Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988 “the principal Regulations”), which implement in England and Wales, in relation to the projects to which they apply, Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ No. L175, 5.7.85, p.40).
In addition to minor and drafting amendments, the Regulations made the following changes of substance to the principal Regulations—
the procedures to be followed by a drainage body where it considers that an environmental statement should, or alternatively should not, be prepared in respect of proposed improvement works, are modified (regulation 4);
where a drainage body is required to provide further information to the appropriate Minister, (as defined in regulation 2(1) of the principal Regulations) with a view to his deciding whether to consent to proposed works, the drainage body is required to comply with the same requirements as to publicity and consultation as apply in relation to the preparation of an environmental statement (regulation 7);
when notifying its decision as to whether proposed works should be carried out, a drainage body is required to confirm in writing that it has considered the proposals, the environmental statement and any representations made in respect thereof. A similar requirement is imposed on the appropriate Minister (regulation 7).