New regulations 3A to 3C
5. After regulation 3 insert—
“Defence and civil emergencies
3A.—(1) The Secretary of State may direct that improvement works or a part of any improvement works are exempt where—
(a)the improvement works have national defence as their sole purpose; and
(b)the Secretary of State considers that an environmental impact assessment in respect of the improvement works or the part of the improvement works would have an adverse effect on the fulfilment of that purpose.
(2) The appropriate Authority may direct that improvement works are exempt where—
(a)the improvement works have the response to a civil emergency as their sole purpose; and
(b)the appropriate Authority considers that an environmental impact assessment in respect of the improvement works would have an adverse effect on the fulfilment of that purpose.
(3) The effect of a direction under paragraph (1) or (2) that improvement works are exempt is that these Regulations, except for paragraphs (5) and (6), do not apply to the improvement works.
(4) The effect of a direction under paragraph (1) that a part of any improvement works are exempt is that the improvement works are treated under these Regulations as not including the part of the improvement works the subject of the direction.
(5) Following a direction under paragraph (1) or (2), the person who made the direction must send notice of the direction to the drainage body concerned.
(6) Following a direction under paragraph (1) in respect of improvement works in Wales, the Secretary of State must send notice of the direction to the Welsh Ministers.
Exceptional circumstances
3B.—(1) The appropriate Authority may direct that improvement works are exempt where the circumstances are exceptional and it considers that—
(a)the application of these Regulations to the improvement works would have an adverse effect on the fulfilment of the improvement works’ purpose; and
(b)the objectives of the EIA Directive will be met even though such an assessment is not carried out.
(2) The effect of a direction that improvement works are exempt under paragraph (1) is that these Regulations, except for paragraphs (3) and (4) do not apply to the improvement works.
(3) Where the appropriate Authority makes a direction that improvement works are exempt under paragraph (1) it must—
(a)consider whether another form of assessment of the likely significant effects on the environment of the improvement works is appropriate;
(b)send a copy of the direction to the drainage body concerned; and
(c)publish in at least two newspapers local to the site of the improvement works a notice which briefly describes—
(i)the improvement works; and
(ii)the effect of the direction and the reasons for it.
(4) Where the appropriate Authority considers that another form of assessment is appropriate in accordance with paragraph (3)(a), it must make available to the public concerned the information obtained under that other assessment.
Coordination
3C. Where, in respect of improvement works, there is a requirement to carry out an environmental impact assessment and a requirement to carry out an assessment under regulation 21 or 61 of the Conservation of Habitats and Species Regulations 2010(1), the appropriate Authority must, where appropriate, ensure that the environmental impact assessment and the other assessment, or assessments, are coordinated.”.
S.I. 2010/490, to which there are amendments not relevant to these Regulations.