2014 No. 557

Gas
Pipe-lines

The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) (England) Regulations 2014

Made

Laid before Parliament

Coming into force

The Secretary of State has been designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the environment.

The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, makes the following Regulations:

Citation, commencement, interpretation and application1

1

These Regulations may be cited as the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) (England) Regulations 2014 and come into force on 6th April 2014.

2

In these Regulations—

  • “gas transporter” has the meaning given by section 7(1) of the Gas Act 19863;

  • “the 1999 Regulations” means the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 19994.

3

These Regulations apply in relation to England only.

4

These Regulations do not apply to any pipe-line works which were commenced by a gas transporter, or for the execution of which a gas transporter invited tenders, before the date on which these Regulations come into force.

Amendment of the 1999 Regulations2

In regulation 1(3) of the 1999 Regulations, after sub-paragraph (b) insert—

c

for which development consent is required under section 31 of the Planning Act 2008, by virtue of those works falling within section 14(1)(f) of that Act.

Gregory BarkerMinister of StateDepartment of Energy and Climate Change
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the application of the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 (“the 1999 Regulations”). The amendment made by regulation 2 makes clear that the 1999 Regulations do not apply to pipe-line works for which development consent is required.

Environmental impact assessment (“EIA”) is a requirement under 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 (O.J. No. L 26, 28.1.2012, p. 1). Directive 2011/92/EU codifies and repeals Council Directive 85/337/EEC (as amended) on the assessment of the effects of certain public and private projects on the environment (the original text is at O.J. No. L 175, 5.7.1985, p. 40).

Development consent is required under section 31 of the Planning Act 2008 (“the 2008 Act”) for development that is or forms part of a nationally significant infrastructure project, as defined in Part 3 of that Act. Such projects include the construction of a pipe-line by a gas transporter (see section 14(1)(f) of the 2008 Act which is qualified by section 20 of that Act). The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (S.I. 2009/2263) (“the 2009 Regulations”) implement the requirement for EIA in respect of development which requires development consent under the 2008 Act.

The 1999 Regulations implement the requirement for EIA in respect of pipe-line works by gas transporters which fall within the class of development described as permitted development in Class F(a) of Part 17 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order1995 (S.I. 1995/418).

The amendment made by the Regulations removes any overlap between the 1999 Regulations and the 2009 Regulations.

An impact assessment has not been produced for this instrument as no impact is foreseen on the private, voluntary or public sectors.