The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003

Changes over time for: Section 2

Version Superseded: 31/12/2020

Alternative versions:

Status:

Point in time view as at 16/05/2017. This version of this provision has been superseded.

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InterpretationU.K.

2.— [F1(1)] In these Regulations, expressions which are used in the EIA Directive have the same meaning as in that Directive, and—

“the 1991 Act” means the Water Resources Act 1991(1);

“abstraction or impounding licence” means a licence under Chapter II of Part II of the 1991 Act;

F2...

[F3“appropriate authority” means—

(a)

the Environment Agency in relation to a project in England;

(b)

the Natural Resources Body for Wales in relation to a project in Wales;]

“appropriate Minister” means—

(a)

[F4in relation to a project in Wales, the Welsh Ministers;]

(b)

in any other case, the Secretary of State

“authorisation” means—

(i)

an abstraction or impounding licence, or

(ii)

a consent under Part III of these Regulations;

“consultation bodies” means—

(a)

the local planning authority within the meaning of Part I of the Town and Country Planning Act 1990(3) within whose area the project is to be carried out;

(b)

in relation to a project to be carried out in England, [F5Natural England] and English Heritage;F6...

(c)

in relation to a project to be carried out in Wales, [F7the Natural Resources Body for Wales] and the [F8Welsh Ministers for the] exercise of functions in the field of ancient monuments and historic buildings(4); [F9and]

(d)

[F10other bodies designated by statutory provision as having specific environmental responsibilities [F11or local or regional competences] which [F12the appropriate authority] or the appropriate Minister, as the case may be, considers likely to have an interest in the application;]

[F13“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, as amended by Directive 2014/52/EU of the European Parliament and of the Council;]

[F14“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);]

[F14“environmental statement” has the meaning given in regulation 5;]

[F14“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;;]

[F14“the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora as last amended by Council Directive 2013/17/EU(1);]

“relevant project” has the meaning given by regulation 3 [F15and]

[F16“the restriction on abstraction” means the restriction imposed by section 24(1) of the 1991 Act(1).]

[F14“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;]

[F14“the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(2), as amended by Council Directive 2013/17/EU;]

[F17(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).]

Textual Amendments

F1Reg. 2 renumbered as reg. 2(1) (16.5.2017) by The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/583), regs. 1(1), 3(1) (with reg. 19)

F2Words in reg. 2 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 164(2) (with Sch. 7)

F3Words in reg. 2 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 164(3) (with Sch. 7)

F4Words in reg. 2(1) substituted (16.5.2017) by The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/583), regs. 1(1), 3(2)(b) (with reg. 19)

F5Words in reg. 2(1) substituted (16.5.2017) by The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/583), regs. 1(1), 3(2)(c)(i) (with reg. 19)

F6Word in reg. 2 omitted (31.12.2006) by virtue of The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/3124), regs. 1, 2(2)(a)(i)

F7Words in reg. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 164(4)(a) (with Sch. 7)

F8Words in reg. 2(1) substituted (16.5.2017) by The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/583), regs. 1(1), 3(2)(c)(ii) (with reg. 19)

F9Word in reg. 2 added (31.12.2006) by The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/3124), regs. 1, 2(2)(a)(ii)

F10Words in reg. 2 added (31.12.2006) by The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/3124), regs. 1, 2(2)(a)(iii)