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

Pipe-line works subject to planning permission in Scotland

5.—(1) Regulation 3 above (environmental statements) shall not apply or, subject to paragraph (3) below, shall cease to apply, as the case may be, in respect of any pipe-line works in relation to which a direction has been given pursuant to article 4(1) of the 1992 Order that the planning permission granted by article 3 of that Order shall not apply.

(2) A direction given by a planning authority pursuant to article 4(1) of the 1992 Order which requires the approval of the Secretary of State under that Order shall not be treated for the purposes of this regulation as having been given until the date on which notice of such approval is served, or first published, as the case may be, by the planning authority in accordance with the provisions of article 5 of the 1992 Order.

(3) Where in relation to proposed pipe-line works the Secretary of State makes an environmental determination or gives a direction pursuant to regulation 3(3) above (direction that an environmental statement is required) before the date on which a direction pursuant to article 4(1) of the 1992 Order is given, that determination or direction shall, notwithstanding any provisions to the contrary in the 1988 Scottish EIA Regulations,

(a) be conclusive for the purposes of those Regulations of the question of whether consideration of environmental information within the meaning of regulation 2 of those Regulations is required before planning permission for the pipe-line works in question could be granted; and

(b) be treated for the purposes of these 1988 Scottish EIA Regulations as if it were a direction by the Secretary of State under regulation 9 of those Regulations.