# The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999, Regulation 12A: Determination of whether improvement works should proceed: drainage body


(1) This regulation applies where—
(a) no objection in relation to the likely significant environmental effects of the improvement works has been made; or
(b) any such objection has been withdrawn.
(2) The drainage body must consider—
(a) the conclusion reached under regulation 12(2) in respect of the improvement works and the reasons for that conclusion;
(b) whether it is appropriate for the drainage body to monitor the significant adverse effects of the improvement works on the environment, and if so—
(i) whether a determination to proceed with the improvement works should be made subject to conditions to ensure that the drainage body is under such a duty; and
(ii) whether a determination to proceed with the improvement works should be made subject to conditions to require remedial action to be taken in circumstances described in the conditions;
(c) whether, having regard to the likely significant environmental effects of the improvement works, a determination to proceed should be made subject to any other conditions.
(3) Following that consideration, the drainage body must determine that the improvement works—
(a) should proceed; or
(b) should not proceed.
(4) The drainage body may make a determination under paragraph (3)(a) only if satisfied that the conclusion reached under paragraph 12(2) in respect of the improvement works and the reasons for it address the likely significant environmental effects of the improvement works.
(5) Where a drainage body has determined—
(a) in accordance with paragraph (3)(a), that the drainage body should proceed with the improvement works or that the drainage body should proceed subject to conditions; or
(b) that the drainage body should not so proceed,
the drainage body must promptly, subject to regulation 13B, take the steps set out in paragraph (6).
(6) The steps are to inform the following of the information referred to in paragraph (7)—
(a) the public, by notice in at least two local newspapers, or by such other means as are reasonable in the circumstances; and
(b) the consultation bodies, by notice.
(7) The information is —
(a) the determination under paragraph (2) and any conditions attached to it;
(b) the main reasons and considerations on which the determination is based; and
(c) a summary of the result of any consultation under regulation 10 and how that information has been taken into account.
(8) The drainage body must make its determination under paragraph (3) within a reasonable period of time, taking into account the nature and complexity of the application and improvement works.

---
Source: https://www.legislation.gov.uk/uksi/1999/1783/regulation/12A (the official version)
Page: https://openlegislation.uk/environmental-impact-assessment-land-drainage-improvement-works-regulations-1999/regulation-12A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.