The Electricity Works (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 (S.I. 2000/1927) (“the 2000 Regulations”), which extend to England and Wales.

The 2000 Regulations implement Council Directive 85/337/EEC(1) of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (as amended by Council Directive 97/11/EC(2) of 3 March 1997) in relation to applications under sections 36 or 37 of the Electricity Act 1989 (c.29) in England and Wales for consent to construct, extend or operate a generating station or for consent to install or keep installed an electric line above ground.

These Regulations implement as regards the 2000 Regulations the amendments to Council Directive 85/337/EEC made by Article 3 of Directive 2003/35/EC(3) of the European Parliament and of the Council of 26 May 2003. Directive 2003/35/EC provides for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amends, with regard to public participation and access to justice, Council Directives 85/337/EEC and 96/61/EC(4).

Regulation 2 amends regulation 2 of the 2000 Regulations by inserting a definition for “additional information”. It also amends the definitions of “the consultative bodies”, “EEA State”, “environmental information”, “environmental statement” and “scoping opinion”.

Regulation 3 amends regulation 4 of the 2000 Regulations by adding to the list of procedures that must be followed before the Secretary of State may grant a section 36 or a section 37 consent.

Regulation 4 removes unnecessary wording from regulation 6 of the 2000 Regulations.

Regulation 5 amends regulation 7 of the 2000 Regulations as a consequence of the revised definitions of “the consultative bodies” and “scoping opinion” (see regulation 2 of these Regulations).

Regulation 6 amends regulation 8 of the 2000 Regulations as a consequence of the revised definition of “the consultative bodies”.

Regulation 7 amends regulation 9 of the 2000 Regulations. The amendments increase the information to be contained in the notice to be published where an environmental statement is submitted to the Secretary of State. The amendments also impose new requirements as to the timing of the publication of the notice and for publication of the notice in the London Gazette.

Regulation 8 amends regulation 10 of the 2000 Regulations. The amendments widen the range of documents to be placed on the planning register following receipt by the local planning authority. The amendments also increase the information to be included in the statement of the Secretary of State’s determination of the application and impose a new requirement for the applicant to publish notice of the determination in the London Gazette and in one or more local papers.

Regulation 9 amends regulation 11 of the 2000 Regulations. The amendments reflect the revised definition of “the consultative bodies” and require the applicant to serve a copy of the environmental statement on the local planning authority and to inform the Secretary of State when this has been done.

Regulation 10 amends regulation 12 of the 2000 Regulations. It amends the list of documents that the Secretary of State must send to any EEA State likely to be significantly affected by the proposed development.

Regulation 11 amends regulation 14 of the 2000 Regulations. The amendments impose a new requirement for the notice of further information to be published in the London Gazette and require the applicant to serve a copy of the further information together with a copy of the notice of further information on the local planning authority.

Regulation 12 inserts a new regulation 14A into the 2000 Regulations. The new regulation sets out the procedure which the Secretary of State must follow following receipt of “additional information” and the notice that the applicant must publish relating to “additional information”.

Regulation 13 amends regulation 15 of the 2000 Regulations as a consequence of the revised definition of “the consultative bodies”.

Regulation 14 amends Schedules 1 and 2 to the 2000 Regulations. The amendments concern the descriptions of development in respect of which an environmental statement is required.

An impact assessment covering changes to the 2000 Regulations (as well as the development consent regimes for pipe-line works and gas transporter pipe-line works) has been placed in the library of each House of Parliament. Copies can be obtained from the Energy Development Unit, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London, SW1H 0ET.

A Transposition Note has been prepared in connection with these Regulations and placed in the library of each House of Parliament. Copies can also be obtained from the Energy Development Unit, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London, SW1H 0ET.

The impact assessment and Transposition Note are also annexed to the Explanatory Memorandum, which is available alongside this instrument on the Office of Public Sector Information website: www.opsi.gov.uk.

(1)

OJ L 175, 5.7.1985, p.40

(2)

OJ L 073, 14.3.1997, p.5

(3)

OJ L 156, 25.6.2003, p.17

(4)

OJ L 257, 10.10.1996