The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2005

Other amendments of the 1999 Regulations

5.—(1) The 1999 Regulations shall be further amended as follows.

(2) In regulation 2 (Interpretation) –

(a) in the definition of “consultation bodies” —

(i) in paragraph (a), after “English Nature ”, insert “, English Heritage”; and

(ii) in paragraph (b), after “Countryside Council for Wales”, insert “and Cadw, being the executive agency responsible for carrying out the functions vested in the National Assembly relating to the historic environment”;

(b) in the definition of “the Directive”, at the end insert “and Council Directive 2003/35/EC on providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC”;

(c) in the definition of “improvement works”, after the words “or otherwise improve” (in each place where they occur) insert “or alter,”; and

(3) In regulation 3 (Restriction on improvement works), for paragraph (2) substitute —

“(2) Where the appropriate Authority considers, in relation to particular improvement works, that there are exceptional grounds for doing so, it may direct that the provisions of these Regulations shall not apply in relation to the works in question.

(2A) In this event, the appropriate authority shall —

(a) consider whether another form of assessment would be appropriate;

(b) where it carries out any other form of assessment, make available to the public the information obtained under that assessment, the reasons for its decision to give a direction under paragraph (2) and any information relied on in making that decision;”.

(4) In Schedule 3 (Information for other EEA states), in paragraph 4, for “the following information:–”, substitute “the information required to be given under regulation 6(2),”, and delete sub-paragraphs (a), (b) and (c).