The Transport and Works (Assessment of Environmental Effects) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for amendments to the Transport and Works Act 1992 (“the Act”). The amendments implement, in the context of applications for orders under the Act, certain provisions in Council Directive 85/337/EEC of 27 June 1985 (which relates to the assessment of the effects of certain public and private projects on the environment), as that Directive has been amended by Council Directive 97/11/EC of 3 March 1997.

Section 6 of the Act is amended to enable Rules made under that section to implement provisions in the amended Directive requiring the Member State to ensure (1) that the competent authority gives an opinion on the scope of information to be supplied by the developer (Article 5(2) of the Directive) and (2) that authorities holding relevant information make that information available to the developer (Article 5(4)).

A new section 6A of the Act is provided to enable the making of rules for cases where another Member State is affected by a project (Article 7). The rules may provide as to documents and information to be provided to, and consultation with, the Member State and notification to it of the decision on the application for the order.

The provisions in the amended Directive which relate to the requirements for publicity following decisions giving consent for development (Article 9(1)) are implemented by an amendment to section 14 of the Act, providing for a description to be given of the main measures in respect of adverse environmental effects of the project.

These amendments to the Act, and Rules to be made under the authority of the amended sections, will complete the action needed to implement the Directive in the context of applications for orders under the Act.