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Regulation 4 Preparation of environmental statement

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a drainage body have stated in pursuance of regulation 3(2)(c) that they propose to prepare an environmental statement in relation to proposed improvement works that body shall proceed to prepare such a statement.

(2)

The drainage body shall consider any representations made in accordance with regulation 3(2)(d), and if, having done so, —

(a)

the drainage body decide to prepare such an environmental statement, they shall so inform those persons or bodies who have made representations, and shall proceed to prepare the statement; or

(b)

if they decide not to prepare such a statement they shall apply to the appropriate Minister for his direction as to whether an environmental statement is required, providing him with all the relevant facts and copies of all relevant documents in their possession.

(3)

Where the appropriate Minister considers that the information put before him in pursuance of paragraph (2)(b) above does not provide him with sufficient information to enable him to give a direction he shall notify the drainage body in writing of the points on which he requires further information, and may make a written request to that body for such information as they may be able to provide on the points raised.

(4)

Where an application for a direction is made to the appropriate Minister under paragraph (2)(b) above, the Minister shall, on the basis of the considerations referred to in regulation 3(2), the information supplied to him under paragraph (2)(b) above and any information provided pursuant to paragraph (3) above, give his direction accordingly, and inform the drainage body or bodies and those persons who made representations of his decision.

(5)

If the appropriate Minister directs that an environmental statement is required, the drainage body which applied for his direction shall forthwith proceed to prepare one.