4B.—(1) Where proposed arterial drainage works are sub-threshold drainage works, the Commissioners—

(a) shall provide the information specified in Annex IIA to the directive to the Minister, taking into account, where relevant, the available results of other relevant assessments of the effects on the environment carried out pursuant to the law of the European Union (or the law of a Member State giving effect to that law), other than the directive, and

(b) may provide a description of any features of the drainage works, or measures, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(2) Where the Minister receives information from the Commissioners under subsection (1) he or she shall make a determination as to whether the sub-threshold drainage works concerned are likely to have a significant effect on the environment on the basis of such information, taking into account—

(a) the relevant selection criteria specified in Annex III to the directive, and

(b) where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to the law of the European Union (or the law of a Member State giving effect to that law), other than the directive.

(3) A determination made under subsection (2) shall—

(a) where the determination is that the sub-threshold drainage works concerned are likely to have a significant effect on the environment, specify the main reasons for that determination, by reference to the relevant criteria specified in Annex III to the directive, and

(b) where the determination is that the sub-threshold drainage works concerned are not likely to have a significant effect on the environment—

(i) specify the main reasons for that determination, by reference to the relevant criteria specified in Annex III to the directive, and

(ii) in a case in which such a description has been provided under subsection (1)(b), include a description of any features of the drainage works, or measures, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(4) Subject to subsection (5), a determination under subsection (2) shall be made as soon as possible and in any event, subject to subsection (5), not later than 90 days from the date on which the Commissioners have provided all of the information required to be provided to the Minister under subsection (1).

(5) The Minister may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the sub-threshold drainage works, extend the 90 day period referred to in subsection (4) in order to make his or her determination and in such cases he or she shall inform the Commissioners in writing of the reasons justifying the extension and of the date when his or her determination is expected.

(6) The Minister shall make an electronic version of any determination made under subsection (2) available to the public on a website maintained by him or her.]