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The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

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4.—(1) The Department may direct that—

(a)in accordance with Article 2(4) of the Directive (but without prejudice to Article 7 of the Directive) specific drainage works are exempt from these Regulations if it considers that the application of these Regulations would have an adverse effect on the fulfilment of the drainage works’ purpose, provided the objectives of the Directive are met; or

(b)these Regulations do not apply in relation to particular proposed drainage works if the sole purpose of the proposed drainage works is to respond to a civil emergency and the Department considers the application of the Regulations would have an adverse effect on the fulfilment of that purpose.

(2) The Department shall only make a direction under paragraph (1)(a) in an exceptional case and where it does so it shall—

(a)make available to the public by general and local advertisement, the information considered in making the direction, the reasons for making the direction, briefly describe the proposed drainage works and the effect of the direction;

(b)consider whether, in that case, another form of assessment of the environmental effects of the proposed drainage works would be appropriate; and

(c)make available to the public any information obtained under that other form of assessment.

(3) No direction shall be made under paragraph (1)(a) or (b) where the Department or any other Northern Ireland department is aware that the proposed drainage works would be likely to have significant effects on the environment of another EEA State.

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