(b) any further information which is relevant to the determination under regulation 12C(2) above, and which only becomes available after the time that the public was given notice in accordance with regulation 5(1)(d), whether as a result of a request from the appropriate Authority under regulation 5(6) above or otherwise; and

(c) any further information which is relevant to the conclusion reached under regulation 12(2) above, and which becomes available after the time that the public notice was published in accordance with regulation 6(2) above.

Notices on the site of the proposed improvement works

13B

(1) Where the site of the proposed improvement works is easily visible from a public highway, the requirements in regulations 5(1), 6(2), 10(1) to 10(3), 12A(6), 12B(6) and 12C(7) to place a notice in at least two newspapers may instead be satisfied by—

(a) placing the notice in one such newspaper; and

(b) on the date on which that notice is first published, posting on the site in one or more places a notice containing the information specified in the regulation in question.

(2) Any notice of the kind referred to in paragraph (1)(b) shall—

(a) in relation to the information specified in regulation 5(1)(d), 10(2)(b) or 12B(6), specify as the period within which representations may be made the period of not less than 30 days from the date on which the notice is first posted;

(b) be left in position for not less than seven consecutive days following the date on which the notice is first posted; and

(c) be affixed firmly to some object on the site in such a way as to be easily visible to, and readable by, members of the public without going on to the land.

(3) Where the requirements in regulation 5(1), 6(2), 10(1) to 10(3), 12A(6), 12B(6) or 12C(7) as regards the placing of a notice in at least two newspapers are satisfied by the alternative means specified in paragraph (1), any reference in these Regulations—

(a) to a notice, being a notice published under or in accordance with any of those regulations, means the notice published under or in accordance with regulation 13B(1)(a); and

(b) to publication of such a notice (however expressed) is a reference to publication of the notice under or in accordance with regulation 13B(1)(a).

Enforcement

Revocations, savings and amendments

Defence and civil emergencies

3A

(1) The Secretary of State may direct that improvement works or a part of any improvement works are exempt where—

(a) the improvement works have national defence as their sole purpose; and

(b) the Secretary of State considers that an environmental impact assessment in respect of the improvement works or the part of the improvement works would have an adverse effect on the fulfilment of that purpose.

(2) The appropriate Authority may direct that improvement works are exempt where—

(a) the improvement works have the response to a civil emergency as their sole purpose; and

(b) the appropriate Authority considers that an environmental impact assessment in respect of the improvement works would have an adverse effect on the fulfilment of that purpose.

(3) The effect of a direction under paragraph (1) or (2) that improvement works are exempt is that these Regulations, except for paragraphs (5) and (6), do not apply to the improvement works.

(4) The effect of a direction under paragraph (1) that a part of any improvement works are exempt is that the improvement works are treated under these Regulations as not including the part of the improvement works the subject of the direction.

(5) Following a direction under paragraph (1) or (2), the person who made the direction must send notice of the direction to the drainage body concerned.

(6) Following a direction under paragraph (1) in respect of improvement works in Wales, the Secretary of State must send notice of the direction to the Welsh Ministers.

Exceptional circumstances

3B

(1) The appropriate Authority may direct that improvement works are exempt where the circumstances are exceptional and it considers that—

(a) the application of these Regulations to the improvement works would have an adverse effect on the fulfilment of the improvement works’ purpose; and

(b) the objectives of the EIA Directive will be met even though such an assessment is not carried out.

(2) The effect of a direction that improvement works are exempt under paragraph (1) is that these Regulations, except for paragraphs (3) and (4) do not apply to the improvement works.

(3) Where the appropriate Authority makes a direction that improvement works are exempt under paragraph (1) it must—

(a) consider whether another form of assessment of the likely significant effects on the environment of the improvement works is appropriate;

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

(i) the improvement works; and

(ii) the effect of the direction and the reasons for it.

(4) Where the appropriate Authority considers that another form of assessment is appropriate in accordance with paragraph (3)(a), it must make available to the public concerned the information obtained under that other assessment.

Coordination

3C

Where, in respect of improvement works, there is a requirement to carry out an environmental impact assessment and a requirement to carry out an assessment under regulation 24 or 63 of the Conservation of Habitats and Species Regulations 2017 , the appropriate Authority must, where appropriate, ensure that the environmental impact assessment and the other assessment, or assessments, are coordinated.

Determination of whether improvement works have significant effects on the environment

Requirements where a drainage body consider improvement works are not likely to have significant effects on the environment

Notification of determination that improvement works are likely to have significant effects on the environment

Preparation of environmental statement

Request as to the information to be included in an environmental statement

Assistance in preparation of environmental statements

Publicity for environmental statements

Information for another EEA State

Conclusion about environmental impact: drainage body

Determination of whether improvement works should proceed: drainage body

12A

(1) This regulation applies where—

(a) no objection in relation to the likely significant environmental effects of the improvement works has been made; or

(b) any such objection has been withdrawn.

(2) The drainage body must consider—

(a) the conclusion reached under regulation 12(2) in respect of the improvement works and the reasons for that conclusion;

(b) whether it is appropriate for the drainage body to monitor the significant adverse effects of the improvement works on the environment, and if so—

(i) whether a determination to proceed with the improvement works should be made subject to conditions to ensure that the drainage body is under such a duty; and

(ii) whether a determination to proceed with the improvement works should be made subject to conditions to require remedial action to be taken in circumstances described in the conditions;

(c) whether, having regard to the likely significant environmental effects of the improvement works, a determination to proceed should be made subject to any other conditions.

(3) Following that consideration, the drainage body must determine that the improvement works—

(a) should proceed; or

(b) should not proceed.

(4) The drainage body may make a determination under paragraph (3)(a) only if satisfied that the conclusion reached under paragraph 12(2) in respect of the improvement works and the reasons for it address the likely significant environmental effects of the improvement works.

(5) Where a drainage body has determined—

(a) in accordance with paragraph (3)(a), that the drainage body should proceed with the improvement works or that the drainage body should proceed subject to conditions; or

(b) that the drainage body should not so proceed,

the drainage body must promptly, subject to regulation 13B, take the steps set out in paragraph (6).

(6) The steps are to inform the following of the information referred to in paragraph (7)—

(a) the public, by notice in at least two local newspapers, or by such other means as are reasonable in the circumstances; and

(b) the consultation bodies, by notice.

(7) The information is —

(a) the determination under paragraph (2) and any conditions attached to it;

(b) the main reasons and considerations on which the determination is based; and

(c) a summary of the result of any consultation under regulation 10 and how that information has been taken into account.

(8) The drainage body must make its determination under paragraph (3) within a reasonable period of time, taking into account the nature and complexity of the application and improvement works.

Conclusion about environmental impact: appropriate Authority

12B

(1) This regulation and regulation 12C apply where—

(a) an objection in relation to the likely significant environmental effects of the improvement works has been made;

(b) the objection has not been withdrawn; and

(2) The drainage body must refer the proposal for improvement works together with the environmental statement and any representations on it to the appropriate Authority.

(3) The appropriate Authority must consider (ensuring that in doing so it has or has access to any expertise it considers necessary)—

(a) the environmental statement and any representations made in accordance with regulation 10; and

(b) any features of the improvement works or measures to avoid, prevent, reduce or offset any likely significant effects of the improvement works on the environment.

(4) Following that consideration, the appropriate Authority must reach a conclusion about the likely significant effects (including the expected effects deriving from the vulnerability of the improvement works to risks of major accidents or disasters) of the improvement works on—

(a) population and human health;

(b) biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom that implemented the Habitats Directive and the Wild Birds Directive;

(d) material assets, cultural heritage and the landscape;

(e) the interaction between the factors referred to in sub-paragraphs (a) to (d).

(5) Where the appropriate Authority considers that—

(a) the information supplied in accordance with paragraph (2) does not provide sufficient information to enable it to reach a conclusion under paragraph (4); and

(b) the drainage body may reasonably be required to compile further information relevant to that conclusion,

the appropriate Authority must notify the drainage body of the further information required.

(6) After a notification under paragraph (5), the drainage body must promptly—

(a) send the further information to the appropriate Authority;

(b) publish a notice in at least two local newspapers—

(i) announcing that the further information is available and giving details of the place and times where a copy may be inspected; and

(ii) stating that any person who wishes to make representations on the likely environmental effects of the improvement works to which the further information relates must make them in writing to the appropriate Authority at the address specified in the notice within 30 days of the date of the publication of the notice;

(d) on or before the date of publication of that notice, supply a copy of the notice and further information and notice to each of the consultation bodies; and

(e) provide a copy of the further information to any other person who requests one.

Determination of whether improvement works should proceed: appropriate Authority

12C

(1) The appropriate Authority must consider—

(a) the conclusion reached under regulation 12B(4) in respect of the improvement works and the reasons for that conclusion;

(b) whether it is appropriate for the drainage body to monitor the significant adverse effects of the improvement works on the environment, and if so—

(i) whether consent should be given subject to conditions to ensure that the drainage body is under such a duty; and

(ii) whether consent should be given subject to conditions to require remedial action to be taken in circumstances described in the conditions;

(c) whether, having regard to the likely significant environmental effects of the improvement works, consent should be given subject to any other conditions.

(2) Following that consideration, the appropriate Authority must—

(a) consent to the carrying out of the improvement works; or

(b) refuse consent to the improvement works.

(3) The appropriate Authority may make a determination under paragraph (2)(a) only if satisfied that the conclusion reached under regulation 12B(4) in respect of the improvement works and the reasons for it address the likely significant environmental effects of the improvement works.

(4) A determination under paragraph (2)(a) may be made subject to conditions under regulation 12D.

(5) The appropriate Authority must make its decision under paragraph (2) within a reasonable period of time starting with the date on which it is given all the information it is required to consider under regulation 12B(3), taking into account the nature and complexity of the application and improvement works.

(6) The appropriate Authority must send to the drainage body a statement in writing of—

(a) the appropriate Authority’s determination under paragraph (2) and any conditions attached to it;

(b) the main reasons and considerations upon which the determination is based, including information about the public participation process; and

(c) any features of the improvement works or measures to avoid, prevent, reduce or offset the significant adverse effects of the improvement works on the environment.

(7) The drainage body must promptly inform—

(a) the public, by notice in at least two local newspapers, or by such other means as are reasonable in the circumstances; and

(b) the consultation bodies, by notice,

of the information in paragraph (8).

(8) The information is—

(a) the appropriate Authority’s determination under paragraph (2) and any conditions attached to it;

(b) the main reasons and considerations on which the determination is based; and

(c) a summary of the result of any consultations under change type=start slip=2017-06-01 time=1496397159715regulations 10 and 12B(6) and how that information has been taken into account.

Determination that improvement works may proceed: conditions

12D

(1) The relevant authority may make a determination under regulation 12A(3)(a) or 12C(2)(a) authorising improvement works to proceed subject to conditions.

(2) The relevant authority may impose a condition under paragraph (1) in relation to monitoring only if satisfied that—

(a) existing monitoring arrangements in accordance with an obligation under the law of any part of the United Kingdom cannot be relied on;

(b) the type of parameters to be monitored and the duration of monitoring are proportionate to the nature, location and size of the improvement works and the significance of their effect on the environment.

(3) In this regulation, the “relevant authority” means—

(a) in respect of a determination under regulation 12A(3)(a), the drainage body;

(b) in respect of a determination under regulation 12C(2)(a), the appropriate Authority.

Duty to maintain a record of information

12E

(1) The drainage body must maintain a record of, and make available to the public on request, the information referred to in paragraph (2) in respect of any determination under regulation 12A(3) or 12C(2).

(2) The information is—

(a) the content of the determination and any conditions attached to it;

(b) the main reasons and considerations on which the determination is based, including information about representations received in the course of the public participation process; and

(c) any features of the improvement works or measures to avoid, prevent, reduce or offset any likely significant effects of the improvement works on the environment.

Charges

Public participation

Notices on the site of the proposed improvement works

Enforcement

Revocations, savings and amendments

8

A description of the measures envisaged to avoid, prevent, reduce or offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-works analysis). That description must explain the extent, to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and must cover both the construction and operational phases.

9

A description of the expected significant adverse effects of the improvement works on the environment deriving from the vulnerability of the improvement works to risks of major accidents or disasters which are relevant to the improvement works. Relevant information available and obtained through risk assessments pursuant to assimilated law such as any law that implemented Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC or Council Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations or UK environmental assessments may be used for this purpose provided that the requirements of any law that implemented the EIA Directive are met. Where appropriate, the description must include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

10

A non-technical summary of the information provided under paragraphs 1 to 9.

11

A reference list detailing the sources used for the descriptions and assessments included in the statement.

Type and characteristics of the potential impact

SCHEDULE 2A — Information to be taken into account in deciding whether improvement works are likely to have significant effect on environment

1

A description of the improvement works, including in particular—

(a) a description of the physical characteristics of the whole improvement works and, where relevant, of demolition works;

(b) a description of the location of the improvement works, with particular regard to the environmental sensitivity of geographical areas likely to be affected.

2

A description of the aspects of the environment likely to be significantly affected by the improvement works.

3

A description of any likely significant effects, to the extent that the information is available on such effects, of the improvement works on the environment resulting from—

(a) the expected residues and emissions and the production of waste, where relevant;

(b) the use of natural resources, in particular soil, land, water and biodiversity.

4

The criteria in Schedule 2 must be taken into account, where relevant, when compiling the information in accordance with paragraphs 1 to 3.

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