1.—(1) These Regulations may be cited as the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 and shall come into force on 21st July 1999.
(2) These Regulations apply to England and Wales.
2.—(1) In these Regulations–
“the appropriate Authority” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Wales, the National Assembly for Wales;
“consultation bodies” means–
in relation to improvement works which are to be carried out in England, the Nature Conservancy Council for England(1) and the Countryside Agency(2);
in relation to improvement works which are to be carried out in Wales, the Countryside Council for Wales(3); and
any other public authority, statutory body or organisation which, in the opinion of the drainage body proposing any improvement works, has an interest in those improvement works;
“the Directive” means Council Directive 85/337/EEC(4) as amended by Council Directive 97/11/EC(5) on the assessment of the effects of certain public and private projects on the environment;
“district” includes metropolitan district;
“drainage” includes defence against water including sea water;
“drainage body” means any of the following public authorities which initiates improvement works, namely–
the Environment Agency(6);
an internal drainage board; and
the council of a county, a county borough, a district or a London borough, the Common Council of the City of London or the Council of the Isles of Scilly;
“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“environmental statement” means a statement–
that includes such of the information referred to in Schedule 1 as is reasonably required to assess the environmental effects of the improvement works and which the drainage body can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but
that includes at least the following–
a description of the improvement works comprising information on the site, design and size of the improvement works;
a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
the data required to identify and assess the main effects which the improvement works are likely to have on the environment;
an outline of the main alternatives studied by the drainage body and an indication of the main reasons for their choice, taking into account the environmental effects;
a non-technical summary of the information provided under sub-paragraphs (i) to (iv) above;
“improvement works” means works which are–
the subject of a project to deepen, widen, straighten or otherwise improve any existing watercourse or remove or alter mill dams, weirs or other obstructions to watercourses, or raise, widen or otherwise improve any existing drainage work; and
permitted development by virtue of Part 14 or 15 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(7);
“watercourse” includes any river and stream and any ditch, drain, cut, culvert, dike, sluice, sewer (other than public sewer as defined in section 219(1) of the Water Industry Act 1991(8)) and any passage through which water flows.
(2) Expressions used in these Regulations and in the Directive shall have the same meaning in these Regulations as they have in the Directive.
(3) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations bearing that number.
3.—(1) Subject to paragraph (2) below, a drainage body shall not carry out any improvement works unless–
(a)they have complied with the requirements of these Regulations in relation to those improvement works; and
(b)where a proposal is referred to the appropriate Authority under regulation 12(4)–
(i)that Authority has consented to the carrying out of the improvement works; and
(ii)the works are carried out in accordance with any conditions to which the consent is subject.
(2) In accordance with Article 2(3) of the Directive, the appropriate Authority may direct that particular improvement works are exempted from the application of these Regulations.
(3) No direction shall be made under paragraph (2) above where either the appropriate Authority or the drainage body are aware that the proposed improvement works would be likely to have significant effects on the environment of another EEA State.
(4) Where the appropriate Authority makes a direction under paragraph (2) above it shall–
(a)send a copy of the direction to the drainage body; and
(b)publish in at least two newspapers local to the site of the proposed improvement works a notice which briefly describes the proposed works, explains the effect of the direction and explains the reasons for it.
4. In relation to all improvement works, the drainage body, taking into account the selection criteria in Schedule 2, shall determine whether the proposed improvement works are likely to have significant effects on the environment.
5.—(1) Where, under regulation 4 above, a drainage body consider that the improvement works are not likely to have significant effects on the environment, they shall, by notice in at least two local newspapers–
(a)announce that they propose to carry out the improvement works in question;
(b)describe briefly the nature, size and location of the proposed improvement works;
(c)state that they do not intend to prepare an environmental statement in respect of the proposed improvement works; and
(d)give notice that any person who wishes to do so should make representations to them in writing in relation to the likely environmental effects of the proposed improvement works at an address specified in the notice within 28 days of the date of publication of the notice.
(2) A drainage body which publishes a notice under paragraph (1) above shall, on or before the date of such publication, supply a copy of the notice to each of the consultation bodies so that they have an opportunity to make representations in relation to the likely environmental effects of the proposed improvement works before expiry of the period specified in the notice.
(3) Where, within the period provided for in paragraph (1)(d) above, no representations have been made to the effect that the works are likely to have significant effects on the environment, the drainage body may proceed to carry out the improvement works.
(4) Where, following the period provided for in paragraph (1)(d) above, the drainage body consider (whether in the light of any representations or otherwise) that the improvement works are likely to have significant effects on the environment, they shall so determine.
(5) Where, within the period provided in paragraph (1)(d) above, any representations have been made to the effect that the works are likely to have significant effects on the environment and, notwithstanding those representations, the drainage body still consider that the improvement works are not likely to have significant effects on the environment, they shall apply to the appropriate Authority for a determination of whether the improvement works are likely to have significant effects on the environment and shall provide the Authority with all the relevant facts and copies of all relevant documents in their possession.
(6) Where the appropriate Authority considers that the information and copy documents provided in accordance with paragraph (5) above do not provide sufficient information to enable a determination to be made, that Authority shall notify the drainage body in writing of the points on which further information is required and may make a written request to the drainage body for such information as they may be able to provide on the points raised.
(7) Where an application is made to the appropriate Authority under paragraph (5) above, that Authority shall, taking into account the selection criteria in Schedule 2, determine whether the improvement works are likely to have significant effects on the environment and shall inform the drainage body in writing of their determination.
6.—(1) This regulation applies where–
(a)under regulation 4 or 5(4) above, a drainage body determine that improvement works are likely to have significant effects on the environment; or
(b)under regulation 5(7) above, the appropriate Authority determines that improvement works are likely to have significant effects on the environment.
(2) In any case to which this regulation applies, the drainage body shall by notice in at least two local newspapers–
(a)describe briefly the nature, size and location of the proposed improvement works;
(b)state that the works are likely to have significant effects on the environment and that the drainage body intend to prepare an environmental statement in respect of them.
(3) A drainage body which publishes a notice under paragraph (2) above shall, on or before the date of such publication, supply a copy of the notice to each of the consultation bodies.
7. A drainage body shall prepare an environmental statement in any case to which regulation 6 applies.
8.—(1) A drainage body may request the appropriate Authority to give an opinion as to the information to be contained in the environmental statement required for particular improvement works.
(2) Where a drainage body requests an opinion under paragraph (1) above before a determination has been made, the appropriate Authority shall deal with the request on the assumption that the improvement works will have significant effects on the environment.
(3) Before giving an opinion under paragraph (1) above, the appropriate Authority shall consult the drainage body and the consultation bodies.
(4) Giving an opinion under this regulation shall not preclude the appropriate Authority from requesting further information from the drainage body concerned under regulation 12(5).
9.—(1) Subject to paragraph (2) below and to regulation 13, where a drainage body is required to prepare an environmental statement by virtue of regulation 7, the drainage body may enter into consultation with any other authority to determine whether that authority has in its possession any information which may be relevant to the preparation of the environmental statement and if the authority has such information, the authority shall make such information available to the drainage body.
(2) Paragraph (1) above shall not require the disclosure of information which is capable of being treated as confidential, or must be so treated, under regulation 4 of the Environmental Information Regulations 1992(9).
10.—(1) Where a drainage body has prepared an environmental statement in accordance with these Regulations, they shall publish a notice in accordance with paragraphs (2) and (3) below.
(2) The notice shall–
(a)announce that the statement has been prepared and give details of the place and times where copies may be inspected;
(b)state that any person wishing to make representations in relation to the likely environmental effects of the improvement works to which the statement relates shall make them in writing to the drainage body at the address specified in the notice within 28 days from the publication of the notice; and
(c)state that where no objection in relation to the likely environmental effects of the works are made and the drainage body, having undertaken the assessment specified in regulation 12(1) below, consider that the improvement works should proceed, they may so determine.
(3) The notice shall be published in such newspapers (not being less than two) as the drainage body consider necessary to ensure that the environmental statement is made available to the public and in order to give the public concerned the opportunity to express an opinion before a determination is made as to whether the improvement works should proceed.
(4) On or before the date of publication of the notice referred to in paragraph (1) above, the drainage body shall supply a copy of the environmental statement and notice to each of the consultation bodies so that they have an opportunity to make representations on the likely environmental effects of the improvement works to which the statement relates before expiry of the period specified in the notice.
(5) The drainage body shall provide a copy of the environmental statement to any other person who so requests.
11. Schedule 3 shall have effect in relation to improvement works which may have significant effects on the environment of another EEA State.
12.—(1) On expiry of the period specified in the notice published under regulation 10(1), the drainage body shall assess, in the light of the environmental statement and any representations made in accordance with regulation 10 or Schedule 3, the direct and indirect effects of the proposed improvement works on the environmental factors specified in Schedule 4.
(2) Where–
(a)no objection in relation to the likely environmental effects of the improvement works has been made; or
(b)any such objection has been withdrawn,
and the drainage body, having undertaken the assessment specified in paragraph (1) above, consider that the improvement works should proceed, they may so determine (and may so determine subject to conditions).
(3) Where a drainage body have determined–
(a)in accordance with paragraph (2) above, that they should proceed with the works or that they should proceed subject to conditions, or
(b)that they should not so proceed, they shall, by notice in at least two local newspapers or by such other means as are reasonable in the circumstances,–
(A)inform the public of the determination, and
(B)give details of the place and times where the public may inspect a statement of–
(i)their determination and any conditions to which it is subject;
(ii)the main reasons and considerations upon which their determination was based; and
(iii)where necessary, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the improvement works.
(4) Where a drainage body, having undertaken the assessment specified in paragraph (1) above, consider that the improvement works should proceed but objections to those works made in relation to their likely environmental effects have not been withdrawn, they shall refer the proposal for works together with the environmental statement and any representations on it to the appropriate Authority for determination.
(5) Where the appropriate Authority considers that the information supplied in accordance with paragraph (4) above does not provide sufficient information to enable a determination to be made, that Authority shall notify the drainage body in writing of the points on which further information is required and may make a written request to that body for such information as they may be able to provide on the points raised.
(6) Where, in accordance with paragraph (5) above, the appropriate Authority requests further information from a drainage body, the body shall, no later than the time when it provides that information to the appropriate Authority,–
(a)by notice, published in such newspapers (not being less than two) as the drainage body consider necessary to ensure that the further information is made available to the public and in order to give the public concerned the opportunity to express an opinion before a determination is made as to whether the improvement works should proceed,–
(i)announce that the further information is available and give details of the place and times where a copy may be inspected; and
(ii)state that any person who wishes to make representations on the likely environmental effects of the improvement works to which the further information relates should make them in writing to the appropriate Authority at the address specified in the notice within 28 days of the date of the publication of the notice;
(b)on or before the date of publication of the notice, supply a copy of the further information and notice to each of the consultation bodies so that they have an opportunity to make representations to the appropriate Authority on the likely environmental effects of the improvement works to which the further information relates before expiry of the period specified in the notice; and
(c)provide a copy of the further information to any other person who so requests.
(7) The appropriate Authority shall–
(a)assess, in the light of the environmental statement, any further information provided in response to a request under paragraph (5) above and any representations in accordance with regulation 10, Schedule 3 or paragraph (6) above, the direct and indirect effects of the proposed improvement works on the environmental factors specified in Schedule 4;
(b)having regard to the assessment under sub-paragraph (a) above,
(i)consent to the carrying out of the works absolutely or subject to such conditions as the Authority considers appropriate, or
(ii)refuse consent to the works; and
(c)send to the drainage body a statement in writing of–
(i)the Authority’s determination under sub-paragraph (b) above and any conditions attached to it;
(ii)the main reasons and considerations upon which it was based; and
(iii)where necessary, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the improvement works.
(8) The drainage body shall by notice in at least two local newspapers, or by such other means as are reasonable in the circumstances,–
(a)inform the public of the appropriate Authority’s determination under paragraph (7)(b) above; and
(b)give details of the place and times where the public may inspect a copy of the statement sent to them under paragraph (7)(c) above.
13.—(1) A reasonable charge reflecting printing and distribution costs may be made to–
(a)a consultation body for any copy of the whole or part of–
(i)an environmental statement provided in addition to the copy supplied in accordance with regulation 10(4); or
(ii)further information provided in addition to the copy supplied in accordance with regulation 12(6)(b); and
(b)any other person for a copy of the whole or part of–
(i)an environmental statement provided in accordance with regulation 10(5); or
(ii)further information provided in accordance with regulation 12(6)(c).
(2) Regulation 9(1) shall not prevent an authority imposing a reasonable charge for the identification, preparation and copying of any information or making the payment of such a charge a condition of providing the information.
14.—(1) If a drainage body carries out improvement works–
(a)without complying with the requirements of these Regulations; or
(b)without the consent of the appropriate Authority under regulation 12(7) where a proposal is referred to that Authority under regulation 12(4), or in breach of a condition to which such consent is subject,
the appropriate Authority may apply to the Court for any of the following orders–
(i)that the drainage body shall not proceed further with the improvement works;
(ii)that the drainage body shall remove any work carried out;
(iii)that the drainage body shall reinstate the site in accordance with the reasonable requirements of the appropriate Authority.
(2) An order made under paragraph 1(ii) or (iii) above may provide that, if the drainage body fails to comply with the order within a specified period, the appropriate Authority may remove any work carried out and reinstate the site and may recover the reasonable costs and expenses of doing so from the drainage body as a debt due from that body.
(3) In this regulation, “the Court” means the County Court for the district in which improvement works are being carried out or the High Court.
15.—(1) Subject to paragraph (2) below, the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988(10) and the Land Drainage Improvement Works (Assessment of Environmental Effects) (Amendment) Regulations 1995(11) are hereby revoked.
(2) Nothing in paragraph (1) above shall affect the continued application of the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988(12) (hereinafter called “the 1988 Regulations ”) to any proposed improvement works in respect of which, before the date of coming into force of these Regulations, a drainage body–
(a)under paragraph (2) of regulation 3 of the 1988 Regulations, have considered whether those works are likely to have significant effects on the environment; and
(b)under paragraph (3) or (4) of that regulation, have published a notice of their intention to prepare or not to prepare an environmental statement, as the case may be.
(3) In article 3(12)(b) of the Town and Country Planning (General Permitted Development) Order 1995(13) for the words “the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988” there shall be substituted the words “the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd June 1999
Signed by the authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
22nd June 1999