Regulation 12D Determination that improvement works may proceed: conditionsF1

(1)

The relevant authority may make a determination under regulation 12A(3)(a) or 12C(2)(a) authorising improvement works to proceed subject to conditions.

(2)

The relevant authority may impose a condition under paragraph (1) in relation to monitoring only if satisfied that—

(a)

existing monitoring arrangements in accordance with an obligation under the law of any part of the United Kingdom cannot be relied on;

(b)

the type of parameters to be monitored and the duration of monitoring are proportionate to the nature, location and size of the improvement works and the significance of their effect on the environment.

(3)

In this regulation, the “relevant authority” means—

(a)

in respect of a determination under regulation 12A(3)(a), the drainage body;

(b)

in respect of a determination under regulation 12C(2)(a), the appropriate Authority.

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)