(1) Where additional information is received by the Secretary of State, he shall serve a copy of the additional information on the consultation bodies and either—

(a) in any case where the additional information is provided to the Secretary of State by the applicant, notify the applicant that the information has been served on the consultation bodies; or

(b) in any case where the additional information is provided to the Secretary of State by a person other than the applicant, serve a copy of the additional information on the applicant.

(2) Where the applicant has been notified that additional information has been served on the consultation bodies in accordance with paragraph (1)(a) above, or has been served with a copy of the additional information pursuant to paragraph (1)(b) above, the applicant shall—

(a) publish in accordance with paragraph (4) below a notice containing the information specified in paragraph (5) below; and

(b) serve a copy of that notice on the Secretary of State.

(3) Where the Secretary of State receives a notice which has been served on him by the applicant pursuant to paragraph (2)(b) above, he shall serve a copy of that notice on the consultation bodies.

(4) The applicant shall publish the notice referred to in paragraph (2)(a)—

(a) in two successive weeks in—

(i) the Gazette, and

(ii) one or more local newspapers circulating in each area in which the relevant pipe-line works would be carried out; and

(b) on a public website alongside the additional information.

(5) The notice referred to in paragraph (2)(a) above shall—

(a) describe the application in question and state that the Secretary of State has received additional information;

(b) identify the relevant planning authority on whom the Secretary of State is required to serve a copy of the additional information pursuant to paragraph(1) above;

(c) state that the relevant planning authority identified in sub-paragraph (b) of this paragraph is required to take steps to ensure that the additional information is made available for inspection by the public at all reasonable hours;

(d) state that requests for copies of the additional information may be sent to the Secretary of Sate and specify an address for that purpose;

(e) state a date not less than 30 days after the date on which the notice is to be last published in accordance with paragraph (4) above by which any person may make representations to the Secretary of State in relation to the additional information, and specify the address to which any such representations are to be sent; and

(f) state that the requirements set out in sub-paragraphs (b) to (d) above will also apply in respect of any additional information received by the Secretary of State after the date of the notice.

(6) Paragraphs (2) to (5) above shall not apply where a notice containing the information specified in paragraph (5) has previously been—

(a) published by the applicant in accordance with paragraph (4); and

(b) served on the Secretary of State pursuant to paragraph (2)(b) above.

(7) The applicant shall provide the Secretary of State with copies of each of the newspapers and Gazette in which the notice referred to in paragraph (2)(a) above appeared in each case no later than 7 days after the date of publication of those newspapers and Gazette and also the address of the public website on which the notice was published in accordance with paragraph (4).

(8) The Secretary of State shall not determine the application for consent until the later of—

(a) fourteen days after the last date on which a copy of the notice published pursuant to paragraph(2)(a) above was served by the Secretary of State in accordance with paragraph (3) above; or

(b) the date stated in the notice pursuant to paragraph (5)(e) above.

Charges

Projects affecting other EEA States

Applications to court

Application to court by person aggrieved

Application to the court by Secretary of State

Offences

Service of notices

Environmental impact assessment

2A

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

(a) the preparation and submission of an environmental statement by a prospective applicant;

(b) the carrying out of the consultations referred to in regulations 6 to 8A and, where relevant, regulation 10;

(c) the Secretary of State’s consideration of the information presented in the environmental statement, any further information or additional information provided in accordance with regulations 8 or 8A and any representations or opinions received as the result of the consultations referred to in sub-paragraph (b);

(d) the Secretary of State’s reasoned conclusion as required by regulation 3(2); and

(e) the integration of that conclusion into the decision as to whether the grant of pipe-line construction authorisation is to be given as required by regulation 3(2).

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

(a) the direct and indirect significant effects of the relevant pipe-line works 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 pipe-line works (where the works will have operational effects) and the expected effects deriving from the vulnerability of the works to risks of major accidents or disasters that are relevant to the works concerned.

Environmental statement

2B

(1) In these Regulations, an “environmental statement” means a report prepared as part of an environmental information assessment in respect of the relevant pipe-line works which includes—

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

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

(c) a description of the features of the works 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 applicant which are relevant to the works and their specific characteristics and an indication of the main reasons for the option chosen, taking into account the effects of the works 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 1 (information for the environmental statement) relevant to the specific characteristics of the relevant pipe-line works or type of works and to the environmental features likely to be affected.

(2) In preparing the environmental statement, the applicant 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 5 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 relevant pipe-line works on the environment, taking into account current knowledge and methods of assessment.

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

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

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

Exempt pipe-line works

2C

(1) The Secretary of State may direct that—

(a) these Regulations do not apply in relation to relevant pipe-line works if those works comprise or form part of works—

(i) having national defence as their sole purpose; or

(ii) having the response to a civil emergency as their sole purpose, and

in the opinion of the Secretary of State compliance with these Regulations would have an adverse effect on that purpose; or

(b) where the relevant pipe-line works are the subject of an Act of Parliament or a measure made under powers contained in such an Act, and providing that the objectives of any law of any part of the United Kingdom that implemented the Directive are met, the provisions of these Regulations relating to public consultation do not apply in respect of those works.

(2) Subject to paragraph (4), the Secretary of State may, in exceptional cases, direct that any relevant pipe-line works shall be exempt in whole or in part from the requirements of these Regulations if circumstances exist such that the application of all or some of the provisions of these Regulations would adversely affect the purpose of those works.

(3) Where a direction is given under paragraph (1) or (2) the Secretary of State shall send a copy of any such direction to the relevant planning authority.

(4) A direction shall not be given under paragraph (2) unless the Secretary of State —

(a) has considered whether another form of assessment is appropriate, and

(b) in a case where the Secretary of State considers that the relevant pipe-line works are likely to have significant environmental effects on the environment in an EEA State, is satisfied that a form of consultation with that state broadly equivalent to the form described in regulation 10 (projects affecting ... EEA states) will take place before any pipe-line construction authorisation is given in respect of the relevant pipe-line works ...

(5) A direction given by the Secretary of State under paragraph (2) may disapply such provisions of these Regulations as may in the circumstances appear to the Secretary of State to be appropriate and shall—

(a) require the carrying out of such form of assessment as the Secretary of State considers appropriate in order to ensure a high level of protection of the environment and of human health;

(b) require that all information relating to the main effects the works are likely to have on the environment collected pursuant to sub-paragraph (a) is to be made available to the public and specify the manner in which it is to be made available;

(d) include a statement of the Secretary of State’s reasons for giving the direction and the information on which that decision is based.

(6) The Secretary of State shall publish—

(a) details of the direction given under paragraph (2) in the Gazette together with information as to how the public concerned may obtain a copy of the direction; and

(b) the direction itself on a public website.

Grant of pipe-line construction authorisation by Secretary of State in respect of relevant pipe-line works

Directions that no environmental statement need be prepared

Pre-application opinion by the Secretary of State as to content of environmental statement

Provision of information

Publicity for environmental statements

Further information and evidence respecting environmental statements

Additional information and publicity

Charges

Projects affecting other EEA States

Applications to court

Application to court by person aggrieved

Application to the court by Secretary of State

Offences

Service of notices

Review

16

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

(a) carry out a review of the regulatory provision contained in these Regulations, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 16th May 2022.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directive is implemented in other member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

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

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

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 pipe-line works on the environment deriving from the vulnerability of the works to risks of major accidents or disasters which are relevant to the works concerned.

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 applicant 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.

Characteristics of relevant pipe-line works

Location of relevant pipe-line works

Type and characteristics of the potential impact

Projects affecting ... EEA States

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