The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

Amendment of regulation 2 (interpretation)

26.  In regulation 2(1)—

(a) for the definition of “appropriate particulars”, substitute—

““appropriate particulars” means, in relation to a request for an environmental determination or a request under regulation 7(1) (pre-application request to the Secretary of State etc.), the name and address of the gas transporter and a description of the proposed pipe-line works which—

(a)

includes—

(i)

the physical characteristics of the whole works, and where relevant, of demolition works;

(ii)

the location of the works with particular regard to the environmental sensitivity of the geographical areas likely to be affected by the works;

(iii)

the aspects of the environment likely to be significantly affected by the works;

(iv)

any likely significant effects, to the extent of the information available on such effects, of the works on the environment resulting from—

(aa)

the expected residues and emissions and the production of waste, where relevant; and

(bb)

the use of natural resources, in particular soil, land, water and biodiversity;

(b)

takes into account the matters set out in Schedule 2 (matters to be taken into account in making an environmental determination etc.) and, where relevant, the results of other relevant assessments of the effects on the environment carried out pursuant to EU legislation other than the Directive; and

(c)

may also include any features of the proposed pipe-line works or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment;”;

(b) after the definition of “the consultation bodies”, insert—

““the Directive” means Directive 2011/92/EU(1) of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment;”;

(c) omit the definition of “environmental statement”, and insert—

““environmental impact assessment” shall be interpreted in accordance with regulation 2A;

“environmental statement” has the meaning set out in regulation 2B;”;

(d) after the definition of “gas transporter”, insert—

““public website” means a website accessible to the public where the public can view and download information placed on it;”;

(e) in the definition of “relevant planning authority”, in paragraph (c), after “is required” insert “or in regulation 3A(1) (exempt pipe-line works),”; and

(f) in the definition of “sensitive area”—

(i) for paragraph (h), substitute—

“(h) an area of outstanding natural beauty designated as such by an order made under section 82 (designation of areas) of the Countryside and Rights of Way Act 2000;(2)”;

(ii) at the end of paragraph (i), insert “or regulation 8 of the Conservation of Habitats and Species Regulations 2010(3)”;

(iii) at the end of paragraph (j), omit “and” and at the end of paragraph (k), insert “and”; and

(iv) after sub-paragraph (k), insert—

“(l) a wetland designated under paragraph 1 of Article 2 of the Ramsar Convention, as defined in section 37A of the Wildlife and Countryside Act 1981, for inclusion in the list of wetlands of international importance referred to in that Article(4).”.

(1)

OJ L 26 28.1.2012 p1.

(2)

2000 c. 37. Section 82 was amended by the Natural Environment and Rural Communities Act 2006 (c.16) section 105(1), Schedule 11, Part 1, paragraph 163(a) and (b), and SI 2013/755.

(3)

S.I. 2010/490; this instrument was amended by S.I. 2012/1927.

(4)

1981 c.69 . Section 37A was inserted by the Countryside and Rights of Way Act 2000 (c. 37) and amended by the Natural Environment and Rural Communities Act 2006 (c.16) section 105(1), Schedule 11, Part 1, paragraph 86, the Planning (Wales) Act 2015 (anaw.4 ) section 16, Schedule 2, paragraphs 5 and 7 and S.I. 2013/755.