Arterial Drainage Act 1945

7E

F21[Decision on EIA drainage scheme

7E.(1) Where an EIA drainage scheme has been submitted to the Minister in accordance with section 7B(3)(b), the Minister shall, following the expiry of the periods provided under sections 7C and 7D for the making of submissions and sending of observations, do whichever of the following things shall appear to him to be proper:

(a) make an order confirming the scheme,

(b) refuse to confirm the scheme, or

(c) refer the scheme back to the Commissioners for revision in specified respects.

(2) An order made under subsection (1)(a) confirming an EIA drainage scheme may be made subject to such conditions, including conditions regarding the monitoring of significant adverse effects on the environment imposed pursuant to section 7H(1), as the Minister considers appropriate.

(3) The Minister shall, when making his or her decision under subsection (1) in respect of an EIA drainage scheme—

(a) take into account—

(i) the information submitted under section 7B(3)(b) in relation to the scheme,

(ii) the supplementary information submitted in response to a request, if any, under section 7B(4),

(iii) the submissions made to the Minister under section 7C(5) and (6) in relation to the effects on the environment of the proposed drainage works concerned,

(iv) the observations sent and submissions made, if any, pursuant to section 7D, and

(v) the reports, if any, prepared by his or her officials or by consultants, experts or other advisors in relation to the scheme, and

(b) reach a reasoned conclusion on the significant effects of the scheme on the environment.

(4) The Minister shall ensure that he or she has, or has access to, sufficient expertise to examine an environmental impact assessment report.

(5) Where the Minister is required to carry out an assessment under the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011) in respect of an EIA drainage scheme, the Minister shall, where appropriate, co-ordinate the carrying out of that assessment with the carrying out of an environmental impact assessment in respect of that scheme.

(6) A decision under subsection (1) shall be made within a reasonable period of time following the expiry of the periods referred to in subsection (1).

(7) The Minister shall be satisfied, at the time of the making of a decision under subsection (1), that his or her reasoned conclusion on the significant effects of the scheme on the environment, reached under subsection (3), does not require amendment.

(8) The Minister shall notify the Commissioners in writing of his or her decision under subsection (1).

(9) Where the Minister makes an order under subsection (1) confirming a drainage scheme, the order shall include—

(a) his or her reasoned conclusion on the significant effects of the scheme on the environment,

(b) the conditions, including the conditions, if any, regarding the monitoring of significant adverse effects on the environment imposed pursuant to section 7H(1), to which the confirmation of the drainage scheme is subject, and

(c) a description of the features of the drainage scheme, or measures envisaged, if any, to avoid, prevent, reduce and, where possible, offset the significant adverse effects (if any) of the drainage scheme on the environment.

(10) Where the Minister refuses to confirm a drainage scheme under subsection (1)(b), the notification under subsection (8) shall state the main reasons for the refusal.]

Annotations

Amendments:

F21

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.