Regulation 3A Defence and civil emergenciesF1
The Secretary of State may direct that improvement works or a part of any improvement works are exempt where—
the improvement works have national defence as their sole purpose; and
the Secretary of State considers that an environmental impact assessment in respect of the improvement works or the part of the improvement works would have an adverse effect on the fulfilment of that purpose.
The appropriate Authority may direct that improvement works are exempt where—
the improvement works have the response to a civil emergency as their sole purpose; and
the appropriate Authority considers that an environmental impact assessment in respect of the improvement works would have an adverse effect on the fulfilment of that purpose.
The effect of a direction under paragraph (1) or (2) that improvement works are exempt is that these Regulations, except for paragraphs (5) and (6), do not apply to the improvement works.
The effect of a direction under paragraph (1) that a part of any improvement works are exempt is that the improvement works are treated under these Regulations as not including the part of the improvement works the subject of the direction.
Following a direction under paragraph (1) or (2), the person who made the direction must send notice of the direction to the drainage body concerned.
Following a direction under paragraph (1) in respect of improvement works in Wales, the Secretary of State must send notice of the direction to the Welsh Ministers.
Annotations
Textual amendments
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Regs. 3A-3C inserted (16.5.2017) by The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2017 (S.I. 2017/585), regs. 1(1), 5 (with reg. 22)