The Pipe-line Works (Environmental Impact Assessment) Regulations 2000

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Grant of pipe-line construction authorisation by Secretary of State in respect of relevant pipe-line works

3.—(1) The Secretary of State shall not grant a pipe-line construction authorisation in respect of relevant pipe-line works unless—

(a)the applicant submits to the Secretary of State an environmental statement in respect of the relevant pipe-line works in question; or

(b)the EIA application in question is the subject of a direction given under regulation 4 below.

[F1(1A) Where in relation to relevant pipe-line works there is, in addition to a requirement for an environmental statement to be submitted in accordance with these Regulations, also a requirement to carry out a Habitats Regulations Assessment, the Secretary of State shall where appropriate ensure that the preparation of the assessment and the environmental statement are coordinated.]

[F2(2) Where an environmental statement is submitted to the Secretary of State in connection with an EIA application, the Secretary of State—

(a)being satisfied that the requirements of regulations 7 to 8A, as appropriate, have been substantially complied with;

(b)having taken into consideration—

(i)the environmental statement and any supplementary information, ensuring that, where necessary, advice has been obtained by persons with appropriate expert knowledge who have examined the statement;

(ii)any further information or additional information;

(iii)any representations in respect of the relevant pipe-line works made by any person to whom a copy of the environmental statement was required to be sent pursuant to these Regulations; and

(iv)any opinions of the public; and

(c)having reached a reasoned conclusion on the significant effects of the relevant pipe-line works on the environment taking into account the information, representations and opinions referred to in sub-paragraph (b),

shall, subject to paragraph (3), integrate that conclusion into the decision as to whether or not to grant a pipe-line construction authorisation in respect of the works.]

[F3(2A) If the decision in paragraph (2) is to grant the pipe-line construction authorisation, the decision shall set out—

(a)any environmental conditions attached to the consent; and

(b)a description of any features of the relevant pipe-line works or measure envisaged to avoid, reduce or prevent and if possible offset any significant adverse effect on the environment; and

(c)any measures to monitor conditions imposed to avoid, prevent, or reduce and, if possible, offset significant adverse effects on the environment (“a monitoring condition”).]

[F3(2B) If the decision in paragraph (2) is to refuse the pipe-line construction authorisation, the decision shall state the main reasons for the refusal.]

[F3(2C) The reasoned conclusion referred to in paragraph (2)(c) shall be up to date at the time that the decision to grant the pipe-line construction authorisation is made but that conclusion shall be take to be up to date if, in the opinion of the Secretary of State it continues to address the significant effects that are likely to arise as a result of the relevant pipe-line works.]

[F3(2D) When considering whether to impose a monitoring condition under paragraph (2A)(c), the Secretary of State shall—

(a)consider whether to make provision for potential remedial action;

(b)consider whether there are appropriate existing monitoring arrangements under [F4any law of any part of the United Kingdom, other than any law which implemented the Directive,] to make the imposition of a monitoring condition unnecessary; and

(c)take steps to ensure that the type of parameters to be monitored and the duration of the monitoring are proportionate to the nature, location and size of the relevant pipe-line works and the significance of their effects on the environment.]

[F3(2E) The decision of the Secretary of State referred to in paragraph (2) shall be taken within a reasonable period of time, taking into account the nature and complexity of the relevant pipe-line works, from the date on which the Secretary of State has been provided with the information referred to in paragraph (2)(b).]

(3) In any case where [F5an EEA State] has requested as described in regulation 10(2) below to participate in the procedure under these Regulations in relation to an EIA application, the Secretary of State shall not grant a pipe-line construction authorisation for the relevant pipe-line works the subject of that application unless he—

(a)is satisfied that the requirements of regulation 10(1) and (2) below have been complied with;

(b)has communicated to that EEA State the response that he proposes to make to the EIA application in question (including information as to any measures envisaged to reduce or eliminate any possible significant effects of the relevant pipe-line works concerned on the environment of the F6... EEA State);

(c)is satisfied that—

(i)the EEA State concerned has been consulted regarding the relevant pipe-line works for such reasonable period as may have been agreed with such EEA State pursuant to regulation 10(2)(b) below and in particular that it has been afforded a reasonable opportunity to make representations regarding the relevant pipe-line works and the proposed response referred to in sub-paragraph (b) above; and

(ii)an opportunity has been afforded to the public in that EEA State and to those authorities which by reason of their particular environmental responsibilities in that EEA State are likely to be interested in the relevant pipe-line works to forward to the Secretary of State within a reasonable time [F7(in respect of the public, at least 30 days)] representations regarding the documents and information referred to in regulation 10(1) and (2)(a) below; and

(d)has taken into consideration any representations made by the EEA State, members of the public and authorities in that EEA State and any information regarding the relevant pipe-line works supplied by any of them.

(4) In any case where an environmental statement is submitted to the Secretary of State in connection with an EIA application, the Secretary of State shall [F8promptly]—

[F9(a)notify the applicant, the consultation bodies specified in the notice given pursuant to regulation 7(2) below, and any EEA State which has been sent a copy of the environmental statement pursuant to regulation 10 below, of his decision in relation to the EIA application; and]

[F9(b)provide to such persons together with the notification mentioned in sub-paragraph (a) above, a statement setting out—

(i)the content of the decision and, where applicable, any conditions to which the carrying out of the relevant pipe-line works is to be subject;

(ii)a summary of the main concerns and opinions expressed by the persons affected or likely to be affected by, or having an interest in, the decision [F10including where regulation 10 (projects affecting F11... EEA states) applies, any representations made by an EEA State affected by the relevant pipe-line works, the public concerned or authorities in that state];

(iii)the main reasons and considerations upon which the decision is based;

(iv)a description, where necessary, of the main measures required to be taken to avoid, reduce and, if possible, offset the major adverse effects of the relevant pipe-line works [F12, including any monitoring conditions]; and

(v)an explanation of the right of a person aggrieved by a decision of the Secretary of State to make an application pursuant to regulation 12 below.]

[F13(5) No later than 14 days after the date of the notification given pursuant to paragraph (4)(a) above, the applicant shall inform the public of the decision by publishing a notice containing the information specified in paragraph (5A) below—

(a)in the Gazette; and

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

[F14(c)on a public website.]

[F15(5A) A notice published under paragraph (5) shall—

(a)set out—

(i)the contents of the decision;

(ii)the main reasons and considerations on which the decision is based;

(iii)a summary of all representations made to the Secretary of State by any person in respect of the relevant pipe-line works including where regulation 10 (projects affecting F16... EEA states) applies, any representations made by an EEA State affected by the relevant pipe-line works, the public concerned or authorities in that state, together with details of how those representations were taken into account; and

(b)specify where details of these matters may be obtained, including the address of the public website on which a copy of the notice is published.]

F17(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The applicant shall provide the Secretary of State with copies of each of the newspapers [F18and the Gazette] in which the notices referred to in paragraph (5) above appeared in each case no later than 7 days after the date of publication of those newspapers [F19or the Gazette] [F20and also the address of the public website on which the notice was published in accordance with paragraph (5).]

[F21(7) In this regulation, “a Habitats Regulations Assessment” means an assessment under [F22regulation 63 of the Conservation of Habitats and Species Regulations 2017] in respect of the relevant pipe-line works.]

Textual Amendments

F1Reg. 3(1A) inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 48(a) (with reg. 58)

F2Reg. 3(2) substituted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 48(b) (with reg. 58)

F3Reg. 3(2A)-(2E) inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 48(c) (with reg. 58)

F4Words in reg. 3(2D)(b) 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), 5(9); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in reg. 3(3) 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), 5(7); 2020 c. 1, Sch. 5 para. 1(1)

F6Word in reg. 3(3)(b) omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 5(8); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in reg. 3(3)(c)(ii) inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 48(d) (with reg. 58)

F8Word in reg. 3(4) inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 48(e)(i) (with reg. 58)

F9Reg. 3(4)(a)(b) substituted (20.8.2007) by The Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1992), regs. 1, 5(b) (with reg. 12)

F10Words in reg. 3(4)(b)(ii) inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 48(e)(ii) (with reg. 58)

F11Word in reg. 3(4)(b)(ii) omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 5(8); 2020 c. 1, Sch. 5 para. 1(1)