The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which do not apply to Northern Ireland, implement Council Directive 85/337/EEC (O.J. No. L175, 05.7.85, p. 40) as amended by Council Directive 97/11/EC (O.J. No. L73, 3.3.97, p. 5) on the assessment of the effects of certain public and private projects on the environment insofar as it relates to proposed pipe-line works by a public gas transporter. In the Regulations, the expression “public gas transporter” means the holder of a licence under section 7(1) of the Gas Act 1986 (c. 44) authorised to convey gas through pipes (regulation 2(1)).

Directive 85/337/EEC in its unamended form applies to the European Economic Area (“EEA”) (see Article 74 of, and paragraph 1 of Annex XX to the Agreement on the European Economic Area (Cm 2073) as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cm 2183)—the Annexes to the Agreement have from time to time been amended by the EEA Joint Committee established under Article 92) with the result that there is only a requirement to provide a member of the EEA which is not a member of the European Union with information in respect of projects likely to have significant trans-boundary effects. Member States (of the European Union), however, are given rights to participate in the decision making process (regulation 13).

The Regulations require a public gas transporter proposing to undertake pipe-line works which meet criteria specified in Part 1 of Schedule 3 to submit an environmental statement in relation to those works and apply to the Secretary of State for consent to carrying them out (regulation 3(1) and (5)). (An environmental statement is a document or documents setting out the main features of the project in question and the likely environmental consequences of that project).

Where the proposed works instead meet criteria specified in Part 2 of Schedule 3, the public gas transporter must before commencing construction either–

(a) obtain from the Secretary of State a determination as to whether the proposed works should be made the subject of an environmental statement by reason of the fact that they would be likely to have significant effects on the environment by virtue of factors such as their nature, size or location, or

(b) give notice that he intends in any event to produce an environmental statement in respect of the pipe-line works (regulation 3(2)).

The matters to be covered by an environmental statement are specified in regulation 2(1) and Schedule 1.

In addition, where it appears to the Secretary of State that any pipe-line works falling outside the specified criteria would nevertheless be likely to have significant effects on the environment he is required to direct a public gas transporter to produce an environmental statement (regulation 3(3)). In any case where the Secretary of State has made a determination that an environmental statement is required, or has given a direction to that effect or the public gas transporter has given notice that he will provide an environmental statement, the consent of the Secretary of State is required before the works can be carried out (regulation 3(5)).

The Regulations set out the procedure to be followed by the Secretary of State in determining at the request of a public gas transporter whether an environmental statement is required (regulation 6), including a requirement for the Secretary of State to consult the relevant planning authorities.

Provision is made requiring the Secretary of State, when so requested, to give a preliminary opinion to a public gas transporter as to the information to be included in an environmental statement which the transporter is to submit (regulation 7). The Secretary of State is required to consult certain public bodies (defined in regulation 2(1) as “the consultation bodies”) and the public gas transporter before giving an opinion.

Provision is made for copies of determinations and directions by the Secretary of State as to the need for an environmental statement to be made available to the public by local planning authorities (regulation 8).

Provision is made to enable persons proposing to carry out pipe-line works to obtain information from the consultation bodies to assist in the preparation of environmental statements (regulation 9).

The Regulations also lay down requirements for publicity for and public consultation on the environmental statement and the application for consent (regulation 10), after which the Secretary of State may give a consent to the carrying out of the pipe-line works, with or without conditions, if he judges it appropriate (regulation 14). The Secretary of State must be satisfied before granting a consent that the requirements of the Regulations as to publicity and consultation have been substantially complied with and must consider the representations of the consultation bodies and the public. Provision is also made for consent decisions by the Secretary of State to be made public.

Power is conferred on the Secretary of State to require persons proposing to carry out pipe-line works to provide further information in relation to environmental statements submitted to him and for such information to be subject to publication requirements similar to those laid down by regulation 10 (regulation 11).

Provision is made for other member States to participate in the decision making process in relation to pipe-line works likely to have a significant effect on their environment (regulation 13).

Provision is made by the Regulations for the making of applications to the court by persons challenging certain decisions of the Secretary of State. Subject to certain exceptions, provision is also made for the Secretary of State to make applications to the court to seek remedies in respect of the carrying out of pipe-line works without a consent granted in accordance with these Regulations or in breach of any conditions attached to such a consent (regulations 15, 16 and 17).

Provision is made creating offences in respect of the intentional or reckless submission of false or misleading information pursuant to the Regulations and subject to certain exceptions, the carrying out of pipe-line works without a consent granted pursuant to the Regulations or in breach of any conditions attached to such a consent (regulation 18).

Provision is made in relation to the service of notices and other documents pursuant to the Regulations (regulation 19).

Finally, regulations 4 and 5 deal with the interaction between these Regulations and the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293) and the Environmental Assessment (Scotland) Regulations 1988 (S.I. 1988/1221) in cases where planning permission is required in respect of proposed pipe-line works by virtue of directions given under article 4 of the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) or, in Scotland, article 4 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (S.I. 1992/223).

A regulatory impact assessment is available from Oil and Gas Directorate, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET (Tel: [phone]).

Command Paper 9424 (the UNESCO Convention referred to in paragraph (f) of the definition of “sensitive area” in regulation 2(1)) is out of print but photocopies of the document can be obtained by HMSO from the British Lending Library Division (BLLD). Customers, unless already registered with BLLD, should order via HMSO (Photocopies), PO Box 276, London SW8 5DT, enclosing £5.50 per complete copy required.