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Arterial Drainage Act 1945
F26[Revision of scheme (EIA required)
7J.—(1) Where a drainage scheme is revised in accordance with section 7E(1)(c) (in this section referred to as a "revised drainage scheme"), 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 the works proposed to be executed in pursuance of that scheme 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.
(2) The modifications referred to in subsection (1) 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.]
Annotations
Amendments:
F26
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.