Arterial Drainage Act 1945

4A

F8[Environmental impact assessment

4A.(1) An environmental impact assessment in respect of proposed arterial drainage works is a process consisting of—

(a) the preparation of an environmental impact assessment report by the Commissioners,

(b) the carrying out of consultations, as referred to in sections 5 and 7C and, where relevant, sections 5A and 7D,

(c) the examination by the Minister of—

(i) the information presented in the environmental impact assessment report,

(ii) any supplementary information provided by the Commissioners in accordance with section 7B (4), and

(iii) any relevant information received through consultations under sections 5 and 7C and, where relevant, sections 5A and 7D,

(d) the reasoned conclusion by the Minister on the significant effects of the proposed arterial drainage works on the environment, taking into account the results of the examination referred to in paragraph (c) and, where appropriate, his or her own supplementary examination, and

(e) the integration of the Minister’s reasoned conclusion into any of the decisions referred to in section 7E(1).

(2) An environmental impact assessment in respect of proposed arterial drainage works shall identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of those works on the following factors:

(a) population and human health;

(b) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 19925 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20096;

(c) land, soil, water, air and climate;

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

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

(3) The effects referred to insubsection (2) on the factors set out therein shall include the expected effects deriving from the vulnerability of the proposed arterial drainage works to risks of major accidents or disasters that are relevant to those works.]

Annotations

Amendments:

F8

Inserted (21.09.2019) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019), reg. 3(c), subject to transitional provisions in reg. 4.