Explanatory note

These Regulations implement for England and Wales, in respect of land drainage improvement works proposed by a water authority, internal drainage board or local authority (“the drainage body”), the Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L175, 5.7.85, p.40). They provide a procedure for the provision of an environmental statement covering the matters specified in the Schedule, relating to such improvements by the drainage body where that body considers that by reason of, inter alia, their nature, size or location the proposed works are likely to have a significant effect on the environment (regulation 3).

The drainage body is required to give notice of proposed works in two local papers, stating whether it intends to prepare an environmental statement. If representations concerning the likely environmental effects are then made by persons in a case where the drainage body proposes not to prepare a statement, the proposals must be referred to the Minister of Agriculture, Fisheries and Food (in relation to England) or the Secretary of State for Wales (in relation to Wales). The drainage body must then prepare an environmental statement if the appropriate Minister so directs (regulations 3 and 4).

Where a statement is prepared, the drainage body shall announce its preparation in two local newspapers, and supply copies to interested bodies. In a case where no environmental objection to a proposal is maintained the drainage body may decide to proceed with the works. Where such an objection is made and not withdrawn the drainage body shall refer the decision as to whether the works are carried out to the appropriate Minister, who shall inform the drainage body and those persons who made representations of his decision (regulations 5 and 8).