The Environmental Assessment (Scotland) Regulations 1988

PART V DRAINAGE WORKS

Application

63.  This Part of these Regulations applies to proposed drainage works which are likely to have a significant effect on the environment by virtue inter alia of their nature, size or location and for which authority under the Land Drainage (Scotland) Act 1958(1) to execute these works is sought from the Secretary of State on or after 15th July 1988.

Interpretation

64.—(1) In this Part of these Regulations, unless the contrary intention appears—

(a) “the Act” means the Land Drainage (Scotland) Act 1958;

“improvement order” means an order made by the Secretary of State in accordance with the First Schedule to the Act;

“local authority” means any regional, islands or district council;

“statutory body” means any body exercising functions conferred on it by or under any enactment;

(b)

the following phrases have the meanings assigned to them by section 18(1) of the Act—

(i)

“agricultural land”;

(ii)

“drainage works”; and

(iv)

“owner”

(2) For the purposes of this Part of these Regulations drainage works “likely to have a significant effect on the environment by virtue inter alia of their size, nature and location” means drainage works which require to be authorised under the Act and to which objections by local authorities or statutory bodies on environmental grounds have not been withdrawn or remain unresolved.

Prohibition on making an improvement order without consideration of environmental information

65.  The Secretary of State shall not make an improvement order authorising drainage works which are likely to have a significant effect on the environment by virtue inter alia of their nature, size or location unless he has taken into consideration environmental information in respect of the proposed works.

Provision of information

66.  In preparing an environmental statement the owner of agricultural land shall consult the local authorities and statutory bodies affected by the drainage works, including, where appropriate, the authorities and bodies listed in Schedule 4, who shall make available to him any relevant information in their possession.

Submission and publication of environmental statement

67.—(1) When an owner of agricultural land applies under section 1 of the Act to the Secretary of State for an improvement order authorising drainage works likely to have a significant effect on the environment by virtue inter alia of their nature, size or location, he shall submit an environmental statement to the Secretary of State.

(2) Where an environmental statement is submitted in relation to an application for an improvement order, the Secretary of State shall notify and publicise the environmental statement in the same manner as a draft improvement order under paragraph 1 of the First Schedule to the Act for the purpose of obtaining comments.

Further information respecting environmental statement

68.  The Secretary of State, when dealing with an application referred to in regulation 67(1) which is accompanied by an environmental statement, may in writing require the owner of the agricultural land to provide such further information as he may specify to enable the application for an improvement order to be determined, or concerning any matter which is required to be dealt with in his environmental statement and where in the opinion of the Secretary of State—

(a) the owner of the agricultural land could (having regard in particular to current knowledge and methods of assessment) provide further information about any matter mentioned in paragraph 3 of Schedule 3; and

(b) that further information is reasonably required to give proper consideration to the likely environmental effects of the proposed development,

he shall notify the owner in writing, and the owner shall provide that further information.

(1)

1958 c. 24