The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017

Regulation 28

SCHEDULE 1

Regulations 7, 10 and 10A

“SCHEDULE A1 Descriptions of projects that are Schedule A1 Projects

1.   Crude‑oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

2.   Thermal power stations and other combustion installations with a heat output of 300 megawatts or more.

3.   Nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors (except research installations for the production and conversion of fissionable and fertile material, whose maximum power does not exceed 1 kilowatt continuous thermal load).

4.   Installations for the reprocessing of irradiated nuclear fuel.

5.   Installations designed—

(a) for the production or enrichment of nuclear fuel;

(b) for the processing of irradiated nuclear fuel or high‑level radioactive waste;

(c) for the final disposal of irradiated nuclear fuel;

(d) solely for the final disposal of radioactive waste;

(e) solely for the storage (planned for more than ten years) of irradiated nuclear fuels or radioactive waste in a different site from the production site.

6.   Integrated works for the initial smelting of cast‑iron and steel.

7.   Installations for the production of non‑ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

8.   Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos—

(a) for asbestos‑cement products, with an annual production of more than 20,000 tonnes of finished products;

(b) for friction material, with an annual production of more than 50 tonnes of finished products; and

(c) for other uses of asbestos, utilisation of more than 200 tonnes per year.

9.   Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are—

(a) for the production of basic organic chemicals;

(b) for the production of basic inorganic chemicals;

(c) for the production of phosphorous–, nitrogen– or potassium‑based fertilisers (simple or compound fertilisers);

(d) for the production of basic plant health products and of biocides;

(e) for the production of basic pharmaceutical products using a chemical or biological process;

(f) for the production of explosives.

10.   Construction of lines for long‑distance railway traffic and of airports with a basic runway length of 2,100 metres or more.

11.   Construction of motorways and express roads.

12.   Construction of a new road of four or more lanes, or realignment or widening of an existing road of two lanes or less, so as to provide four or more lanes, where such new road, or realigned or widened section of road, would be 10 kilometres or more in a continuous length.

13.   Inland waterways and ports for inland‑waterway traffic which permit the passage of vessels of over 1,350 tonnes.

14.   Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

15.   Waste disposal installations for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council on waste(1) under heading D9), or landfill of hazardous waste as defined in Article 3(2) of that Directive.

16.   Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9) of non‑hazardous waste with a capacity exceeding 100 tonnes per day.

17.   Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

18.   Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year.

19.   In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi‑annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

20.   Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2(6) of Council Directive 91/271/EEC of the European Parliament and of the Council concerning urban waste-water treatment(2).

21.   Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

22.   Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

23.   Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres for the transport of—

(a) gas, oil or chemicals;

(b) carbon dioxide streams for the purposes of geological storage, including associated booster stations.

24.   Installations for the intensive rearing of poultry or pigs with more than—

(a) 85,000 places for broilers or 60,000 places for hens;

(b) 3,000 places for production pigs (over 30 kg); or

(c) 900 places for sows.

25.   Industrial plants for—

(a) the production of pulp from timber or similar fibrous materials;

(b) the production of paper and board with a production capacity exceeding 200 tonnes per day.

26.   Quarries and open‑cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

27.   Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km.

28.   Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.

29.   Storage sites pursuant to Directive 2009/31/EC(3) of the European Parliament and of the Council on the geological storage of carbon dioxide.

30.   Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations referred to in this Schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more

31.   Any change to or extension of project specified in this Schedule where such a change or extension in itself meets the thresholds, if any, or description of development set out in this Schedule.

32.   In this Schedule—

“airport” means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14)(4);

“express road” means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15th November 1975(5); and

“nuclear power station” and “other nuclear reactor” do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor is to be treated as development of the description mentioned in paragraph 3 of this Schedule.

Regulations 8, 10 and 10A

SCHEDULE A2 Descriptions of projects that are Schedule A2 projects

Agriculture, silviculture and aquaculture

1.   Projects for the restructuring of rural land holdings.

2.   Projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes.

3.   Water management projects for agriculture, including irrigation and land drainage projects.

4.   Initial afforestation and deforestation for the purposes of conversion to another type of land use.

5.   Intensive livestock installations (unless included in Schedule A1).

6.   Intensive fish farming.

7.   Reclamation of land from the sea.

Extractive industry

8.   Quarries, open cast mining and peat extraction (unless included in Schedule A1).

9.   Underground mining.

10.   Extraction of minerals by fluvial or marine dredging;

11.   Deep drillings, in particular—

(a) geothermal drilling;

(b) drilling for the storage of nuclear waste material;

(c) drilling for water supplies,

with the exception of drillings for investigating the stability of the soil.

12.   Surface industrial installations for the extraction of coal, petroleum, natural gas and ores, as well as bituminous shale.

Energy

13.   Industrial installations for the production of electricity, steam and hot water (unless included in Schedule A1).

14.   Industrial installations for carrying gas, steam and hot water and transmission of electrical energy by overhead cables (unless included in Schedule A1).

15.   Surface storage of natural gas.

16.   Underground storage of combustible gases.

17.   Surface storage of fossil fuels.

18.   Industrial briquetting of coal and lignite.

19.   Installations for the processing and storage of radioactive waste (unless included in Schedule A1).

20.   Installations for hydroelectric energy production.

21.   Installations for the harnessing of wind power for energy production (wind farms).

22.   Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations not included in Schedule A1.

Production and processing of metals

23.   Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting.

24.   Installations for the processing of ferrous metals—

(a) hot-rolling mills;

(b) smithies with hammers;

(c) application of protective metal coats.

25.   Ferrous metal foundries.

26.   Installations for the smelting, including the alloyage, of non-ferrous metals, excluding precious metals, including recovered products (refining, foundry casting, etc.).

27.   Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process.

28.   Manufacture and assembly of motor vehicles and manufacture of motor vehicle engines.

29.   Shipyards.

30.   Installations for the construction and repair of aircraft.

31.   Manufacture of railway equipment.

32.   Swaging by explosives.

33.   Installations for the roasting and sintering of metallic ores.

Mineral industry

34.   Coke ovens (dry coal distillation).

35.   Installations for the manufacture of cement.

36.   Installations for the production of asbestos and the manufacture of asbestos-based products (unless included in Schedule A1).

37.   Installations for the manufacture of glass including glass fibre.

38.   Installations for smelting mineral substances including the production of mineral fibres.

39.   Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stonewear or porcelain.

Chemical industry (unless included in Schedule A1)

40.   Treatment of intermediate products and production of chemicals.

41.   Production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides.

42.   Storage facilities for petroleum, petrochemical and chemical products.

Food industry

43.   Manufacture of vegetable and animal oils and fats.

44.   Packing and canning of animal vegetable products.

45.   Manufacture of dairy products.

46.   Brewing and malting.

47.   Confectionery and syrup manufacture.

48.   Installations for the slaughter of animals.

49.   Industrial starch manufacturing installations.

50.   Fish-meal and fish-oil factories.

51.   Sugar factories.

Textile, leather, wood and paper industries

52.   Industrial plants for the production of paper and board (unless included in Schedule A1).

53.   Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles.

54.   Plants for the tanning of hides and skins.

55.   Cellulose-processing and production installations.

Rubber industry

56.   Manufacture and treatment of elastomer-based products.

Infrastructure projects

57.   Industrial estate development projects.

58.   Urban development projects, including the construction of shopping centres and car parks, sports stadiums, leisure centres and multiplex cinemas.

59.   Construction of intermodal transhipment facilities and of intermodal terminals (unless included in Schedule A1).

60.   Construction of railways (unless included in Schedule A1).

61.   Construction of airfields (unless included in Schedule A1).

62.   Construction of roads (unless included in Schedule A1).

63.   Construction of harbours and port installations including fishing harbours (unless included in Schedule A1).

64.   Inland-waterway construction not included in Schedule A1, canalisation and flood-relief works.

65.   Dams and other installations designed to hold water or store it on a long-term basis (unless included in Schedule A1).

66.   Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport.

67.   Oil and gas pipeline installations and pipelines for the transport of carbon dioxide streams for the purposes of geological storage (unless included in Schedule A1).

68.   Installations of long-distance aqueducts.

69.   Coastal work to combat erosion and maritime works capable of altering the coast through the construction of, for example, dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works.

70.   Groundwater abstraction and artificial groundwater recharge schemes not included in Schedule A1.

71.   Works for the transfer of water resources between river basins not included in Schedule A1.

72.   Motorway service areas.

Other projects

73.   Permanent racing and test tracks for motorised vehicles.

74.   Installations for the disposal of waste (unless included in Schedule A1).

75.   Waste-water treatment plants (unless included in Schedule A1).

76.   Sludge-deposition sites.

77.   Storage of scrap iron, including scrap vehicles.

78.   Test benches for engines, turbines or reactors.

79.   Installations for the manufacture of artificial mineral fibres.

80.   Installations for the recovery or destruction of explosive substances.

81.   Knackers’ yards.

Tourism and leisure

82.   Ski-runs, ski-lifts and cable-cars, and associated developments.

83.   Marinas.

84.   Holiday villages and hotel complexes outside urban areas and associated developments.

85.   Theme parks.

86.   Permanent camp sites and caravan sites.

87.   Golf courses and associated developments.

Changes and extensions

88.   Any change to or extension of development of a description listed in Schedule A1 (other than a change or extension falling within paragraph 31 of that Schedule) where that development is already authorised, executed or in the process of being executed.

89.   Any change to or extension of development of a description listed in paragraphs 1 to 87 of this Schedule where that development is already authorised, executed or in the process of being executed.

90.   Development of a description mentioned in Schedule A1 undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.”

Regulation 29

SCHEDULE 2

Regulation 8(2)

“SCHEDULE 1 Matters relevant to consideration of whether or not a Schedule A2 project is likely to have significant effects on the environment

Characteristics of the project

1.   The characteristics of the project, with particular regard to—

(a) the size and design of the whole project;

(b) cumulation with other existing or approved projects ;

(c) the use of natural resources, in particular land, soil, water and biodiversity;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of major accidents or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge; and

(g) the risks to human health (for example due to water contamination or air pollution).

Location of the project

2.   The environmental sensitivity of geographical areas likely to be affected by the project, with particular regard to—

(a) the existing and approved land use;

(b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and below ground in that area;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands, riparian areas, river mouths;

(ii) coastal zones and the marine environment;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under national legislation, Natura 2000 areas designated or classified by member States pursuant to the Habitats Directive or the Wild Birds Directive;

(vi) areas in which there has already been a failure to meet the environmental quality standards laid down in EU legislation and relevant to the project, or in which it is considered that there is such a failure;

(vii) densely populated areas; and

(viii) landscapes and sites of historical, cultural or archaeological significance.

Types and characteristics of the potential impact

3.   The likely significant effects of projects on the environment in relation to the matters set out in paragraphs 1 and 2, with regard to the impact of the project on the factors specified in regulation 21A(2)(a) to (e) and with regard to—

(a) the magnitude and spatial extent of the impact (for example the geographical area and the size of the population likely to be affected);

(b) the nature of the impact;

(c) the transboundary nature of the impact;

(d) the intensity and complexity of the impact;

(e) the probability of the impact;

(f) the expected onset, duration, frequency and reversibility of the impact;

(g) the cumulation of the impact with the impact of other existing or approved projects;

(h) the possibility of effectively reducing the impact.”

Regulation 31

SCHEDULE 3

Regulation 12(2)

“SCHEDULE 3 Information to be included in an environmental statement

1.   A description of the project and of the regulated activity, including in particular:

(a) a description of the location of the project and the regulated activity;

(b) a description of the physical characteristics of the whole project and regulated activity, including where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

(c) a description of the main characteristics of the operational phase of the project and the regulated activity (in particular any production process): for instance, energy demand and energy used, the nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

(d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation and quantities and types of waste produced during the construction and operation phases) resulting from the operation of the proposed project and the regulated activity.

2.   A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the proposed project, the regulated activity and their specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3.   A description of the relevant aspects of the current state of the environment (baseline scenario), and an outline of the likely evolution thereof without implementation of the project, as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4.   A description of the factors specified in regulation 21A(2)(a) to (e) likely to be significantly affected by the project and the regulated activity: population, human health, biodiversity (for example, fauna and flora), land (for example, land take), soil (for example, organic matter, erosion, compaction, sealing), water (for example, hydromorphological changes, quantity and quality), air, climate (for example, greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5.   A description of the likely significant effects of the project and the regulated activity on the environment resulting from, inter alia—

(a) the construction and existence of the project and the regulated activity, including, where relevant, demolition works;

(b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

(c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

(d) the risks to human health, cultural heritage or the environment (for example, due to accidents or disasters);

(e) the cumulation of effects with other existing or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f) the impact of the project on climate (for example, the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

(g) the technologies and the substances used.

6.   The description of the likely significant effects on the factors specified in regulation 21A(2)(a) to (e) must cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the project and the regulated activity. This description must take into account the environmental protection objectives established at Union or member State level which are relevant to the project and the regulated activity.

7.   A description of the forecasting methods or evidence used to identify and assess the significant effects on the environment including details of difficulties (for example, technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.

8.   A description of the measures envisaged to avoid, prevent, reduce or if possible offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example, the preparation of a post-project analysis). That description must explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and must cover both the construction and operational phases.

9.   A description of the expected significant adverse effects of the project and the regulated activity on the environment deriving from the vulnerability of the project and the regulated activity to risks of major accidents or disasters which are relevant to the project and the regulated activity concerned. Relevant information available and obtained through risk assessments pursuant to EU legislation such as Directive 2012/18/EU of the European Parliament and of the Council on the control of major accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC(6) or Council Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations(7) or UK environmental assessments may be used for this purpose provided that the requirements of the EIA Directive are met. Where appropriate, this description must include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

10.   A non-technical summary of the information provided under paragraphs 1 to 9.

11.   A reference list detailing the sources used for the descriptions and assessments included in the report.”

(1)

O.J. No. L 312, 22.11.2008, p. 3.

(2)

O.J. No. L 135, 30.5.1991, p. 40, last amended by Regulation (EC) No. 1137/2008 (O.J. No. L 311, 21.11.2008, p. 1).

(3)

OJ L 140, 5.6.2009, p. 114.

(4)

Command Paper 6614.

(5)

Command Paper 6993.

(6)

OJ No L 197, 24.7.2012, p. 1.

(7)

OJ No L 219, 25.7.2014, p. 42.