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Arterial Drainage Act 1945
F17[Revision of scheme (no EIA required)
7A.—(1) Where, having been referred back for revision in accordance with section 7(2)(c), a drainage scheme is revised (in this section referred to as a "revised drainage scheme"), section 4B shall apply to the arterial drainage works to be executed in pursuance of the scheme (as so revised) as if those works were sub-threshold drainage works.
(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 revised drainage scheme 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 revised drainage scheme 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 (b), the substitution of "consultations, as referred to in section 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 revised drainage scheme are not likely to have a significant effect on the environment, section 7 shall, subject to the modification specified in subsection (5), apply—
(a) to the revised drainage scheme as if it were a drainage scheme that is not 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 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.".]
Annotations
Amendments:
F17
Inserted (21.09.2019) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019), reg. 3(g), subject to transitional provisions in reg. 4.