# The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999, Regulation 5: Requirements where a drainage body consider improvement works are not likely to have significant effects on the environment

Extent: E+W

(1) Where, under regulation 4 above, a drainage body consider that the improvement works are not likely to have significant effects on the environment, they shall, , subject to regulation 13B below, by notice in at least two local newspapers and on any website maintained by the drainage body–
(a) announce that they propose to carry out the improvement works in question;
(b) describe briefly the nature, size and location of the proposed improvement works;
(c) state that they do not intend to prepare an environmental statement in respect of the proposed improvement works; ...
(ca) state the main reasons for not intending to prepare an environmental statement by reference to the selection criteria listed in Schedule 2;
(cb) state any features of the improvement works or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment;
(d) give notice that any person who wishes to do so should make representations to them in writing in relation to the likely environmental effects of the proposed improvement works at an address specified in the notice within 30 days of the date of publication of the notice ; and
(e) describe what additional information concerning the improvement works is available, and where it can be obtained.
(2) A drainage body which publishes a notice under paragraph (1) above shall, on or before the date of such publication, supply a copy of the notice to each of the consultation bodies so that they have an opportunity to make representations in relation to the likely environmental effects of the proposed improvement works before expiry of the period specified in the notice.
(3) Where, within the period provided for in paragraph (1)(d) above ..., no representations have been made to the effect that the works are likely to have significant effects on the environment, the drainage body may proceed to carry out the improvement works.
(4) Where, following the period provided for in paragraph (1)(d) above ..., the drainage body consider (whether in the light of any representations or otherwise) that the improvement works are likely to have significant effects on the environment, they shall so determine.
(5) Where, within the period provided in paragraph (1)(d) above ..., any representations have been made to the effect that the works are likely to have significant effects on the environment and, notwithstanding those representations, the drainage body still consider that the improvement works are not likely to have significant effects on the environment, they shall apply to the appropriate Authority for a determination of whether the improvement works are likely to have significant effects on the environment and shall provide the Authority with the information referred to in paragraph (5A).
(5A) The information is—
(a) the information referred to in Schedule 2A, taking into account the results of any relevant UK environmental assessment which are reasonably available to the applicant; and
(b) if the drainage body elects to provide it, a description of any measure proposed to be taken to avoid or prevent any likely significant adverse effects on the environment.
(6) Where the appropriate Authority considers that the information and copy documents provided in accordance with paragraph (5) above do not provide sufficient information to enable a determination to be made, that Authority shall notify the drainage body in writing of the points on which further information is required and may make a written request to the drainage body for such information as they may be able to provide on the points raised.
(7) Where an application is made to the appropriate Authority under paragraph (5), the appropriate Authority shall determine whether the improvement works are likely to have significant effects on the environment, taking into account—
(a) the information provided under paragraph (5);
(b) the selection criteria in Schedule 2; and
(c) the results of any relevant UK environmental assessment which are reasonably available to the applicant.
(8) Following the determination under paragraph (7), the appropriate Authority shall inform the drainage body in writing of the determination.
(9) The determination under paragraph (7) shall be made as soon as possible but, subject to paragraph (10), within the period of 45 days beginning with the date on which the drainage body has submitted all the information required under paragraph (5).
(10) In exceptional cases (including relating to the nature, complexity, location or size of the improvement works), the appropriate Authority may extend the 45-day period referred to in paragraph (9).
(11) Where the appropriate Authority extends the 45-day period under paragraph (10), it shall inform the drainage body in writing of the reasons justifying the extension and of the date on which its determination is expected.

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Source: https://www.legislation.gov.uk/uksi/1999/1783/regulation/5 (the official version)
Page: https://openlegislation.uk/environmental-impact-assessment-land-drainage-improvement-works-regulations-1999/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.