Transport and Works Act 1992 (c. 42)

Part I E+W+S Orders authorising works etc

Commencement Information

I1 Pt. I (ss. 1-25) wholly in force at 1.1.1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1

Procedure for making orders E+W+S

[F1 13A. Environmental impact assessment: definitions E+W

(1) This section defines certain terms used in this Part.

(2) “The EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment.

(3) “EIA information”, in relation to an application under section 6, or proposal under section 7, for an EIA order, means—

(a) the environmental statement,

(b) any other information which the Secretary of State reasonably requires for the purpose of reaching a reasoned conclusion (see section 13B), and

(c) any representations made by any person about the environmental effects of the proposed works or other projects.

(4) “EIA order” means an order authorising works or other projects—

(a) which are—

(i) in a class listed in Annex I to the EIA Directive, or

(ii) in a class listed in Annex II to the EIA Directive and, by virtue of their nature, size or location, likely to have significant effects on the environment, and

(b) which are not exempt works.

(5) For the purposes of subsection (4), works or other projects are exempt if the Secretary of State directs or decides (in accordance with rules made under section 6) that an environmental impact assessment is not required in respect of those works or projects.

(6) “Environmental statement” means a statement which, by rules under section 6, is required—

(a) to accompany an application for, or be prepared in connection with the publication of a proposal to make, an EIA order, and

(b) amongst other matters, to set out the likely significant effects of the implementation of the EIA order applied for or proposed on the environment.

(7) “Reasoned conclusion” means a reasoned conclusion under section 13B(1)(b).]

Textual Amendments

F1 Ss. 13A-13D inserted (E.W.) (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 4 (with Sch. 6 paras. 9, 12)