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

Regulation 2(1)

SCHEDULE 1 INFORMATION IN ENVIRONMENTAL STATEMENT

1.  Description of the improvement works, including in particular–

(a) a description of the physical characteristics of the whole improvement works and the land-use requirements during the construction and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed improvement works.

2.  An outline of the main alternatives studied by the drainage body and an indication of the main reasons for their choice, taking into account the environmental effects.

3.  A description of the aspects of the environment likely to be significantly affected by the proposed improvement works, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

4.  A description of the likely significant effects of the proposed improvement works on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the improvement works, resulting from–

(a) the existence of the improvement works;

(b) the use of natural resources;

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the drainage body of the forecasting methods used to assess the effects on the environment.

5.  A description of the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects on the environment.

6.  A non-technical summary of the information provided under paragraphs 1 to 5 above.

7.  An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the drainage body in compiling the required information.

Regulations 4 and 5(7)

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

Characteristics of improvement works

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.

Location of improvement works

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.

Characteristics of the potential impact

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.

Regulation 11

SCHEDULE 3 INFORMATION FOR OTHER EEA STATES

1.  Where it appears to a drainage body that improvement works would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected requests, the drainage body shall–

(a) inform the appropriate Authority without delay; and

(b) supply to the appropriate Authority all information or documents in their possession which are reasonably required by the appropriate Authority for the purpose of complying with the requirements of this Schedule.

2.  Where it appears to the appropriate Authority that improvement works would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected requests, the appropriate Authority shall–

(a) send to the EEA State as soon as possible, and no later than the date of publication required by sub-paragraph (b) of this paragraph, the particulars mentioned in paragraph 3 below and, if the Authority thinks fit, the information mentioned in paragraph 4 below;

(b) publish the information referred to in sub-paragraph (a) above in a notice placed in the London Gazette with an indication of where further information is available;

(c) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide; and

(d) inform the drainage body.

3.  The particulars referred to in paragraph 2(a) above are–

(a) a description of the improvement works, together with any available information on their possible significant effect on the environment in another EEA State; and

(b) information on the nature of the determination which may be made.

4.  Where an EEA State indicates, in accordance with paragraph 2(c) above, that it wishes to participate in the procedure for which these Regulations provide, the appropriate Authority shall as soon as possible send to that EEA State the following information:–

(a) a copy of the proposal for the improvement works;

(b) a copy of the environmental statement in respect of the improvement works; and

(c) relevant information regarding the procedure under these Regulations,

but only to the extent that such information has not been provided to the EEA State earlier under paragraph 2(a) above.

5.  The appropriate Authority, insofar as concerned, shall also–

(a) arrange for the particulars and information referred to in paragraphs 3 and 4 to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the Directive and the public concerned in the territory of the EEA State likely to be significantly affected; and

(b) ensure that those authorities and the public concerned are given an opportunity, before a determination is made as to whether the improvement works should proceed, to forward to the appropriate Authority, within a reasonable time, their opinion on the information supplied.

6.  The appropriate Authority shall in accordance with Article 7(4) of the Directive,–

(a) enter into consultations with the EEA State concerned regarding, inter alia, the potential significant effects of the improvement works on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects, and

(b) determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.

7.  Where an EEA State has been consulted in accordance with paragraph 6, the appropriate Authority shall inform the EEA State of the determination in respect of the improvement works in question and shall forward to it a statement of–

(a) the content of the determination and any conditions attached thereto;

(b) the main reasons and considerations on which the determination is based; and

(c) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the improvement works.

Regulation 12

SCHEDULE 4 ENVIRONMENTAL FACTORS

The environmental factors are–

(a) human beings, fauna and flora;

(b) soil, water, air, climate and the landscape;

(c) material assets and the cultural heritage; and

(d) the interaction between the factors mentioned in sub-paragraphs (a) to (c) above.

(1)

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

(2)

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