| Statutory Instruments 1999 No. 1783 The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 - continued |
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Charges
(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-
(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.
(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-
(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.
(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[15] 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". 1. Description of the improvement works, including in particular-
(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used; (c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed improvement works.
2.
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.
(b) the use of natural resources; (c) the emission of pollutants, the creation of nuisances and the elimination of waste,
and the description by the drainage body of the forecasting methods used to assess the effects on the environment. Characteristics of improvement works 1. The characteristics of improvement works must be considered having regard, in particular, to:
Location of improvement works
(b) coastal zones; (c) mountain and forest areas; (d) nature reserves and parks; (e) areas classified or protected under Member States' legislation; special protection areas designated by Member States pursuant to Directive 79/409/EEC (on the conservation of wild birds)[16], as amended, and Directive 92/43/EEC (on the conservation of natural habitats of wild fauna and flora)[17], as amended; (f) areas in which the environmental quality standards laid down in Community legislation have already been exceeded; (g) densely populated areas; (h) landscapes of historical, cultural or archaeological significance.
Characteristics of the potential impact
1. Where it appears to a drainage body that improvement works would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected requests, the drainage body shall-
(b) supply to the appropriate Authority all information or documents in their possession which are reasonably required by the appropriate Authority for the purpose of complying with the requirements of this Schedule.
2.
Where it appears to the appropriate Authority that improvement works would be likely to have significant effects on the environment of another EEA State or where another EEA State likely to be significantly affected requests, the appropriate Authority shall-
(b) publish the information referred to in sub-paragraph (a) above in a notice placed in the London Gazette with an indication of where further information is available; (c) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide; and (d) inform the drainage body.
3.
The particulars referred to in paragraph 2(a) above are-
(b) information on the nature of the determination which may be made.
4.
Where an EEA State indicates, in accordance with paragraph 2(c) above, that it wishes to participate in the procedure for which these Regulations provide, the appropriate Authority shall as soon as possible send to that EEA State the following information:-
(b) a copy of the environmental statement in respect of the improvement works; and (c) relevant information regarding the procedure under these Regulations,
but only to the extent that such information has not been provided to the EEA State earlier under paragraph 2(a) above.
(b) ensure that those authorities and the public concerned are given an opportunity, before a determination is made as to whether the improvement works should proceed, to forward to the appropriate Authority, within a reasonable time, their opinion on the information supplied.
6.
The appropriate Authority shall in accordance with Article 7(4) of the Directive,-
(b) determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.
7.
Where an EEA State has been consulted in accordance with paragraph 6, the appropriate Authority shall inform the EEA State of the determination in respect of the improvement works in question and shall forward to it a statement of-
(b) the main reasons and considerations on which the determination is based; and (c) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the improvement works.
The environmental factors are-
(b) soil, water, air, climate and the landscape; (c) material assets and the cultural heritage; and (d) the interaction between the factors mentioned in sub-paragraphs (a) to (c) above.
(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:-
(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). Notes: [12] S.I. 1988/1217.back [14] S.I. 1988/1217 amended by S.I. 1995/2195.back [15] S.I. 1995/418, to which there are amendments which are not relevant to these Regulations.back [16] O.J. No. L103, 25.4.79, p. 1.back [17] O.J. No. L206, 22.7.92, p. 7.back
ISBN 0 11 082920 4
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