12. The Department shall not confirm a drainage scheme, co-operate, in pursuance of Article 30(1) of the Drainage Order, with any person outside Northern Ireland in preparing or carrying out schemes for drainage works or enter into or carry into effect, in pursuance of Article 30(2) of the Drainage Order, and agreement or arrangement with such person for the purposes of such a scheme unless—
(a)it has complied with the requirements of Articles 12A to 12I in relation to the scheme; and
(b)where a proposal for the scheme has been referred to the Commission under Article 12H(7)—
(i)the Commission has consented to the carrying out of the scheme; and
(ii)the scheme is carried out in accordance with any conditions to which the consent is subject,
but this is subject to Article 12ZA.]
F1Arts. 12, 12ZA, 12A-12I substituted (16.5.2017) for arts. 12-12H by The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/88), regs. 1, 21