The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2017

Amendments to regulation 2 E+W

3.—(1) Regulation 2 (interpretation) is renumbered as paragraph (1) of that regulation.

(2) In paragraph (1) (as renumbered)—

(a) at the appropriate places insert—

““environmental impact assessment” means—

(a)

the preparation of an environmental statement under regulation 5;

(b)

the carrying out of consultations under regulation 7;

(c)

the consideration of the environmental statement and other information under regulation 7A(1);

(d)

reaching a conclusion about the likely significant environmental effects of the project under regulation 7A(2); and

(e)

the consideration of that conclusion in the decision of whether or not to grant an authorisation for, or for the variation of an authorisation relating to, a relevant project under regulation 8(2);”;

““environmental statement” has the meaning given in regulation 5;”;

““EU environmental assessment” means an assessment carried out—

(a)

under an obligation to which section 2(1) of the European Communities Act 1972 applies (other than the EIA Directive); or

(b)

under the law of any part of the United Kingdom implementing an EU obligation other than an obligation arising under the EIA Directive,

of the effect of anything on the environment;;”;

““the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(1) as last amended by Council Directive 2013/17/EU(2);”;

““UK environmental assessment” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment;”;

““the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(3), as amended by Council Directive 2013/17/EU;”;

(b) in the definition of “appropriate Minister”, for paragraph (a) substitute—

“(a) in relation to a project in Wales, the Welsh Ministers;”;

(c) in the definition of “consultation bodies”(4)—

(i) in paragraph (b) for “the Countryside Agency, English Nature” substitute “Natural England(5)”;

(ii) in paragraph (c) for “National Assembly for Wales in its” substitute “Welsh Ministers for the”;

(iii) in paragraph (d) after “responsibilities” insert “or local or regional competences”;

(d) for the definition of the “EIA Directive”(6) substitute—

““the EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment(7), as amended by Directive 2014/52/EU of the European Parliament and of the Council(8);”.

(3) After paragraph (1) (as renumbered) insert—

“(2) In these Regulations, any reference to the likely significant effects, or the likely significant adverse effects, of a relevant project, or a project which may be a relevant project, on the environment includes a reference to the effects of that project on the environment once any construction, installation or other intervention is completed and in operation.

(3) In paragraph (2) each reference to the environment includes a reference to the matters referred to in regulation 7A(2)(a) to (e).”.

Commencement Information

I1 Reg. 3 in force at 16.5.2017, see reg. 1(1)

(1)

OJ No L 206, 22.7.1992, p. 7.

(2)

OJ No L 158, 10.6.2013, p. 193.

(3)

OJ No L 20, 26.1.2010, p. 7.

(4)

The definition of “consultation bodies” was amended by S.I. 2006/3124, 2013/755 (W. 90).

(5)

Natural England was established by section 1(1) of the Natural Environment and Rural Communities Act 2006 (c. 16).

(6)

The definition of “EIA Directive” was amended by S.I. 2006/3124.

(7)

OJ No L 26, 28.1.2012, p. 1.

(8)

OJ No L 124, 25.4.2014, p. 1.