine that they will proceed with the works. If there are objections, the proposal must be referred to the appropriate Authority for a determination consenting or refusing consent to the works. Determinations must be publicised (regulation 12 and Schedule 4).

The Regulations also provide for reasonable charges for copy documents, for enforcement and for revocations, savings and amendments (regulations 13, 14 and 15).


Notes:

[12] S.I. 1988/1217.back

[13] S.I. 1995/2195.back

[14] S.I. 1988/1217 amended by S.I. 1995/2195.back

[15] S.I. 1995/418, to which there are amendments which are not relevant to these Regulations.back

[16] O.J. No. L103, 25.4.79, p. 1.back

[17] O.J. No. L206, 22.7.92, p. 7.back



ISBN 0 11 082920 4


 
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