UK agency and legislative context - Introduction to Environmental Impact Assessment - page 84

3.5.3 Environmental Impact Assessment (Land Drainage Improvement
Works) Regulations 1999 (SI 1783)
The EIA (Land Drainage Improvement Works) Regulations apply to almost all
watercourses in England and Wales except public-health sewers. If a drainage body
(including a local authority acting as a drainage body) determines that its proposed
improvement actions are likely to have a significant environmental effect, it must publish
a description of the proposed actions in two local newspapers and indicate whether it
intends to prepare an EIS. If it does not intend to prepare one, the public can make
representations within 28 days concerning any possible environmental impacts of the
proposal; if no representations are made, the drainage body can proceed without an EIS.
If representations are made, but the drainage body still wants to proceed without an EIS,
DEFRA (National Assembly in Wales) gives a decision on the issue at ministerial level.
The contents required of the EIS under these regulations are virtually identical to those
under the T&CP Regulations. When the EIS is complete, the drainage body must publish
a notice in two local newspapers, send copies to English Nature, the Countryside Agency
and any other relevant bodies and make copies of the EIS available at a reasonable
charge. Representations must be made within 28 days and are considered by the drainage
body in making its decision. If all objections are then withdrawn, the works can proceed;
otherwise the minister gives a decision. Overall, these regulations are considerably
weaker than the T&CP Regulations because of their weighting in favour of consent,
unless objections are raised, and their minimal requirements for consultation with
environmental organizations.
3.5.4 Electricity Works (Assessment of Environmental Effects)
Regulations 2000 (SI 1927) The Nuclear Reactors (Environmental
Impact Assessment for Decommissioning) Regulations 1999 (SI 2892)
The construction or extension of power stations exceeding 50 MW, and the installation of
overhead power lines, requires consent from the SoS for the DTI, under Sections 36 and
37 of the Electricity Act 1989. The Electricity Works (EIA) Regulations 2000 is part of
the procedure for applications under these provisions. EIA is required for:
• all thermal and nuclear power stations which fall under Annex 1 of the Directive (i.e.
thermal power stations of 300 MW or more, and nuclear power stations of at least 50
MW);
• construction of overhead power lines of 220 KV or more and over 15km in length.
The regulations also require proposed power stations not covered by Annex I, and all
overhead power lines of at least 132 KV, to be screened for EIA. Power stations of less
than 50 MW are approved under the planning legislation, through the T&CP (EIA)
Regulations. The Electricity Works Regulations allow a developer to make a written
request to the SoS to decide whether an EIA is needed. The SoS must consult with the
LPA before making a decision. When a developer gives notice that an EIS is being
prepared, the SoS must notify the LPA or the principal council for the relevant area, the
Countryside Agency, EN and the Environment Agency in the case of a power station, so
that they can provide relevant information to the applicant. The contents required of the
EIS are almost identical to those listed in the T&CP Regulations.