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The Environmental Impact Assessment (Scotland) Regulations 1999

ANNEX F: CERTAIN LAND DRAINAGE PROJECTS UNDER THE LAND DRAINAGE (SCOTLAND) ACT 1958

1. The Land Drainage (Scotland) Act 1958 makes provision for the approval of works to improve the drainage of agricultural land or carry out works to prevent erosion or flooding. The Act, while it does not exclude individuals, is primarily aimed at groups of landowners who wish to co-operate in carrying out works affecting more than one property. Improvement schemes promoted under the Act invariably involve works of larger scale than is undertaken at any one time by individual farmers acting on their own.

2. Landowners must apply to Scottish Ministers for an Improvement Order, which authorises the work to be carried out, at agreed estimated costs. Orders may also make provision for the maintenance of the works and they may provide for the appointment of an Improvement Committee to administer the scheme. Before making an Improvement Order Scottish Ministers must satisfy themselves that the applicants' proposals are in the interests of agriculture in the area, that the works will be cost-effective and that there are no unresolved objections.

Procedures

3. The Act provides that, before an Improvement Order is made authorising drainage or river works to be carried out, Scottish Ministers shall advertise the proposals in the local press and shall make copies available for local inspection. They must also serve notice on:

a) all owners and occupiers of land in the improvement area; and

b) all owners and occupiers of other land on which drainage or protective works are proposed; and

c) any local authority or other statutory body which, in Scottish Ministers' opinion, may be affected by what is proposed. Statutory bodies include the "consultation bodies" as listed at paragraph 99 (see regulation 2(1)).

4. If objections are lodged which cannot be resolved and are not withdrawn, Scottish Ministers will hold a public local inquiry before deciding whether to proceed with the proposed Improvement Order.

5. These provisions are unaffected by the Environmental Impact Assessment (Scotland) Regulations, except if an objection is made on environmental grounds by any of the "consultation bodies" (i.e. the project is deemed likely to have a significant effect on the environment).

6. Unresolved environmental objections will, like any other objections not withdrawn, be reason for holding a public local inquiry.

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