The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2006

Amendment to the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003

2.—(1) The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the definition of “consultation bodies”—

(i) at the end of paragraph (b), omit “and”;

(ii) at the end of paragraph (c), add “and”; and

(iii) after paragraph (c), add—

“(d) other bodies designated by statutory provision as having specific environmental responsibilities which the Agency or the appropriate Minister, as the case may be, considers likely to have an interest in the application;”;

(b) in the definition of “the EIA Directive”, after “97/11/EC”, insert “and Directive 2003/35/EC of the European Parliament and the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC(2);”;

(c) at the end of the definition of “EIA Directive”, omit “and”;

(d) at the end of the definition of “relevant project”, insert “and”; and

(e) after the definition of “relevant project” add—

““the restriction on abstraction” means the restriction imposed by section 24(1) of the 1991 Act(3).”.

(3) In regulation 3 (requirement for an environmental impact assessment), in paragraph (2)(b), for “the amounts abstracted exceed 20 cubic metres in any period of 24 hours”, substitute “the abstraction is one which does not fall within the exception provided in section 27(1)(4) of the 1991 Act in relation to the restriction on abstraction”.

(4) In regulation 6 (environmental statement, and opinions of the Agency on the contents of an environmental statement), in paragraph (5), for “regulation 4 of the Environmental Information Regulations 1992”, substitute “regulations 12(1) or 13(1) of the Environmental Information Regulations 2004(5)”.

(5) For regulation 7 (publicity for environmental statement) substitute—

“Publicity for environmental statement and related information

7.— (1) Where an environmental statement is provided in accordance with regulation 5 including where any further information is provided in accordance with regulation 6(7), the Agency shall publish, on its website and in at least one newspaper circulating in the locality of the relevant project, a notice—

(a) stating—

(i) the applicant’s name;

(ii) that he has made an application to which these Regulations apply; and

(iii) that he has provided the Agency with an environmental statement in accordance with regulation 5 and, where it is the case, that he has provided further information in accordance with regulation 6(7);

(b) stating a place and times where, during a period of twenty-eight days beginning on the date on which the notice is published, copies of the application, the environmental statement, any information provided to EA in response to its consultation under regulation 6(2), and any further information provided in accordance with regulation 6(7) may be inspected, and that such inspection is free of charge;

(c) specifying an address from which copies of the application, the environmental statement, any information provided to EA in response to its consultation under regulation 6(2), and any further information provided in accordance with regulation 6(7) may be obtained from the Agency and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge;

(d) specifying the other arrangements, if any, that have been made by the Agency for informing the public of the application and for consulting them in relation to it; and

(e) stating that any person wishing to make representations in relation to the application should make them in writing addressed to the Agency at an address specified in the notice within a period of twenty-eight days beginning on the date on which the notice is published in accordance with this paragraph.

(2) The Agency shall make available to the public as indicated in paragraphs (1)(b) and (c)—

(a) the application and the environmental statement provided in accordance with regulation 5; and

(b) any information provided to EA in response to its consultation under regulation 6(2), or any further information provided in accordance with regulation 6(7), which was in the possession of the Agency on the date on which the notice was published in accordance with paragraph (1).

(3) In relation to information which is relevant to the determination under regulation 8 and which becomes available to the Agency, whether as a result of a request by the Agency or otherwise, after the date on which the notice was published in accordance with paragraph (1), the Agency shall, on its website—

(a) state a place and times where, during a period of twenty-eight days beginning on the day fourteen days after which the information becomes available to the Agency, a copy of the information may be inspected, and that inspection is free of charge; and

(b) specify an address from which a copy of the information may be obtained from the Agency and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge.

(4) Not later than the date on which the notice in paragraph (1) is published, the Agency shall send a copy of it and the environmental statement and any further information provided in accordance with regulation 6(7), to—

(a) the consultation bodies,

(b) the appropriate Minister, and

(c) such other persons as the appropriate Minister may direct,

under cover of a letter stating that any representations in relation to the application should be made in writing to the Agency within a period of twenty-eight days beginning on the date of the letter.

(5) A notice of an environmental statement under paragraph (1) may be combined with any notice required under any other enactment for the purpose of publicising the application in question.”.

(6) In regulation 8 (determination of application and notice of determination), for paragraph (3), substitute—

“(3) Within twenty-eight days of the decision on the application, the Agency shall publish on its website and in the newspaper or newspapers in which the notice was published under regulation 7 a notice stating that the Agency has granted or refused the application and stating a place and times where any person may inspect—

(a) any relevant authorisation or variation;

(b) a document containing the relevant decision and the main reasons and considerations on which it is based, and information about the public participation process that has taken place;

(c) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project; and

(d) information regarding any right to challenge the validity of the decision and the procedures for doing so.”.

(7) In regulation 11 (appeals in relation to consents), in paragraph (4), for “regulation 7(1)(d)”, substitute “regulation 7(1)(e)”.

(8) In regulation 15 (modifications where regulation 14 applies)—

(a) after paragraph (4) insert—

“(4A) Where a notice is published in accordance with section 52(4)(6) of the 1991 Act in respect of proposals in relation to which this regulation applies, the notice shall specify any other arrangements that have been made for informing the public of the proposals and for consulting them in relation to them.”; and

(b) in paragraph (8)—

(i) in sub–paragraph (b), for “; and where necessary” substitute “, and information about the public participation process that has taken place;”;

(ii) in sub–paragraph (c), at the beginning, insert “where necessary,” and at the end insert “; and”; and

(iii) after sub–paragraph (c) add—

“(d) information regarding any right to challenge the validity of the decision and the procedures for doing so.”.

(9) In regulation 16 (Register of environmental statements and further information), for sub–paragraphs (a) and (b) substitute—

“(a) any determination under regulation 4 or 14;

(b) any environmental statement or further information furnished under regulation 6;

(c) any documents, other than the environmental statement prepared in accordance with regulations 5 and 6, which have been provided to the Agency and are relevant to the determination under regulation 14; and

(d) any further information which is relevant to the determination under regulation 14 and which becomes available to the Agency after the time that the public was given notice in accordance with section 52(4) of the 1991 Act.”.

(1)

S.I. 2003/164.

(2)

OJ No L 156, 25.6.2003, p.17.

(3)

The Water Resources Act 1991 (c.57). Section 24(1) was amended by the Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593), regulation 3 and Schedule 2, paragraph 8, and the Environment Act 1995 (c. 25), section 120 and Schedule 22, paragraph 128.

(4)

Section 27(1) was substituted by the Water Act 2003 (c. 37), section 6(1).

(5)

S.I. 2004/3391.

(6)

Section 52(4) was amended by the Water Act 2003 (c.37), section 22(1) and (3).