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6. For regulation 4 (determination of whether improvement works have significant effects on the environment) substitute—
4.—(1) A drainage body proposing to carry out improvement works must determine whether the improvement works are likely to have significant effects on the environment, and in making that determination the drainage body must take into account—
(a)the selection criteria in Schedule 2; and
(b)the results of any relevant EU environmental assessment which are reasonably available to the drainage body.
(2) The determination in paragraph (1) must be made as soon as possible but, subject to paragraph (3), within the period of 45 days beginning with the date on which the proposal to carry out improvement works was made.
(3) In exceptional cases (including relating to the nature, complexity, location or size of the improvement works), the drainage body may extend the 45-day period referred to in paragraph (2).”.
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