The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2017

Amendments to regulation 2

3.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) at the appropriate place in the alphabetical order insert—

““environmental impact assessment”, in respect of improvement works, means—

(a)

the preparation of an environmental statement by the drainage body;

(b)

the carrying out of consultations under regulations 10 and 12B(6);

(c)

the drainage body’s or the appropriate Authority’s consideration of the environmental statement and other information under regulation 12(1) or 12B(3);

(d)

the drainage body or the appropriate Authority reaching a conclusion about the likely significant environmental effects of the project under regulation 12(2) or 12B(4); and

(e)

the drainage body’s or the appropriate Authority’s consideration of that conclusion under regulation 12A(3) or 12C(2) in the determination of whether or not the improvement works should proceed;”;

““EU environmental assessment” means an assessment carried out—

(a)

under an obligation to which section 2(1) of the European Communities Act 1972 applies (other than under the EIA Directive); or

(b)

under the law of any part of the United Kingdom implementing an EU obligation other than an obligation arising under the EIA Directive,

of the effect of anything on the environment;;”;

““the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(1) as last amended by Council Directive 2013/17/EU(2);”;

““UK environmental assessment” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment;”;

““the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(3) as amended by Council Directive 2013/17/EU;”;

(b) for the definition of “the appropriate Authority” substitute—

““the appropriate Authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;”;

(c) in the definition of “consultation bodies”—

(i) in paragraph (a)(4) for “English Nature, English Heritage and the Countryside Agency” substitute “Natural England”;

(ii) in paragraph (b) for “National Assembly” substitute “Welsh Ministers”;

(iii) in paragraph (c), after “works”, in the second place it occurs, insert “by virtue of its environmental responsibilities or local or regional competences”;

(d) for the definition of “the Directive” substitute—

““the EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment(5), as amended by Directive 2014/52/EU of the European Parliament and of the Council(6);”;

(e) omit the definition of “EEA State”;

(f) for the definition of “environmental statement” substitute—

““environmental statement” has the meaning given by regulation 7(1);”;

(g) for the definition of “improvement works” substitute—

““improvement works” means—

(a)

in relation to England, works which are—

(i)

the subject of a project to deepen, widen, straighten, or otherwise improve or alter, any existing watercourse or remove or alter mill dams, weirs, or other obstructions to watercourses, or raise, widen, or otherwise improve or alter, any existing drainage work; and

(ii)

permitted development by virtue of Class C or Class D of Part 13 (water and sewerage) of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015(7);

(b)

in relation to Wales, works which are—

(i)

the subject of a project to deepen, widen, straighten, or otherwise improve or alter, any existing watercourse or remove or alter mill dams, weirs, or other obstructions to watercourses, or raise, widen, or otherwise improve or alter, any existing drainage work; and

(ii)

permitted development by virtue of Part 14 or Part 15 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(8);”.

(3) In paragraph (2) for “the Directive” in both places substitute “the EIA Directive”.

(4) After paragraph (3) insert—

“(4) In these Regulations, any reference to the likely significant effects, or the likely significant adverse effects, of improvement works on the environment includes a reference to the effects of the improvement works on the environment once the improvement works are finished and in operation.

(5) In paragraph (4) each reference to the environment includes a reference to the matters referred to in regulation 12(2)(a) to (e).”.

(1)

OJ No L 206, 22.7.1992, p. 7.

(2)

OJ No L 158, 10.6.2013, p. 193.

(3)

OJ No L 20, 26.1.2010, p. 7.

(4)

The words “English Nature” were substituted by section 73(2) of the Countryside and Rights of Way Act 2000 (c. 37). The words “English Heritage” were inserted by regulation 5(2)(a)(i) of S.I. 2005/1399.

(5)

OJ No L 26, 28.1.2012, p. 1.

(6)

OJ No L 124, 25.4.2014, p. 1.

(7)

S.I. 2015/596, to which there are amendments not relevant to these Regulations.

(8)

S.I. 1995/418. Parts 14 and 15 of Schedule 2 were amended by S.I. 2013/755.