The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017

EIA report: requirements E+W

17.—(1) For the purposes of these Regulations, an EIA report is a report prepared by the person (the “developer”) applying for a section 36 or 37 consent, or a section 36 variation, for development that includes at least the following information—

(a) a description of the development comprising information on the location, design, size and other relevant features of the development;

(b) a description of the likely significant effects of the development on the environment;

(c) a description of the features of the development and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(d) a description of the reasonable alternatives studied by the developer that are relevant to the development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the development on the environment;

(e) where the application is for a section 36 variation, the main respects in which the developer thinks that the likely significant effects on the environment of the development, as varied, will differ from those set out in—

(i) any EIA report or environmental statement prepared in connection with the application for the section 36 consent that it is proposed be varied; and

(ii) if the section 36 consent has previously been varied by a section 36 variation, any EIA report or environmental statement prepared in connection with the application for that variation;

(f) a non-technical summary of the information referred to in sub-paragraphs (a) to (e); and

(g) any other information set out in Schedule 4 relevant to the specific characteristics of the development and the environmental features likely to be affected.

(2) If the relevant authority has given a scoping opinion under regulation 18 in respect of the development, the EIA report must be based on the most recent scoping opinion (so far as the development remains materially the same as the development in respect of which the scoping opinion was given).

(3) The EIA report must include any information that may reasonably be required to reach a reasoned conclusion on the significant effects of the development on the environment, taking into account current knowledge and methods of assessment.

(4) In preparing the EIA report, the developer must, with a view to avoiding duplication of assessments, take into account any available results of other relevant assessments undertaken under requirements imposed in accordance with [F1 the law of any part of the United Kingdom].

(5) In order to ensure the completeness and quality of the EIA report—

(a) the developer must ensure that the EIA report is prepared by competent experts; and

(b) the EIA report must be accompanied by a statement from the developer outlining the relevant expertise or qualifications of the experts.

(6) In paragraph (1)(e), “environmental statement” means an environmental statement under the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 M1 .

Textual Amendments

F1 Words in reg. 17(4) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 10(4); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.I. 2000/1927, amended by S.I. 2007/1977. Section 12(5) of the Marine and Coastal Access Act 2009 provides that any reference in S.I. 2000/1927 to the Secretary of State is to be read, so far as relating to the exercise of an electricity consent function (as defined in section 12(2)) of the Secretary of State, as a reference to the Marine Management Organisation.