Explanatory Note
(This note is not part of the Regulations)
These Regulations, which replace the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988 (as amended), implement in part Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L175, 5.7.85, p. 40), following its amendment by Council Directive 97/11/EC (O.J. No. L73, 14.3.97, p. 5).
Directives 85/337/EEC and 97/11/EC were respectively extended to the Contracting Parties of the European Economic Area (EEA) by Article 74 and Annex XX paragraph I.1 of the Agreement on the European Economic Area and by Decision No. 20/1999 of the EEA Joint Committee adopted on 26th February 1999 (not yet published).
The Regulations apply to specified land drainage projects in England and Wales (“improvement works”) for which the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) grants planning permission without any requirement for an application to be made under Part III of the Town and Country Planning Act 1990. The Regulations prohibit drainage bodies from carrying out improvement works unless specified conditions are met. First, the requirements of the Regulations must have been complied with, including the preparation of an “environmental statement” for the purposes of assessing improvement works which are likely to have significant effects on the environment. Secondly, in specified cases, the “appropriate Authority” (that is, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales, the National Assembly for Wales) must have given consent and the works must have been carried out in accordance with any conditions to which the consent is subject (regulations 2 and 3).
The principal requirements of the Regulations are as follows:–
(a)drainage bodies must determine whether improvement works are likely to have significant effects on the environment (regulation 4 and Schedule 2);
(b)where a drainage body consider improvement works are unlikely to have such effects, they must publicise their intention to carry out the works. If no representations are received to the effect that the environmental effects are likely to be significant, they may proceed. If the drainage body conclude that the works are likely to have significant effects on the environment, they must publicise their determination as described in (c) below. If representations are received to the effect that the environmental effects are likely to be significant but the drainage body still consider otherwise, they must apply to the appropriate Authority for a determination (regulation 5 and Schedule 2);
(c)where improvement works are determined to be likely to have significant effects on the environment, the drainage body must publicise their intention to prepare an environmental statement, notify specified consultation bodies and prepare the statement (regulations 6 and 7);
(d)at the request of the drainage body, the appropriate Authority must give an opinion on the contents of the environmental statement (regulation 8) and other authorities must make available any relevant information (regulation 9);
(e)a drainage body must publicise the preparation of an environmental statement, make it available to the public and copy it to consultation bodies, to allow an opportunity for representations (regulation 10);
(f)where improvement works would be likely to have significant effects on the environment of another EEA State, the appropriate Authority must provide information to and consult that State (regulation 11 and Schedule 3);
(g)the environmental effects of the improvement works must be assessed in the light, in particular, of the environmental statement and representations. If there are no objections, the drainage body may determine that they will proceed with the works. If there are objections, the proposal must be referred to the appropriate Authority for a determination consenting or refusing consent to the works. Determinations must be publicised (regulation 12 and Schedule 4).
The Regulations also provide for reasonable charges for copy documents, for enforcement and for revocations, savings and amendments (regulations 13, 14 and 15).