The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

Interpretation

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–

  (a)

  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);

  (b)

  in relation to improvement works which are to be carried out in Wales, the Countryside Council for Wales(3); and

  (c)

  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–

  (a)

  the Environment Agency(6);

  (b)

  an internal drainage board; and

  (c)

  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–

  (a)

  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

  (b)

  that includes at least the following–

  (i)

  a description of the improvement works comprising information on the site, design and size of the improvement works;

  (ii)

  a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

  (iii)

  the data required to identify and assess the main effects which the improvement works are likely to have on the environment;

  (iv)

  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;

  (v)

  a non-technical summary of the information provided under sub-paragraphs (i) to (iv) above;

• “improvement works” means works which are–

  (a)

  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

  (b)

  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.

(1)

See section 128 of the Environment Protection Act 1990 (c. 43).

(2)

See section 1(1) of the National Parks and Access to the Countryside Act 1949 (c. 97) as substituted by the Environment Protection Act 1990, section 130 and Schedule 8 paragraph 1, and the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416).

(3)

See section 128 and 130 of the Environment Protection Act 1990 (c. 43).

(4)

O.J. No. L175, 5.7.85, p. 4.

(5)

O.J. No. L73, 14.3.97, p. 5.

(6)

See section 1(1) of the Environment Act 1995 (c. 25).

(7)

S.I. 1995/418, to which there are amendments which are not relevant to these Regulations.

(8)

1991 c. 56.