The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

Interpretation

2.—(1) In these Regulations–

“the 1986 Act” means the Gas Act 1986(1);

“the 1988 Scottish EIA Regulations” means the Environmental Assessment (Scotland) Regulations 1988(2);

“the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992(3);

“the 1995 Order” means the Town and Country Planning (General Permitted Development) Order 1995(4);

“the 1999 EIA Regulations” means the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999(5);

“appropriate local planning authority” has the same meaning as in article 4(6) of the 1995 Order(6);

“appropriate particulars” means, in relation to a request for an environmental determination or a request under regulation 7(1) below (pre-application opinion on content of environmental statement),–

(a)

a plan sufficient to identify the proposed pipe-line works and the land in which the proposed pipe-line works would be carried out; and

(b)

a brief description of the nature and purpose of the proposed pipe-line works and what the public gas transporter considers to be likely to be their main effects on the environment;

“authorised area”, in relation to a public gas transporter, means so much of any area specified in the licence granted to the transporter concerned under section 7 of the 1986 Act or an extension of such licence as is not specified in a subsequent licence or extension granted under that section to another person;

“construction”, in relation to a pipe-line, includes placing and cognate expressions shall be construed accordingly;

“the consultation bodies”, in relation to proposed pipe-line works, means–

(a)

the relevant planning authority;

(b)

in the case of proposed pipe-line works in England, the Countryside Commission(7), the Nature Conservancy Council for England(8) and the Environment Agency(9);

(c)

in the case of proposed pipe-line works in Scotland, Scottish Natural Heritage(10) and the Scottish Environment Protection Agency(11);

(d)

in the case of proposed pipe-line works in Wales, the Countryside Council for Wales(12) and the Environment Agency;

“distribution main”, in relation to a public gas transporter, means any main of the transporter through which the transporter is for the time being distributing gas and which is not being used only for the purpose of conveying gas in bulk;

“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(13) as adjusted by the Protocol signed at Brussels on 17th March 1993(14);

“effect” includes, except where the context otherwise requires, any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect;

“EIA development” means pipe-line works which are likely to have significant effects on the environment by virtue of factors such as their nature, size or location;

“emergency works” means any works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent which are likely to cause danger to persons or property;

“environmental determination”, in relation to any proposed pipe-line works, means a determination by the Secretary of State as to whether the proposed works are EIA development;

“environmental statement” means a statement prepared in respect of proposed pipe-line works which includes–

(a)

such information of the descriptions referred to in Schedule 1 to these Regulations as is relevant, taking into account the specific characteristics of the pipe-line works or type of pipe-line works proposed and the environmental features likely to be affected, and which the public gas transporter can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, and

(b)

in every case, the following–

(i)

a description of the pipe-line works proposed, comprising information about the route, the design and size of the pipe-line works;

(ii)

a description of the measures envisaged in order to prevent, reduce and, if possible, offset significant adverse effects;

(iii)

the data required to identify and assess the main effects which the pipe-line works are likely to have on the environment;

(iv)

an outline of the main alternatives studied by the public gas transporter and an indication of the main reasons for choosing the pipe-line works proposed, taking into account the environmental effects;

(v)

a non-technical summary of the information provided under sub-sub-paragraphs (i) to (iv) above;

“gas” means–

(a)

any substance in a gaseous state which consists wholly or mainly of–

(i)

methane, ethane, propane, butane, hydrogen or carbon monoxide;

(ii)

a mixture of two or more of those gases; or

(iii)

a combustible mixture of one or more of those gases and air; and

(b)

any other substance in a gaseous state which is gaseous at a temperature of 15°C and a pressure of 1013.25 millibars and is specified in an order made by the Secretary of State under the 1986 Act(15);

“in”, in a context referring to a pipe-line or works or operations in land, includes a reference to a pipe-line, works or operations under, over, across, along or upon it;

“local planning authority” means an authority which is a local planning authority for the purposes of the Town and Country Planning Act 1990(16);

“notice” means notice in writing and cognate expressions shall be construed accordingly;

“notice of preparation of environmental statement”, in relation to proposed pipe-line works, means a notice to the Secretary of State–

(a)

stating that the public gas transporter proposing to carry out the works in question will prepare and submit to the Secretary of State an environmental statement relating to those works;

(b)

including the information necessary to identify, or being accompanied by documents identifying, the proposed pipe-line works, the land in which the proposed pipe-line works would be carried out and the nature and purpose of the works; and

(c)

indicating the main environmental consequences to which the public gas transporter proposes to refer in his environmental statement.

“pipe-line” means a pipe-line, other than a small service pipe, within the meaning of section 65 of the Pipe-lines Act 1962(17) which is intended to convey gas;

“pipe-line works” means the carrying out of building, engineering or other operations in land for the construction of a pipe-line, not being emergency works;

“planning authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(18);

“public gas transporter” means the holder of a licence under section 7(1) of the 1986 Act(19) except where the holder is acting otherwise than for purposes connected with–

(a)

the carrying on of activities authorised by the licence;

(b)

the conveyance of gas through pipes which–

(i)

are situated in an authorised area of his; or

(ii)

are situated in an area which was an authorised area of his, or an authorised area of a previous holder of the licence, and were so situated at a time when it was such an area; or

(c)

the conveyance through pipes of gas which is in the course of being conveyed to or from a country or territory outside Great Britain;

“register” means–

(a)

in relation to proposed pipe-line works in England and Wales, a register kept pursuant to section 69 (registers of applications etc.) of the Town and Country Planning Act 1990; and

(b)

in relation to proposed pipe-line works in Scotland, a register kept pursuant to section 36 (registers of applications etc.) of the Town and Country Planning (Scotland) Act 1997(20),

and in each case, “appropriate register” means the register on which particulars of a planning application for the relevant pipe-line works would fall to be placed in the event of such an application being made;

“relevant planning authority” means in the case of proposed pipe-line works the subject of–

(a)

a request for an environmental determination;

(b)

a notice of preparation of environmental statement; or

(c)

a direction by the Secretary of State pursuant to regulation 3(3) below (direction that an environmental statement is required),

as the case may be, each local planning authority or planning authority within whose area any of the works are proposed to be carried out;

“request for an environmental determination” means a request for an environmental determination which is made to the Secretary of State in writing and is accompanied by the appropriate particulars;

“selection criteria” means the criteria set out in Schedule 2 to these Regulations;

“sensitive area” means any of the following–

(a)

land notified under subsection (1) of section 28 (areas of special scientific interest) of the Wildlife and Countryside Act 1981(21);

(b)

an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995(22) applies;

(c)

land to which subsection (3) of section 29 (nature conservation orders) of the Wildlife and Countryside Act 1981 applies;

(d)

a National Park within the meaning of the National Parks and Access to the Countryside Act 1949(23);

(e)

the Broads(24);

(f)

a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and National Heritage(25);

(g)

a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979(26);

(h)

an area of outstanding natural beauty designated as such by an order made under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949(27) as confirmed by the Secretary of State;

(i)

a European site within the meaning of regulation 10 of the Conservation (Natural Habitats, etc.) Regulations 1994(28);

(j)

an area designated as a Natural Heritage Area by a direction made by the Secretary of State under section 6(2) of the Natural Heritage (Scotland) Act 1991(29) or as a National Scenic Area by a direction made by the Secretary of State under section 262C of the Town and County Planning (Scotland) Act 1972(30); and

(k)

a national nature reserve designated by Scottish Natural Heritage(31) under section 35 of the Wildlife and Countryside Act 1981;

“small service pipe” means a pipe-line, other than a distribution main of a public gas transporter, not exceeding 500 metres in length which has a design operating pressure not exceeding 2 bar gauge and the purpose of which is the conveyance of gas from such a main to any premises, and includes part of any such pipe-line;

“working width” means in relation to a proposed pipe-line, the area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for the construction or installation of the pipe-line.

(2) References in these Regulations to proposed pipe-line works include, in the case of pipe-line works in respect of which the Secretary of State has made a direction under regulation 3(3) below (direction that an environmental statement is required) after the works in question have already been commenced, references to any pipe-line works necessary for the completion of those works.

(1)

1986 c. 44.

(2)

S.I. 1988/1221; amended by S.I. 1990/526, S.I. 1994/2012 and S.I. 1997/1870.

(3)

S.I. 1992/223, Relevant amending instruments are S.I. 1993/1036, S.I. 1994/3294, S.I. 1996/252 and S.I. 1997/1871 and S.I. 1992/223 should be read with Part IV of S.I. 1994/2716.

(4)

S.I. 1995/418. Relevant amending instruments are S.I. 1996/252 and S.I. 1996/528.

(5)

S.I. 1999/293.

(6)

Article 4(6) of the 1995 Order was amended by S.I. 1996/528.

(7)

See section 1(1) of the National Parks and Access to the Countryside Act 1949 (c. 97), as substituted by the Environmental Protection Act 1990 (c. 43), section 130 and Schedule 8, paragraph 1.

(8)

See section 128 of the Environmental Protection Act 1990.

(9)

See section 1(1) of the Environment Act 1995 (c. 25).

(10)

See section 1 of the Natural Heritage (Scotland) Act 1991 (c. 28).

(11)

See section 20 of the Environment Act 1995.

(12)

See section 130 of the Environmental Protection Act 1990.

(13)

Cm 2073.

(14)

Cm 2183.

(15)

On the date these Regulations were made no such order (under section 48(1) of the 1986 Act) had been made.

(16)

1990 c. 8.

(17)

1962 c. 58.

(18)

1994 c. 39.

(19)

Section 7 of the Gas Act 1986 was substituted by section 5 of the Gas Act 1995.

(20)

1997 c. 8.

(21)

1981 c. 69, amended by the Wildlife and Countryside (Amendment) Act 1985 (c. 31), the Wildlife and Countryside (Service of Notices) Act 1985 (c. 59), the Norfolk and Suffolk Broads Act 1988 (c. 4) and the Planning (Consequential Provisions) Act 1990 (c. 11).

(22)

S.I. 1995/419, to which there are amendments not relevant to these Regulations.

(23)

1949 c. 97. Relevant amendments were made by the Environment Act 1995 (c. 25), Schedule 10, paragraph 2.

(24)

See the Norfolk and Suffolk Broads Act 1988 (c. 4).

(25)

See Cm 9424.

(26)

1979 c. 46. See the definition in section 1(11).

(27)

1949 c. 97. Section 87 was amended by paragraph 1(12) of Schedule 8 to the Environmental Protection Act 1990 (c. 43).

(28)

S.I. 1994/2716.

(29)

1991 c. 28.

(30)

1972 c. 52. Section 6(9) of the Natural Heritage (Scotland) Act 1991 contains a saving provision for any areas which were designated as national scenic areas under section 262C of the Town and Country Planning (Scotland) Act 1972 as at the date of the repeal of section 262C by section 27 of and Schedule 11 to the Natural Heritage (Scotland) Act 1991.

(31)

See section 1 of the National Heritage (Scotland) Act 1991 (c. 28).