The Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations re-enact the Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1989 with modifications. They make textual changes consequent upon the Electricity Act 1989, make minor and drafting amendments and add provisions as to consultation, provision of information and service of notices.

The Regulations implement Council Directive 85/337/EEC (OJ No. L175, 5.7.85, p.40) on the assessment of the effects of certain public and private projects on the environment insofar as it relates to applications—

(a) for consent to construct, extend or operate a generating station;

(b) for consent to instal or keep installed an electric line above ground in England and Wales, and

(c) for authorisations to construct or divert an oil or gas pipe-line on land in Great Britain.

As before, by regulation 3 the Secretary of State must not grant consent to an application for the construction, extension or operation of a nuclear generating station, or an application for the construction, extension or operation of a non-nuclear generating station which will result in a station with a heat output of 300 megawatts or more, unless the Secretary of State has taken into consideration the environmental information (as defined in regulation 2); this includes a statement by the applicant of the likely significant effects on the environment of the proposed development. Such a statement (“an environmental statement”) must conform with the Schedule to the Regulations. In the case of an application for consent to construct, extend or operate a non-nuclear generating station with a heat output of less than 300 megawatts, an application for consent to instal or keep installed an overhead line or an application for consent to construct or divert a pipe-line on land, an environmental statement will only be required where the Secretary of State determines that in his opinion the proposed development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location. The Regulations apply to applications received by the Secretary of State on or after the date on which the Regulations come into force.

Persons proposing to apply for consents or authorisations to which the Regulations apply may ask the Secretary of State for a determination as to whether he would wish to take an environmental statement into account. The Secretary of State is required to consult the local planning authority before making such a determination. Regulation 5 deals with the position where an application is submitted without an environmental statement and the Secretary of State determines that one is required. Regulation 6 contains new provision for notice to be given to other bodies to facilitate the preparation of an environmental statement. Provision is made in regulation 7 for publicity and in new regulation 8 for consultation.

The remaining regulations deal with charges, provision of information and the service of notices.

The Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1989 are revoked, but continue to apply to any application which was received before these Regulations came into force.