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The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019

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Amendments to the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

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2.—(1) The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999(1) are amended as follows.

(2) In regulation 2—

(a)in paragraph (1)—

(i)for the definition of “EU environmental assessment” substitute—

“EU environmental assessment” means an assessment of the effect of anything on the environment carried out under retained EU law other than any law of any part of the United Kingdom that implemented the EIA Directive;;

(ii)after the definition of “improvement works” insert—

“public” means one or more natural or legal persons and, in accordance with the law or practice of any part of the United Kingdom, their associations, organisations or groups;

“public concerned” means the public affected or likely to be affected by, or having an interest in, environmental decision making procedures (for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under the law of any part of the United Kingdom are deemed to have an interest);;

(b)omit paragraph (2).

(3) In regulation 12(2)(b), after the word “under” insert “any law of any part of the United Kingdom that implemented”.

(4) In regulation 12B(4)(b), after the word “under” insert “any law of any part of the United Kingdom that implemented”.

(5) In Schedule 1—

(a)in paragraph 6, for “established at EU or member State level” substitute “in retained EU law or under the law of any part of the United Kingdom”;

(b)in paragraph 9—

(i)for “EU legislation such as” substitute “retained EU law such as any law that implemented”;

(ii)after “requirements of” insert “any law that implemented”.

(c)In Schedule 2, in paragraph 2(c)(vi), after “EU legislation” insert “as it applied in the United Kingdom immediately prior to exit day, or in retained EU law”.

(1)

S.I. 1999/1783, amended by S.I. 2017/585; there are other amending instruments but none is relevant.

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