Drainage (Northern Ireland) Order 1973

[F1 Drainage schemes likely to have significant effects on the environment N.I.

12B.— (1) This Article applies where—

(a) under Article 12A(7) the Department determines that the works specified in a scheme are likely to have significant effects on the environment; or

(b) under Article 12A(10) the Commission determines that the works specified in a scheme are likely to have significant effects on the environment; or

(c) the drainage scheme is of a type listed in Annex 1 to the Directive.

(2) In any case to which this Article applies the Department shall by general and local advertisement—

(a) describe briefly the nature, size and location of the works specified in the scheme;

(b) state—

(i) that the works specified in the scheme are likely to have significant effects on the environment;

(ii) the main reasons for requiring an assessment, with reference to the relevant criteria listed in Schedule 2B; and

(iii) that the Department intends to prepare an environmental statement in respect of the scheme;

(c) state that any person may obtain information from, or make representations in writing to, the Department in relation to the likely environmental effects of the works specified in the drainage scheme at an address specified in the notice within 30 days of the date of the publication of the notice in the Belfast Gazette;

(d) indicate the nature of the information in question and the times where and the means by which it will be made available;

(e) state the nature of the possible decisions that may be made in the case or, if there is one, the draft decision;

(f) indicate whether the works specified in the scheme are likely to have significant effects on the environment in [F2 an EEA State] ; and

(g) state that any person who considers that his or her interests will be prejudicially affected by the scheme may, at any time within 30 days of the date of the publication of the notice in the Belfast Gazette, send to the Department any representations with regard to the scheme which that person wishes to make.

(3) Where the Department publishes an advertisement in accordance with paragraph (2) it shall on or before the date of the publication of the notice in the Belfast Gazette, send a copy of that notice to each of the consultation bodies.

(4) The Department shall make available to the public concerned any further information which is relevant to a case to which this Article applies but which only becomes available after the publication of the advertisement under paragraph (2).]

F1 Arts. 12, 12ZA, 12A-12I substituted (16.5.2017) for arts. 12-12H by The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/88), regs. 1, 21

F2 Words in art. 12B(2)(f) substituted (31.12.2020) by The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/31), regs. 1(1), 2(5); 2020 c. 1, Sch. 5 para. 1(1)