The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. Apart from regulations 2(3) and 5(3)(a), these Regulations are made under section 8 of that Act and correct deficiencies of the type mentioned in section 8(2)(a) and (g) of that Act – matters which have no practical application to the United Kingdom or are otherwise redundant, and EU references which are no longer appropriate.

These Regulations make amendments to legislation in the field of town and country planning and infrastructure planning.

These Regulations are also made under section 2(2) of the European Communities Act 1972. Regulations 2(3) and 5(3)(a), which come into force on 31st December 2018, are made under that Act. The amendment in regulation 2(3) reflects an amendment to Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.2008, p 3). The amendment in regulation 5(3)(a) reflects the repeal and replacement of Council Directive 85/337/EEC (OJ L 175, 5th July 1985, p.40) on the assessment of the effects of certain public and private projects on the environment, by 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 (OJ L 26, 28th January 2012, p.1).

Part 2 of these Regulations amends primary legislation. In particular it amends sections 61E and 336 of, and paragraphs 8 and 13B of Schedule 4B and paragraph 10 of Schedule 4C to, the Town and Country Planning Act 1990, section 38A of the Planning and Compulsory Purchase Act 2004, and paragraph 3 of Schedule 6 to the Planning Act 2008 so that references to complying with EU obligations have been replaced with references to complying with retained EU obligations (regulations 2(2), 2(4), 2(5), 3 and 4).

Part 3 of these Regulations amends subordinate legislation. In particular, the references to complying with or having regard to EU or union law have been replaced with references to complying with or having regard to retained EU law such as domestic law which implemented Directives (regulations 5(3), 5(4), 5(7), 5(8), 6(2)(b), 6(3), 6(4), 6(6), 6(8), 6(9), 6(13), 6(14), 7(2)(b), 7(3), 7(4), 7(5), 7(6), 7(10) and 7(11)); references to requests made and documents provided, pursuant to EU law, to the UK from other Member States are amended (regulations 5(6), 6(8), 6(9) and 7(6)); amending references to certain Directives (regulations 5(2), 6(2)(a), (11) and (12) and 7(2)(a), (8) and (9)); references to the UK as a Member State has been amended (regulations 5(5), 5(6), 5(8), 6(5), 6(7), 6(8), 6(9), 6(10), 6(14), 7(6), 7(7) and 7(11)) and removing requirements to notify the European Commission (regulations 6(10)(b) and 7(7)(b)).

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