The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

Requirements where a drainage body consider improvement works are not likely to have significant effects on the environment

5.—(1) Where, under regulation 4 above, a drainage body consider that the improvement works are not likely to have significant effects on the environment, they shall, by notice in at least two local newspapers–

(a) announce that they propose to carry out the improvement works in question;

(b) describe briefly the nature, size and location of the proposed improvement works;

(c) state that they do not intend to prepare an environmental statement in respect of the proposed improvement works; and

(d) give notice that any person who wishes to do so should make representations to them in writing in relation to the likely environmental effects of the proposed improvement works at an address specified in the notice within 28 days of the date of publication of the notice.

(2) A drainage body which publishes a notice under paragraph (1) above shall, on or before the date of such publication, supply a copy of the notice to each of the consultation bodies so that they have an opportunity to make representations in relation to the likely environmental effects of the proposed improvement works before expiry of the period specified in the notice.

(3) Where, within the period provided for in paragraph (1)(d) above, no representations have been made to the effect that the works are likely to have significant effects on the environment, the drainage body may proceed to carry out the improvement works.

(4) Where, following the period provided for in paragraph (1)(d) above, the drainage body consider (whether in the light of any representations or otherwise) that the improvement works are likely to have significant effects on the environment, they shall so determine.

(5) Where, within the period provided in paragraph (1)(d) above, any representations have been made to the effect that the works are likely to have significant effects on the environment and, notwithstanding those representations, the drainage body still consider that the improvement works are not likely to have significant effects on the environment, they shall apply to the appropriate Authority for a determination of whether the improvement works are likely to have significant effects on the environment and shall provide the Authority with all the relevant facts and copies of all relevant documents in their possession.

(6) Where the appropriate Authority considers that the information and copy documents provided in accordance with paragraph (5) above do not provide sufficient information to enable a determination to be made, that Authority shall notify the drainage body in writing of the points on which further information is required and may make a written request to the drainage body for such information as they may be able to provide on the points raised.

(7) Where an application is made to the appropriate Authority under paragraph (5) above, that Authority shall, taking into account the selection criteria in Schedule 2, determine whether the improvement works are likely to have significant effects on the environment and shall inform the drainage body in writing of their determination.