The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

Restriction on improvement works

3.—(1) Subject to paragraph (2) below, a drainage body shall not carry out any improvement works unless–

(a) they have complied with the requirements of these Regulations in relation to those improvement works; and

(b) where a proposal is referred to the appropriate Authority under regulation 12(4)–

(i) that Authority has consented to the carrying out of the improvement works; and

(ii) the works are carried out in accordance with any conditions to which the consent is subject.

(2) In accordance with Article 2(3) of the Directive, the appropriate Authority may direct that particular improvement works are exempted from the application of these Regulations.

(3) No direction shall be made under paragraph (2) above where either the appropriate Authority or the drainage body are aware that the proposed improvement works would be likely to have significant effects on the environment of another EEA State.

(4) Where the appropriate Authority makes a direction under paragraph (2) above it shall–

(a) send a copy of the direction to the drainage body; and

(b) publish in at least two newspapers local to the site of the proposed improvement works a notice which briefly describes the proposed works, explains the effect of the direction and explains the reasons for it.