Regulation 4 Requirement for environmental statement

For regulation 3 there shall be substituted the following regulation—

“3

(1)

No drainage body shall carry out any improvement works unless they have first completed the procedure prescribed by these Regulations.

(2)

Where a drainage body propose to carry out any improvement works they shall consider whether, by reason inter alia of their nature, size or location, the proposed works are likely to have significant effects on the environment and ought therefore to be made the subject of an environmental statement.

(3)

Where, pursuant to paragraph (2) above, a drainage body considers that any improvement works which they propose to carry out ought to be made the subject of an environmental statement, they shall, by notice in at least two local newspapers—

(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; and

(c)

state that they intend to prepare an environmental statement in respect of the proposed improvement works.

(4)

Where, pursuant to paragraph (2) above, a drainage body considers that any improvement works which they propose to carry out ought not to be made the subject of an environmental statement, they shall, by notice in at least two local newspapers—

(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; and

(d)

give notice that any person or body 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 28 days of the date of publication of the notice.

(5)

Where a drainage body publishes a notice pursuant to paragraph (3) or (4) above, they shall send a copy of that notice to the consultation bodies.

(6)

Where paragraph (4) above applies and no representations made in accordance with paragraph (4)(d) above are received in relation to proposed improvement works within the time specified, the drainage body may proceed to carry out those works without preparing an environmental statement.”.