Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2006

Confirmation of Drainage Schemes

19.  For Article 13 there shall be substituted the following Articles—

“Confirmation of drainage schemes

13.— (1) Where—

(a) the Department has determined in accordance with Article 12A(1)(a) that the works specified in the proposed scheme are not likely to have significant effects on the environment; and

(b) no representations made in accordance with Article 12A(3)(d) are received in relation to those works within the time limit therein specified,

it may, within 28 days of the expiration of the time limit referred to in Article 12A(3)(d) and, after considering any representations sent to it under Article 12A(4)(b) and after holding such inquiry, if any, as it considers necessary, by order confirm the scheme in whole or in part, either without modification or with such modifications as the Department thinks fit.

(2) Subject to paragraph (3), where the Department has prepared an environmental statement in relation to the works specified in a drainage scheme it may, after the expiration of 28 days from the expiration of the period of notice referred to in Article 12D(2)(b) and after holding such an inquiry, if any, as it considers necessary, by order confirm the scheme in whole or in part, either without modifications or with such modifications as the Department thinks fit.

(3) Where the Department has prepared an environmental statement in relation to the works specified in the drainage scheme it shall not, under paragraph (2) confirm the scheme unless it has first taken into consideration—

(a) the statement and any additional information;

(b) the works specified in the drainage scheme;

(c) any representations sent to it under Article 12A(3)(d), 12D or made by an EEA State in pursuance of Article 12G;

(d) the direct and indirect effect of the works on the environmental factors specified in Schedule 2C; and

(e) the determination made by the Department under Article 12H(2) or, as the case may be, any consent or refusal of consent given by the Commission under Article 12H(8)(c) and any conditions attached to such consent.

(4) Where having taken into consideration the matters specified in paragraph (3) the Department decides to confirm a scheme in accordance with paragraph (2) it shall—

(a) inform in writing any person who or EEA State which made representations in accordance with Article 12A (3)(d) or Articles 12D or 12G of its decision and any reasons and considerations upon which it was based and that in making it the Department has taken into consideration the matters specified in paragraph (3); and

(b) by general and local advertisement announce its decision and the considerations on which it was based and state that in making it the Department has taken into consideration the matters specified in paragraph (3).

(5) In this Article, modification includes a variation, addition or exception.

Public Participation

13A.   The Department shall, in relation to any works specified in a drainage scheme, make available to the public—

(a) at the time that the notice in the Belfast Gazette relating to those works is published under Article 12A(3), all information that is relevant to them;

(b) any other information which is relevant to a decision under Article 13 and which only becomes available after the time that the public was given notice in accordance with Article 12A(3), whether as a result of a request from the Commission under Article 12A(9) or otherwise; and

(c) any further information which is relevant to the assessment under Article 12H(1) and which only became available after the time that the notice in the Belfast Gazette relating to those works was published under Article 12B(2).”.