4D.—(1) Subject to subsections (2) and (3), the Minister may, following consultation with the Minister for the Housing, Planning and Local Government, by order, exempt proposed arterial drainage works from the obligation under section 4C to carry out an environmental impact assessment.

(2) The Minister may make an order under subsection (1) only where he or she is satisfied that—

(a) exceptional circumstances apply, justifying the making of the order,

(b) the carrying out of an environmental impact assessment would adversely affect the purpose of the proposed arterial drainage works concerned, and

(c) the objectives of the directive will be met, notwithstanding that an environmental impact assessment is not carried out.

(3) Where the Minister makes an order under subsection (1), he or she shall—

(a) make available to the public, on a website maintained by him or her or in such other manner as he or she thinks fit—

(i) a brief description of the proposed arterial drainage works,

(ii) the information which the Minister considered for the purposes of satisfying himself or herself of the matters referred to in subsection (2),

(iii) the reasons underlying the decision to make the order, and

(iv) a brief description of the effect of the making of the order,

(b) consider whether another form of assessment of the environmental effects of the proposed arterial drainage works would be appropriate,

(c) where he or she considers that another form of assessment would be appropriate, make available to the public, on a website maintained by him or her or in such other manner as he or she thinks fit, the information obtained by the Minister as a result of that other form of assessment being carried out,

(d) inform the Commission of the European Union before making a decision under section 7 in respect of the proposed arterial drainage works of the reasons underlying the decision to make the order, and

(e) provide the Commission of the European Union with a copy of—

(i) the information made available to the public in accordance with paragraph (a), and

(ii) the information, if any, made available to the public in accordance with paragraph (c).

(4) The Minister shall not make an order under subsection (1) where he or she is aware that the proposed arterial drainage works concerned would be likely to have significant effects on the environment of another Member State.]