Regulation 12B Conclusion about environmental impact: appropriate AuthorityF1

England and Wales

(1)

This regulation and regulation 12C apply where—

(a)

an objection in relation to the likely significant environmental effects of the improvement works has been made;

(b)

the objection has not been withdrawn; and

(c)

the drainage body has determined that the improvement works should proceed.

(2)

The drainage body must refer the proposal for improvement works together with the environmental statement and any representations on it to the appropriate Authority.

(3)

The appropriate Authority must consider (ensuring that in doing so it has or has access to any expertise it considers necessary)—

(a)

the environmental statement and any representations made in accordance with regulation 10; and

(b)

any features of the improvement works or measures to avoid, prevent, reduce or offset any likely significant effects of the improvement works on the environment.

(4)

Following that consideration, the appropriate Authority must reach a conclusion about the likely significant effects (including the expected effects deriving from the vulnerability of the improvement works to risks of major accidents or disasters) of the improvement works on—

(a)

population and human health;

(b)

biodiversity, with particular attention to species and habitats protected under F2any law of any part of the United Kingdom that implemented the Habitats Directive and the Wild Birds Directive;

(c)

land, soil, water, air and climate;

(d)

material assets, cultural heritage and the landscape;

(e)

the interaction between the factors referred to in sub-paragraphs (a) to (d).

(5)

Where the appropriate Authority considers that—

(a)

the information supplied in accordance with paragraph (2) does not provide sufficient information to enable it to reach a conclusion under paragraph (4); and

(b)

the drainage body may reasonably be required to compile further information relevant to that conclusion,

the appropriate Authority must notify the drainage body of the further information required.

(6)

After a notification under paragraph (5), the drainage body must promptly—

(a)

send the further information to the appropriate Authority;

(b)

publish a notice in at least two local newspapers—

(i)

announcing that the further information is available and giving details of the place and times where a copy may be inspected; and

(ii)

stating that any person who wishes to make representations on the likely environmental effects of the improvement works to which the further information relates must make them in writing to the appropriate Authority at the address specified in the notice within 30 days of the date of the publication of the notice;

(c)

place that notice and the further information on the website referred to in regulation 10(1)(b);

(d)

on or before the date of publication of that notice, supply a copy of the notice and further information and notice to each of the consultation bodies; and

(e)

provide a copy of the further information to any other person who requests one.

Annotations

Textual amendments

F1: Regs. 12-12E substituted for reg. 12 (16.5.2017) by The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2017 (S.I. 2017/585), regs. 1(1), 13 (with reg. 22)
F2: Words in reg. 12B(4)(b) inserted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 2(4); 2020 c. 1, Sch. 5 para. 1(1)