43.—(1) Where the Commissioners propose to undertake either—

(a) a drainage scheme within the meaning of the F135[Arterial Drainage Acts, 1945 and 1995], which is one to which this section applies, or

(b) any other land drainage scheme,

F136[which is likely or liable to affect, or to interfere with, or is] in respect of an area which includes land to which an establishment order, a recognition order or a designation order applies, or land to which an agreement made under section 18 of this Act applies F137[or land particulars of which have been included in a notice or order under Chapter II of Part III of the Wildlife (Amendment) Act, 2000], the Commissioners shall, before commencing the scheme, consult the Minister to ascertain if and to what extent the proposed scheme if carried out would affect or interfere with the suitability of the land affected by the scheme for a F138[nature reserve, refuge, natural heritage area or area subject to a notice served under section 16(2)(b) of the Wildlife (Amendment) Act, 2000], as may be appropriate, and take all practicable steps including, where appropriate, the limitation of the drainage scheme to minimise or avoid such effect or interference.

(2) This section applies to any drainage scheme within the meaning of the Arterial Drainage Act, 1945, not being a scheme of which a copy has been exhibited in accordance with section 5 of that Act before the commencement of this section.