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

Regulations 4 and 5(7)

SCHEDULE 2 E+W IMPROVEMENT WORKS HAVING A SIGNIFICANT EFFECT ON THE ENVIRONMENT: SELECTION CRITERIA

Characteristics of improvement works E+W

1.  The characteristics of improvement works must be considered having regard, in particular, to:

• the size of the improvement works;

• the cumulation with other improvement works;

• the use of natural resources;

• the production of waste;

• pollution and nuisances;

• the risk of accidents, having regard in particular to substances or technologies used.

Commencement Information

I1 Sch. 2 para. 1 in force at 21.7.1999, see reg. 1(1)

Location of improvement works E+W

2.  The environmental sensitivity of geographical areas likely to be affected by improvement works must be considered, having regard, in particular, to:

• the existing land use;

• the relative abundance, quality and regenerative capacity of natural resources in the area;

• the absorption capacity of the natural environment, paying particular attention to the following areas:

  (a)

  wetlands;

  (b)

  coastal zones;

  (c)

  mountain and forest areas;

  (d)

  nature reserves and parks;

  (e)

  areas classified or protected under Member States' legislation; special protection areas designated by Member States pursuant to Directive 79/409/EEC (on the conservation of wild birds)(1), as amended, and Directive 92/43/EEC (on the conservation of natural habitats of wild fauna and flora)(2), as amended;

  (f)

  areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

  (g)

  densely populated areas;

  (h)

  landscapes of historical, cultural or archaeological significance.

Commencement Information

I2 Sch. 2 para. 2 in force at 21.7.1999, see reg. 1(1)

Characteristics of the potential impact E+W

3.  The potential significant effects of improvement works must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to:

• the extent of the impact (geographical area and size of the affected population);

• the transfrontier nature of the impact;

• the magnitude and complexity of the impact;

• the probability of the impact;

• the duration, frequency and reversibility of the impact.

Commencement Information

I3 Sch. 2 para. 3 in force at 21.7.1999, see reg. 1(1)

(1)

O.J. No. L103, 25.4.79, p. 1.

(2)

O.J. No. L206, 22.7.92, p. 7.