Regulation 16 Drainage Order: Interpretation
In Article 2 (2)—
before the definition of “authorised” there shall be inserted the following definition—
““another EEA State” means an EEA State other than the United Kingdom;”;
before the definition of “dam” there shall be inserted the following definition—
““the Commission” means the Water Appeals Commission established under Article 7 of the Water and Sewerage Services (Northern Ireland) Order 1973f1;”;
before the definition of “drainage” there shall be inserted the following definition—
““the Directive” means Council Directive 85/337/EECf2 on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97/11/ECf3;”;
before the definition of “embankment” there shall be inserted the following definition—
““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 in Brussels on 17th March 1993;”; and
before the definition of “fish pass” there shall be inserted the following definition—
““environmental information” means information in an environmental statement and any other information provided in accordance with this Order in relation to an application or referral for a determination under Article 12A(7) or Article 12E(5) in relation to the likely environmental effects of the scheme which is the subject of the application;”;
for the definition of “environmental statement” there shall be substituted—
““environmental statement” means a statement that includes—
- (a)
such of the information referred to in Part I of Schedule 2A as is reasonably required to assess the environmental effects of the drainage scheme and which the Department can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but
- (b)
at least the information referred to in Part II of Schedule 2A;”; and
before the definitions of “the Minister” and “the Ministry” there shall be inserted the following definition—
““local newspaper” means a newspaper circulating in the immediate locality of a proposed drainage scheme;”.
After Article 2(2) there shall be inserted—
“(2A)In this Order, any reference to significant effects on the environment shall include a reference to such effects on the environment in another EEA State.”.
Annotations
Footnotes
- f1
-
S.I. 1973/70 (N.I. 2)
- f2
-
O.J. No. L175, 5.7.85, p. 40
- f3
-
O.J. No. L73, 14.3.97, p. 5