(1) Where ... the Secretary of State receives information from an EEA State which that EEA State has gathered from the developer of a relevant project in that EEA State which is likely to have significant effects on the environment of the transboundary area, the Secretary of State shall—

(a) enter into consultations with that EEA State regarding, inter alia, the potential significant effects of the proposed project on the environment of the transboundary area and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with that EEA State a reasonable period, before development consent for the project is granted, during which members of the public in the United Kingdom may submit to the competent authority in that EEA State representations ... , such period to allow at least 30 days between the environmental statement becoming available to the public concerned and the deadline for the submission of their representations.

(2) The Secretary of State shall also—

(a) arrange for the information referred to in paragraph (1) above to be made available, within a reasonable time, both to the environmental authorities or other authorities which the Secretary of State considers would be likely to be interested in the relevant project by reason of either their particular environmental responsibilities or local or regional competence, and to the public concerned;

(b) ensure that those authorities and the public concerned in the United Kingdom are given an opportunity, before development consent for the project is granted, to forward to the competent authority in the EEA State referred to in paragraph (1) above, within a reasonable time, their opinion on the information supplied; and

(c) so far as he has received such information, notify those authorities and the public concerned of the content of any decision of the competent authority of that EEA State, and in particular—

(i) any conditions attached to it;

(ii) the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public; and

(iii) a description of the main measures to avoid, reduce and, if possible, offset any major adverse effects that have been identified.

Exempt projects

Service of notices

Applications to the court

Application to court by person aggrieved

Application to the court by Secretary of State

Offences

Fees

17A

(1) The Secretary of State may charge fees in respect of—

(a) monitoring—

(i) compliance by undertakers with the duties in regulation 4(4);

(ii) whether an undertaker is acting, or has acted, in breach of the terms of a condition attached to any consent or approval granted in accordance with these Regulations;

(iii) whether an undertaker is carrying out, or has carried out, any activity in relation to a relevant project without the necessary consent or approval or otherwise than in accordance with a relevant requirement imposed in accordance with these Regulations;

(aa) providing advice with respect to—

(i) whether an environmental statement is required under regulation 5 and the content of such an environmental statement;

(ii) whether a direction might be made under regulation 6(1) or (2) or 11(2);

(iii) whether a direction might be revoked under regulation 6(10) or 11(3);

(iv) information and evidence which may be required under regulation 10(1);

(b) considering, accepting or rejecting an environmental statement submitted under regulation 5, or making a decision as referred to in regulation 5A(1) or 11(8A);

(i) a project is likely to have a significant effect on the environment;

(ii) an environmental statement is required;

(d) giving a direction under regulation 6(1) 6(1B), 6(2) or 11(2) that an environmental statement is not required;

(e) requiring information by notice under regulation 6(4) or 10(1);

(f) revoking a direction under regulation 6(10) or 11(3);

(g) giving an opinion as to the content of an environmental statement under regulation 7;

(h) providing information under regulation 8;

(i) serving a notice under regulation 9 or 11(4);

(j) giving a direction under regulation 10(2);

(k) providing material to an EEA State under regulations 11(10) and 12;

(l) giving a direction under regulation 13 as to whether to exempt a project from the provisions of these Regulations;

(m) publishing notices of decisions or details of directions where required by these Regulations; and

(n) consulting any environmental authority or other authority interested in the relevant project by reason of their local or regional competence on any matter under these Regulations.

(2) A fee charged under paragraph (1) is $(A×B)+(C×D)$ where—

A is the number of hours work carried out by specialist officers;

B is £190;

C is the number of hours work carried out by non-specialist officers; and

D is £101.

(3) For the purposes of paragraph (2), the number of hours work may be expressed as a fraction where—

(a) less than one hour’s work has been carried out; or

(b) the total amount of time worked is more than one hour but cannot be expressed as a whole number in hours.

(4) Any fee must be paid on demand.

(5) In this regulation, “specialist officers” means persons engaged on behalf of the Secretary of State to carry out the functions of the Secretary of State referred to in paragraph (1) and “non-specialist officers” means any other persons engaged on behalf of the Secretary of State to provide administrative support to those specialist officers.

Offences

Agreement of Secretary of State in respect of relevant projects

Exercise by OGA of powers under licences

Review

19

(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(2) In carrying out the review, the Secretary of State must, so far as is reasonable, have regard to how the Directive (which is implemented by these Regulations), is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by these Regulations;

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

(5) Subsequent reports under this regulation must be published at intervals not exceeding five years.

Environmental impact assessment

3A

(1) In these Regulations, “environmental impact assessment” means the process consisting of—

(a) the preparation and submission of an environmental statement as part of an application for consent referred to in regulation 5(1) or to the Secretary of State under regulation 11(1) or (4);

(b) the carrying out of consultation in compliance with regulation 9 or regulation 11 and, where relevant, regulation 12;

(c) the Secretary of State’s consideration of the information presented in the environmental statement, any further information provided in accordance with regulation 10 and any representations or opinions received as the result of the consultation referred to in sub-paragraph (b);

(d) the Secretary of State’s reasoned conclusion as required by regulation 5A(1) or regulation 11(8A); and

(e) the integration of that conclusion into the decision as to whether agreement to the grant of consent is to be given as required by regulation 5A(1)(c) or as to whether agreement is to be given in respect of the matters referred to in regulation 11(8A)(c).

(2) In carrying out the steps described in paragraph (1)(a), the undertaker shall identify, describe and assess in an appropriate manner—

(a) the direct and indirect significant effects of the relevant project on the following factors—

(i) population and human health;

(ii) biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom that implemented Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds;

(iii) land, soil, water, air and climate;

(iv) material assets, cultural heritage and the landscape; and

(v) the interaction between the factors referred to in paragraphs (i) to (iv); and

(b) the operational effects of the relevant project (where the project will have operational effects) and the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters that are relevant to the project concerned.

Environmental statement

3B

(1) In these Regulations, an “environmental statement” means a report prepared as part of the environmental impact assessment in respect of a relevant project which includes—

(a) a description of the project comprising information on the site, design, size and other relevant features of the project;

(b) a description of the likely significant effects of the project on the environment;

(c) a description of the features of the project or measures envisaged in order to avoid, prevent or reduce, and if possible, offset likely significant adverse effects on the environment;

(d) a description of the reasonable alternatives studied by the undertaker which are relevant to the project and its specific characteristics and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment;

(e) a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and

(f) any additional information set out in Schedule 2 (information for the environmental statement) relevant to the specific characteristics of the relevant project or type of project and to the environmental features likely to be affected.

(2) In preparing the environmental statement, the undertaker shall also take into account any available results of other relevant assessments under the law of any part of the United Kingdom.

(3) Where the Secretary of State has given an opinion under regulation 7 on the matters to be included in the environmental statement, the statement shall be based on that opinion and include the information that may be reasonably required for reaching a reasoned conclusion on the significant effects of the project on the environment, taking into account current knowledge and methods of assessment.

(4) In order to ensure the completeness of the environmental statement, the undertaker shall ensure that—

(a) the statement is prepared by competent experts; and

(b) the statement is accompanied by a statement from the undertaker outlining the relevant expertise or qualifications of such experts.

Agreement of Secretary of State in respect of relevant projects

Decision as to whether agreement is to be given

5A

(1) When making a decision as to whether to agree to the grant of a consent in respect of a relevant project for which an environmental statement has been submitted, the Secretary of State shall—

(a) examine the environmental statement, including any information provided under regulation 10, any representations made by any person required by these Regulations to be invited to make representations, and any representations duly made by any other person about the environmental effects of the project;

(b) reach a reasoned conclusion on the significant effects of the relevant project on the environment, taking into account the examination referred to in sub-paragraph (a); and

(2) If agreement to the grant of consent is to be given under paragraph (1)(c), the decision shall set out—

(a) any environmental conditions attached to the decision;

(b) a description of any features of the relevant project or measures envisaged to avoid, prevent or reduce, and if possible, offset any significant adverse effects on the environment; and

(c) any measures to monitor conditions imposed to avoid, prevent or reduce, and if possible, offset any significant adverse effects on the environment (“a monitoring condition”).

(3) If agreement is to be refused, the decision shall state the main reasons for the refusal.

(4) The reasoned conclusion referred to in paragraph (1)(b) shall be up to date at the time that the decision referred to in paragraph (1)(c) is made, but that conclusion shall be taken to be up to date if, in the opinion of the Secretary of State, it continues to address the significant effects that are likely to arise as a result of the relevant project.

(5) When considering whether to impose a monitoring condition referred to in paragraph (2)(c), the Secretary of State shall—

(a) consider whether to make provision for potential remedial action;

(b) consider whether there are appropriate existing monitoring arrangements under the law of any part of the United Kingdom other than any law that implemented the Directive, to make the imposition of a monitoring condition unnecessary; and

(c) take steps to ensure that the type of parameters to be monitored and the duration of the monitoring are proportionate to the nature, location and size of the relevant project and the significance of its effects on the environment.

(6) The decision of the Secretary of State referred to in paragraph (1)(c) shall be made within a reasonable period of time, taking into account the nature and complexity of the relevant project, from the date on which the Secretary of State has been provided with the information and representations referred to in paragraph (1)(a).

(7) The Secretary of State shall promptly publish a notice of the decision referred to in paragraph (1)(c) in the Gazettes and on a public website and shall send a copy of the notice to those authorities specified in the notice given to the undertaker in accordance with regulation 9(1).

(8) A notice published under paragraph (7) shall—

(a) set out—

(i) the contents of the decision;

(ii) the main reasons and considerations on which the decision is based; and

(iii) a summary of all representations made to the Secretary of State by any person in respect of the project including where regulation 12 (projects affecting other states) applies, any representations made by an EEA State affected by the relevant project, the public concerned or authorities in that state, together with details of how those representations were taken into account; and

(b) specify where details of these matters may be obtained, including the address of the public website on which a copy of the notice is published.

Provisions as to directions that no environmental statement need be prepared

Opinion by Secretary of State as to content of environmental statements

Obtaining of information for the preparation of environmental statements

Provision to Secretary of State of further information and evidence respecting environmental statements

Exercise by OGA of powers under licences

Projects affecting other States

Projects in other EEA States having a significant effect on the environment in the transboundary area

Exempt projects

Service of notices

Applications to the court

Application to court by person aggrieved

Application to the court by Secretary of State

Fees

Offences

Review

Characteristics of the project

Location of the project

Type and characteristics of the potential impact

1

A description of the relevant project, including in particular:

(a) a description of the location of the project;

(b) a description of the physical characteristics of the whole project, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

(c) a description of the main characteristics of the operational phase of the project (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used; and

(d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.

2

A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the undertaker, which are relevant to the relevant project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3

A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4

A description of the factors set out in Article 3(1) of the Directive likely to be significantly affected by the project: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5

A description of the likely significant effects of the project on the environment resulting from, inter alia—

(a) the construction and existence of the project, including, where relevant, demolition works;

(b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

(c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

(d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

(e) the cumulation of effects with other existing or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f) the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

(g) the technologies and the substances used, and

these descriptions of the likely significant effects on the factors set out in Article 3(1) of the Directive must cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the project and should take into account environmental protection objectives established at EU or at national level relevant to the project.

6

A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.

7

A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis).

8

The description in paragraph 7 should explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.

9

A description of the expected significant adverse effects of the relevant project on the environment deriving from the vulnerability of the project to risks of major accidents or disasters which are relevant to the project.

10

Relevant information available and obtained through risk assessments pursuant to assimilated law or relevant assessments carried out pursuant to any other law of any part of the United Kingdom may be used for describing the matters in paragraph 9, provided that the requirements of any law of any part of the United Kingdom that implemented the Directive are met.

11

In describing the matters in paragraph 9, the undertaker should, where appropriate, include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

12

A non-technical summary of the information provided under paragraphs 1 to 11.

13

A reference list detailing the sources used for the descriptions and assessments included in the environmental statement.

Coronavirus exemption from public inspection requirements

10A

(1) Regulations 9(2)(c) and 9(2)(f)(iii) do not apply where the effects of coronavirus, including any restrictions on movement, mean that it is not reasonably practicable for the public to inspect copies of documents at a specified address within the United Kingdom.

(2) Regulation 10(2)(d)(ii) does not apply where the effects of coronavirus, including any restrictions on movement, mean that it is not reasonably practicable for the public to inspect copies of documents at a specified address within the United Kingdom.

(3) Where paragraph (1) applies—

(a) regulations 9(2)(d), 9(2)(e), 9(2)(f)(vi) and 9(5) do not require the undertaker to make copies of documents available for collection in person;

(b) the undertaker must make available by post a copy of the application for consent in the same way as for the environmental statement, as set out in regulations 9(2)(d), 9(2)(e) and 9(5), but the undertaker may not charge for the supply of a copy of the application for consent;

(c) the undertaker must include in the notice referred to in regulation 9(2)(f) a statement on how a copy of the application for consent may be obtained by post, in the same way as for the environmental statement, as set out in regulation 9(2)(f)(vi).

(4) Where paragraph (2) applies—

(a) regulation 10(2)(c) does not require the undertaker to make copies of documents available for public inspection at an address within the United Kingdom;

(b) regulations 10(2)(c) and 10(2)(d)(iii) do not require the undertaker to make copies of documents available for collection in person;

(c) the undertaker must make available by post a copy of the application for consent in the same way as for the environmental statement, as set out in regulation 10(2)(c), but the undertaker may not charge for the supply of a copy of the application for consent;

(d) the undertaker must include in the notice referred to in regulation 10(2)(d) a statement on how a copy of the application for consent may be obtained by post, in the same way as for the environmental statement, as set out in regulation 10(2)(d)(iii).

(5) For the purpose of this regulation, “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Exercise by OGA of powers under licences

Projects affecting other States

Projects in other EEA States having a significant effect on the environment in the transboundary area

Exempt projects

Service of notices

Applications to the court

Application to court by person aggrieved

Application to the court by Secretary of State

Fees

Offences

Review

Projects in ...EEA States having a significant effect on the environment in the transboundary area

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The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999

Projects in other EEA States having a significant effect on the environment in the transboundary area

12A

Exempt projects

Service of notices

Applications to the court

Application to court by person aggrieved

Application to the court by Secretary of State

Offences

Fees

17A

Offences

Agreement of Secretary of State in respect of relevant projects

Exercise by OGA of powers under licences

Review

19

Environmental impact assessment

3A

Environmental statement

3B

Requirements as to contents of licences; requirement as to consent for use of floating installations in connection with a development or use of mobile installation for the testing of a well

Agreement of Secretary of State in respect of relevant projects

Decision as to whether agreement is to be given

5A

Provisions as to directions that no environmental statement need be prepared

Opinion by Secretary of State as to content of environmental statements

Obtaining of information for the preparation of environmental statements

Procedure on receipt of application for consent in respect of which environmental statement prepared; publicity requirements; provision of environmental statements to public

Provision to Secretary of State of further information and evidence respecting environmental statements

Exercise by OGA of powers under licences

Projects affecting other States

Projects in other EEA States having a significant effect on the environment in the transboundary area

Exempt projects

Service of notices

Applications to the court

Application to court by person aggrieved

Application to the court by Secretary of State

Fees

Offences

Review

Characteristics of the project

Location of the project

Type and characteristics of the potential impact

1

2

3

4

5

6

7

8

9

10

11

12

13

Coronavirus exemption from public inspection requirements

10A

Exercise by OGA of powers under licences

Projects affecting other States

Projects in other EEA States having a significant effect on the environment in the transboundary area

Exempt projects

Service of notices

Applications to the court

Application to court by person aggrieved

Application to the court by Secretary of State

Fees

Offences

Review

Projects in ...EEA States having a significant effect on the environment in the transboundary area