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These Regulations implement the Council Directive 85/337/EEC and changes made to it by Council Directive 97/11 EC. They also implement the extension of both Directives to the Contracting Parties of the European Economic Area (EEA) under Article 74 and Annex XX paragraph 1.1 of the Agreement on the European Economic Area. The Regulations bind respectively the Department of Agriculture and Rural Development in the execution of drainage works and schemes under the Drainage (Northern Ireland) Order 1973, and the Department of Culture, Arts and Leisure in the execution of canal schemes and marina works under Part III of the Water (Northern Ireland) Order 1999. The Regulations prohibit the responsible Department carrying out drainage works or marina works under Part III of the Water Order, drainage schemes or canal schemes unless specified conditions are met. Firstly the requirements of the Regulations must have been complied with, including the preparation of an "environmental statement" for the purposes of assessing proposed works or schemes which are likely to have significant effects on the environment. Secondly, in specified cases, the Water Appeals Commission must have given consent, and the works or scheme must be carried out in accordance with any conditions to which the consent is subject. The environmental effects of the drainage works or scheme must be assessed in the light, in particular, of the environmental statement and representations. If there are no objections the responsible Department may determine that it will proceed with the works or scheme. If there are objections, the proposal must be referred to the Water Appeals Commission for a determination consenting or refusing consent to the works. Determinations must be publicised (regs. 14 and 18).
These Regulations implement the Council Directive 85/337/EEC and changes made to it by Council Directive 97/11 EC. They also implement the extension of both Directives to the Contracting Parties of the European Economic Area (EEA) under Article 74 and Annex XX paragraph 1.1 of the Agreement on the European Economic Area. The Regulations bind respectively the Department of Agriculture and Rural Development in the execution of drainage works and schemes under the Drainage (Northern Ireland) Order
These Regulations revoke the Drainage (Environmental Assessment) Regulations (Northern Ireland) 1991.
Title:
Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001 (S.R. No. 394 of 2001).
Country:
United Kingdom of Great Britain and Northern Ireland
Type of document:
Regulation
Date of text:
2001
Data source: