Amendments to regulation 5
7.—(1) Regulation 5 (requirements where a drainage body consider improvement works are not likely to have significant effects on the environment) is amended as follows.
(2) After paragraph (1)(c) insert—
“(ca)state the main reasons for not intending to prepare an environmental statement by reference to the selection criteria listed in Schedule 2;
(cb)state any features of the improvement works or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment;”.
(3) In paragraph (1)(d) for “28” substitute “30”.
(4) In paragraph (5)(1) for the words from “all” to the end substitute “the information referred to in paragraph (5A).
(5) After paragraph (5) insert—
“(5A) The information is—
(a)the information referred to in Schedule 2A, taking into account the results of any relevant UK environmental assessment which are reasonably available to the applicant; and
(b)if the drainage body elects to provide it, a description of any measure proposed to be taken to avoid or prevent any likely significant adverse effects on the environment.”.
(6) For paragraph (7) substitute—
“(7) Where an application is made to the appropriate Authority under paragraph (5), the appropriate Authority shall determine whether the improvement works are likely to have significant effects on the environment, taking into account—
(a)the information provided under paragraph (5);
(b)the selection criteria in Schedule 2; and
(c)the results of any relevant UK environmental assessment which are reasonably available to the applicant.
(8) Following the determination under paragraph (7), the appropriate Authority shall inform the drainage body in writing of the determination.
(9) The determination under paragraph (7) shall be made as soon as possible but, subject to paragraph (10), within the period of 45 days beginning with the date on which the drainage body has submitted all the information required under paragraph (5).
(10) In exceptional cases (including relating to the nature, complexity, location or size of the improvement works), the appropriate Authority may extend the 45-day period referred to in paragraph (9).
(11) Where the appropriate Authority extends the 45-day period under paragraph (10), it shall inform the drainage body in writing of the reasons justifying the extension and of the date on which its determination is expected.”.
Paragraph (5) was amended by regulation 4(3) of S.I. 2005/1399 and regulation 2(2) of S.I. 2006/618.