The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007

Amendment of the 1999 Regulations

10.  Before regulation 12 (Charges), insert—

“Additional information and publicity

11A.— (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 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 gas transporter pursuant to paragraph (2)(b) above, he shall serve a copy of that notice on the consultation bodies.

(4) The notice referred to in paragraph (2)(a) above shall be published in two successive weeks—

(a) in the Gazette; and

(b) in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out.

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

(a) describe the application for consent 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)(b) above;

(c) state that the relevant planning authority identified in (b) above 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 four weeks 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) above; and

(b) served on the Secretary of State pursuant to paragraph (3) above.

(7) The gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes 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 that newspaper or Gazette.

(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 in accordance with paragraph (3) above; or

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