Regulation 3B Exceptional circumstancesF1
The appropriate Authority may direct that improvement works are exempt where the circumstances are exceptional and it considers that—
the application of these Regulations to the improvement works would have an adverse effect on the fulfilment of the improvement works’ purpose; and
the objectives of the EIA Directive will be met even though such an assessment is not carried out.
The effect of a direction that improvement works are exempt under paragraph (1) is that these Regulations, except for paragraphs (3) and (4) do not apply to the improvement works.
Where the appropriate Authority makes a direction that improvement works are exempt under paragraph (1) it must—
consider whether another form of assessment of the likely significant effects on the environment of the improvement works is appropriate;
send a copy of the direction to the drainage body concerned; and
publish in at least two newspapers local to the site of the improvement works a notice which briefly describes—
the improvement works; and
the effect of the direction and the reasons for it.
Where the appropriate Authority considers that another form of assessment is appropriate in accordance with paragraph (3)(a), it must make available to the public concerned the information obtained under that other assessment.
Annotations
Textual amendments
- F1
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)