12A.—(1) Where the Commissioners form the opinion that a scheme variation proposed in respect of a drainage scheme confirmed by the Minister may have significant effects on the environment—

(a) section 4B shall apply to the arterial drainage works to be executed in pursuance of the proposed scheme variation as if those works were sub-threshold drainage works, and

(b) section 9(a) and (b) and section 12 shall not apply in respect of the scheme variation unless an order is made under section 7 or 7E (as applied and modified in accordance with this section) confirming the scheme variation.

(2) Where the Minister determines under section 4B (as applied in accordance with subsection (1)) that arterial drainage works to be executed in pursuance of a proposed scheme variation are likely to have a significant effect on the environment, sections 4A, 4C(2), 4D, 4E, 4F, 7B, 7C, 7D, 7E, 7F, 7G, 7H and 7I shall, subject to the modifications specified in subsection (3), apply—

(a) to the proposed scheme variation as if it were an EIA drainage scheme, and

(b) to those works as if those works were sub-threshold drainage works in respect of which he or she had made a determination under section 4B(2) that the works were likely to have a significant effect on the environment.

(3) The modifications referred to in subsection (2) are as follows:

(a) in section 4A(1)—

(i) in paragraph (a), the substitution of "consultations, as referred to in sections 7C and, where relevant, section 7D" for "consultations, as referred to in sections 5 and 7C and, where relevant, sections 5A and 7D", and

(ii) in paragraph (c)(iii), the substitution of "consultations under section 7C and, where relevant, section 7D" for "consultations under sections 5 and 7C and, where relevant, sections 5A and 7D";

(b) in section 7B—

(i) the deletion of subsections (1) and (2), and

(ii) the substitution of the following subsection for subsection (3):

"(3) When the Commissioners have prepared an EIA drainage scheme and the environmental impact assessment report relating to that scheme, they shall submit that scheme and report to the Minister.";

(c) in section 7C(1), the substitution of "section 7B(3)" for "section 7B(3)(b)";

(d) in section 7E, the substitution of "section 7B(3)" for "section 7B(3)(b)" in each place where it occurs.

(4) Where the Minister determines under section 4B (as applied in accordance with subsection (1)) that arterial drainage works to be executed in pursuance of a scheme variation are not likely to have a significant effect on the environment, section 7 shall, subject to the modification specified in subsection (5), apply to the scheme variation and those works as if those works were sub-threshold drainage works in respect of which he or she had made a determination under section 4B(2) that the works were not likely to have a significant effect on the environment.

(5) The modification referred to in subsection (4) is the substitution of the following subsection for section 7(2):

"(2) The Commissioners shall—

(a) after consultation with the Minister for Transport, Tourism and Sport, the Minister for Culture, Heritage and the Gaeltacht, the Minister for Communications, Climate Action and Environment, the Minister for Agriculture, Food and the Marine, the Minister for Housing, Planning and Local Government, and such other (if any) Minister of the Government as they shall think proper, make such, if any, alterations (whether by addition, omission, or variation) in the drainage scheme as they shall think proper, and

(b) submit the drainage scheme as so altered (if at all) to the Minister.".

(6) In this section "scheme variation" means—

(a) an addition, omission, variation or deviation in respect of a drainage scheme confirmed by the Minister,

(b) a substantial interference with lands not mentioned in a drainage scheme confirmed by the Minister, or

(c) a diversion, removal or other interference of a road or bridge (whether public or private) not mentioned in a drainage scheme confirmed by the Minister.]