The Transport and Works (Assessment of Environmental Effects) Regulations 2000

Statutory Instruments

2000 No. 3199

TRANSPORT AND WORKS

The Transport and Works (Assessment of Environmental Effects) Regulations 2000

Made

5th December 2000

Laid before Parliament

11th December 2000

Coming into force

1st January 2001

The Secretary of State for the Environment, Transport and the Regions, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred by that section hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Transport and Works (Assessment of Environmental Effects) Regulations 2000 and shall come into force on 1st January 2001.

(2) In these Regulations—

“the Act” means the Transport and Works Act 1992(3);

“the Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000(4).

Amendment of the Transport and Works Act 1992

2.  In section 6A(5) of the Act after subsection (2) there shall be inserted—

“(3) “Member State” includes a state which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993”.

Amendment of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000

3.  In rule 4 of the Rules after the definition of “local planning authority” there shall be inserted—

• ““Member State” includes a state which is a contracting party to the Agreement on the European Economic Area signed in Oporto on 2nd May 1992(6) as adjusted by the Protocol signed at Brussels on 17th March 1993(7)”

Signed by Authority of the Secretary of State for the Environment, Transport and the Regions

Gus Macdonald

Minister of State

Department of the Environment, Transport and the Regions

5th December 2000

Explanatory Note

(This note is not part of the Order)

These Regulations amend section 6A of the Transport and Works Act 1992 (“the Act”) by the insertion of a definition of Member State that includes states which are contracting parties to the Agreement on the European Economic Area as adjusted by the Protocol adjusting the Agreement. Decision No. 20/1999 of the European Economic Joint Committee requires such states to comply with Directive 85/337/EEC as amended by 97/11/EC, which relate to the assessment of the effects of certain public and private projects on the environment.

These Regulations also amend the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 by the insertion of a definition of Member State that includes states which are contracting parties to the Agreement on the European Economic Area as adjusted by the Protocol adjusting the Agreement.

(1)

S.I. 1988/785.

(2)

1972 c. 68. By virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c. 51) regulations may be made under section 2(2) of the European Communities Act to implement obligations created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).

(3)

1992 c. 42.

(4)

S.I. 2000/2190.

(5)

Section 6A was inserted by S.I. 1998/2226.

(6)

Cm 2073.

(7)

Cm 2183.