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Provisions as to directions that no environmental statement need be preparedU.K.

6.—(1) Where–

(a)an undertaker makes an application containing the appropriate particulars to the Secretary of State for him to exercise the power conferred by this paragraph (1); and

(b)the Secretary of State is satisfied that either–

(i)the carrying out of the relevant project described in that application; or

(ii)the carrying out of the relevant project as modified or carried out in a particular way or carried out at a particular time,

is not likely to have a significant effect on the environment, he may, [F1subject to paragraphs (5) and (5A) below], give a direction that any application for consent in respect of that relevant project or that relevant project as modified, or to be carried out in the manner or at the time specified in the direction, need not be accompanied by an environmental statement.

[F2(2) Where a relevant project has been the subject of an environmental assessment in accordance with regulation 5(4) above (grant of consent by Secretary of State in respect of relevant projects subject to environmental assessment), the Secretary of State may, on the application of the undertaker concerned, give a direction that further applications for consents of such kind as may be specified in that direction need not be accompanied by an environmental statement provided that—

(a)the Secretary of State is satisfied that if such consents were granted anything that might be done pursuant to them would not give rise to substantially different effects from, or significantly greater effects than, those mentioned in the environmental statement originally prepared in respect of the relevant project; and

(b)any such consents, if granted, would not otherwise fall within any of sub-paragraphs (a) to (d) of paragraph (5) below.]

(3) In deciding whether or not to give a direction under paragraph (1) or (2) above, the Secretary of State shall take into consideration, where relevant, the matters set out in Schedule 1 to these Regulations.

(4) An undertaker shall provide to the Secretary of State such further information in relation to any application made by the undertaker under paragraph (1)(a) or (2) above as the Secretary of State may require.

(5) Subject to paragraph (6) below, no direction shall be given pursuant to paragraph (1) above in respect of any application for consent–

(a)to the getting of more than 500 tonnes of oil per day or 500,000 cubic metres of gas per day otherwise than in the course of the drilling or testing of any well;

(b)to the erection of any structure in relation to a relevant project comprising a development which the Secretary of State is not satisfied would be likely to produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day;

(c)for the execution of works for the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more (regardless of whether that pipe-line forms an integral part of a development); or

(d)in respect of which another member State has requested to participate in the procedure pursuant to regulation 12 below (projects affecting other States).

[F3(5A) No direction shall be given pursuant to paragraph (1) above in respect of any application for an extension of a consent.

(5B) For the purposes of paragraph (5A) above, an “extension of a consent” is a variation of an existing consent for a relevant project, where, if the effect of the variation were itself the subject of a separate application, the application would be for consent to—

(a)the getting of more than 500 tonnes of oil per day, or 500,000 cubic metres of gas per day otherwise than in the course of the drilling or testing of any well;

(b)the erection of any structure in relation to a relevant project comprising a development which the Secretary of State is not satisfied would be likely to produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day; or

(c)the execution of works for the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more (regardless of whether that pipe-line forms an integral part of a development).]

[F4(6) Paragraph (5) above shall not prevent the giving of a direction pursuant to paragraph (1) above in respect of an application for a variation of any consent to the erection of any structure in relation to a development (whether the structure has already been erected pursuant to that consent or not).]

(7) Any direction given pursuant to this regulation shall remain in force for 2 years (or such shorter period as may be specified in the direction) from the date on which it was given.

(8) The Secretary of State shall give notice to the undertaker concerned of his decision in relation to any application made under this regulation.

F5(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The Secretary of State may revoke any direction given under this regulation.

[F6(11) Where the Secretary of State makes a decision in relation to any application for a direction in accordance with this regulation, regulations 5(8) and 5(8A) shall apply in respect of such an application for a direction in the same way as they apply to an application for a consent accompanied by an environmental statement.]

Textual Amendments