Substitution of regulation 12
13. For regulation 12(1) (determination of whether improvement works should proceed) substitute—
“Conclusion about environmental impact: drainage body
12.—(1) After the expiry of the period specified in the notice published under regulation 10(1), the drainage body must consider (ensuring that in doing so it has, or has access to, any expertise it considers necessary)—
(a)the environmental statement and any representations made in accordance with regulation 10; and
(b)any features of the improvement works or measures to avoid, prevent, reduce or offset any likely significant effects of the improvement works on the environment.
(2) Following that consideration, the drainage body must reach a conclusion about the likely significant effects (including the expected effects deriving from the vulnerability of the improvement works to risks of major accidents or disasters) of the improvement works on—
(a)population and human health;
(b)biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Wild Birds Directive;
(c)land, soil, water, air and climate;
(d)material assets, cultural heritage and the landscape;
(e)the interaction between the factors referred to in sub-paragraphs (a) to (d).
Determination of whether improvement works should proceed: drainage body
12A.—(1) This regulation applies where—
(a)no objection in relation to the likely significant environmental effects of the improvement works has been made; or
(b)any such objection has been withdrawn.
(2) The drainage body must consider—
(a)the conclusion reached under regulation 12(2) in respect of the improvement works and the reasons for that conclusion;
(b)whether it is appropriate for the drainage body to monitor the significant adverse effects of the improvement works on the environment, and if so—
(i)whether a determination to proceed with the improvement works should be made subject to conditions to ensure that the drainage body is under such a duty; and
(ii)whether a determination to proceed with the improvement works should be made subject to conditions to require remedial action to be taken in circumstances described in the conditions;
(c)whether, having regard to the likely significant environmental effects of the improvement works, a determination to proceed should be made subject to any other conditions.
(3) Following that consideration, the drainage body must determine that the improvement works—
(a)should proceed; or
(b)should not proceed.
(4) The drainage body may make a determination under paragraph (3)(a) only if satisfied that the conclusion reached under paragraph 12(2) in respect of the improvement works and the reasons for it address the likely significant environmental effects of the improvement works.
(5) Where a drainage body has determined—
(a)in accordance with paragraph (3)(a), that the drainage body should proceed with the improvement works or that the drainage body should proceed subject to conditions; or
(b)that the drainage body should not so proceed,
the drainage body must promptly, subject to regulation 13B, take the steps set out in paragraph (6).
(6) The steps are to inform the following of the information referred to in paragraph (7)—
(a)the public, by notice in at least two local newspapers, or by such other means as are reasonable in the circumstances; and
(b)the consultation bodies, by notice.
(7) The information is —
(a)the determination under paragraph (2) and any conditions attached to it;
(b)the main reasons and considerations on which the determination is based; and
(c)a summary of the result of any consultation under regulation 10 and how that information has been taken into account.
(8) The drainage body must make its determination under paragraph (3) within a reasonable period of time, taking into account the nature and complexity of the application and improvement works.
Conclusion about environmental impact: appropriate Authority
12B.—(1) This regulation and regulation 12C apply where—
(a)an objection in relation to the likely significant environmental effects of the improvement works has been made;
(b)the objection has not been withdrawn; and
(c)the drainage body has determined that the improvement works should proceed.
(2) The drainage body must refer the proposal for improvement works together with the environmental statement and any representations on it to the appropriate Authority.
(3) The appropriate Authority must consider (ensuring that in doing so it has or has access to any expertise it considers necessary)—
(a)the environmental statement and any representations made in accordance with regulation 10; and
(b)any features of the improvement works or measures to avoid, prevent, reduce or offset any likely significant effects of the improvement works on the environment.
(4) Following that consideration, the appropriate Authority must reach a conclusion about the likely significant effects (including the expected effects deriving from the vulnerability of the improvement works to risks of major accidents or disasters) of the improvement works on—
(a)population and human health;
(b)biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Wild Birds Directive;
(c)land, soil, water, air and climate;
(d)material assets, cultural heritage and the landscape;
(e)the interaction between the factors referred to in sub-paragraphs (a) to (d).
(5) Where the appropriate Authority considers that—
(a)the information supplied in accordance with paragraph (2) does not provide sufficient information to enable it to reach a conclusion under paragraph (4); and
(b)the drainage body may reasonably be required to compile further information relevant to that conclusion,
the appropriate Authority must notify the drainage body of the further information required.
(6) After a notification under paragraph (5), the drainage body must promptly—
(a)send the further information to the appropriate Authority;
(b)publish a notice in at least two local newspapers—
(i)announcing that the further information is available and giving details of the place and times where a copy may be inspected; and
(ii)stating that any person who wishes to make representations on the likely environmental effects of the improvement works to which the further information relates must make them in writing to the appropriate Authority at the address specified in the notice within 30 days of the date of the publication of the notice;
(c)place that notice and the further information on the website referred to in regulation 10(1)(b);
(d)on or before the date of publication of that notice, supply a copy of the notice and further information and notice to each of the consultation bodies; and
(e)provide a copy of the further information to any other person who requests one.
Determination of whether improvement works should proceed: appropriate Authority
12C.—(1) The appropriate Authority must consider—
(a)the conclusion reached under regulation 12B(4) in respect of the improvement works and the reasons for that conclusion;
(b)whether it is appropriate for the drainage body to monitor the significant adverse effects of the improvement works on the environment, and if so—
(i)whether consent should be given subject to conditions to ensure that the drainage body is under such a duty; and
(ii)whether consent should be given subject to conditions to require remedial action to be taken in circumstances described in the conditions;
(c)whether, having regard to the likely significant environmental effects of the improvement works, consent should be given subject to any other conditions.
(2) Following that consideration, the appropriate Authority must—
(a)consent to the carrying out of the improvement works; or
(b)refuse consent to the improvement works.
(3) The appropriate Authority may make a determination under paragraph (2)(a) only if satisfied that the conclusion reached under regulation 12B(4) in respect of the improvement works and the reasons for it address the likely significant environmental effects of the improvement works.
(4) A determination under paragraph (2)(a) may be made subject to conditions under regulation 12D.
(5) The appropriate Authority must make its decision under paragraph (2) within a reasonable period of time starting with the date on which it is given all the information it is required to consider under regulation 12B(3), taking into account the nature and complexity of the application and improvement works.
(6) The appropriate Authority must send to the drainage body a statement in writing of—
(a)the appropriate Authority’s determination under paragraph (2) and any conditions attached to it;
(b)the main reasons and considerations upon which the determination is based, including information about the public participation process; and
(c)any features of the improvement works or measures to avoid, prevent, reduce or offset the significant adverse effects of the improvement works on the environment.
(7) The drainage body must promptly inform—
(a)the public, by notice in at least two local newspapers, or by such other means as are reasonable in the circumstances; and
(b)the consultation bodies, by notice,
of the information in paragraph (8).
(8) The information is—
(a)the appropriate Authority’s determination under paragraph (2) and any conditions attached to it;
(b)the main reasons and considerations on which the determination is based; and
(c)a summary of the result of any consultations under regulations 10 and 12B(6) and how that information has been taken into account.
Determination that improvement works may proceed: conditions
12D.—(1) The relevant authority may make a determination under regulation 12A(3)(a) or 12C(2)(a) authorising improvement works to proceed subject to conditions.
(2) The relevant authority may impose a condition under paragraph (1) in relation to monitoring only if satisfied that—
(a)existing monitoring arrangements in accordance with an obligation under the law of any part of the United Kingdom cannot be relied on;
(b)the type of parameters to be monitored and the duration of monitoring are proportionate to the nature, location and size of the improvement works and the significance of their effect on the environment.
(3) In this regulation, the “relevant authority” means—
(a)in respect of a determination under regulation 12A(3)(a), the drainage body;
(b)in respect of a determination under regulation 12C(2)(a), the appropriate Authority.
Duty to maintain a record of information
12E.—(1) The drainage body must maintain a record of, and make available to the public on request, the information referred to in paragraph (2) in respect of any determination under regulation 12A(3) or 12C(2).
(2) The information is—
(a)the content of the determination and any conditions attached to it;
(b)the main reasons and considerations on which the determination is based, including information about representations received in the course of the public participation process; and
(c)any features of the improvement works or measures to avoid, prevent, reduce or offset any likely significant effects of the improvement works on the environment.”.
Regulation 12 was amended by S.I. 2005/1399.