The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019

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

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

(2) In regulation 2(1)—

(a) omit the words after “In these Regulations” until the first definition;

(b) for the definition of “EU environmental assessment” substitute—

““EU environmental assessment” means an assessment of the effect of anything on the environment carried out under retained EU law other than any law of any part of the United Kingdom that implemented the EIA Directive;”;

(c) after the definition of “the Habitats Directive” insert—

““public” means one or more natural or legal persons and, in accordance with the law or practice of any part of the United Kingdom, their associations, organisations or groups;”.

(3) In regulation 3B, after paragraph (2) insert—

“(3) In paragraph (2)(b), the “public concerned” means the public affected or likely to be affected by, or having an interest in, environmental decision making procedures (for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under the law of any part of the United Kingdom are deemed to have an interest).”.

(4) In regulation 7A(2)(b), after the word “under” insert “any law of any part of the United Kingdom that implemented”;

(5) In Schedule 1, in paragraph 2(c)(vi), after “EU legislation” insert “as it applied in the United Kingdom immediately prior to exit day, or in retained EU law”.

(6) In Schedule 2—

(a) in paragraph 6, for “at EU or member State level” substitute “in retained EU law or under the law of any part of the United Kingdom”;

(b) in paragraph 9—

(i) for “EU legislation such as” substitute “retained EU law such as any law that implemented”

(ii) after “requirements of” substitute “any law that implemented”.

(1)

S.I. 2003/164, amended by S.I. 2017/583; there are other amending instruments but none is relevant.