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Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001

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3.—(1) Part II shall apply in relation to any drainage works other than works—

(a)carried out in pursuance of or for the purposes of any scheme referred to in Article 30(1) of the Drainage Order;

(b)carried out under a drainage scheme which was confirmed under Article 13 of the Drainage Order or treated by virtue of Article 8(1) or 9(1) of that Order as if they had been confirmed under Article 13 of that Order.

(2) Part II shall apply in relation to any marina works which were commenced after the coming into operation of these Regulations other than works carried out under a canal scheme.

(3) The amendments made to the Water Order by regulation 22 shall not have effect in relation to any canal scheme prepared before the coming into operation of these Regulations.

(4) Part II shall not apply in relation to any drainage works or marina works which the Department, in accordance with Article 2(3) of the Directive, directs are to be exempted from the said Part II.

(5) Part III shall not apply in relation to any drainage scheme or canal scheme which the Department, in accordance with Article 2(3) of the Directive, directs is to be exempted from the said Part III.

(6) No direction shall be made under paragraph (4) or (5) where the Department or any other Northern Ireland department is aware that the works or scheme in question would be likely to have significant effects on the environment of another EEA State.

(7) Where the Department makes a direction under paragraph (4) or (5) it shall publish in the Belfast Gazette and in at least two local newspapers a notice which briefly describes the proposed works, explains the effects of the direction and the reasons for it.

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