The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017

14.  In Schedule 7 (proposals for orders under section 7)—

(a) in paragraphs 4 and 5(b), for the words “purposes and he considers” to the end, substitute “as its sole purpose, or comprise a project having the response to a civil emergency as its sole purpose, and he considers that the carrying out of an environmental impact assessment of the works would have an adverse effect on that purpose.”;

(b) the existing provisions of paragraph 5 (as amended by sub-paragraph (a)) becomes sub-paragraph (1), and after the new sub-paragraph (1) insert—

“(2) When carrying out consultation under sub-paragraph (1), the Secretary of State may also provide (in addition to the information described in rule 7(5)) a description of any features of the proposed works or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.”;

(c) for paragraph 7, substitute—

“7.   In reaching his determination as to whether an environmental impact assessment is necessary, the Secretary of State shall take into account—

(a) any information provided to the Secretary of State pursuant to paragraph 5;

(b) where relevant, the results of other environmental assessments carried out pursuant to European Union legislation other than legislation implementing the requirements of the Directive; and

(c) such of the selection criteria set out in Annex III to the Directive as are relevant to the proposed works.”;

(d) after paragraph 12, insert—

“12A.— (1) Where the Secretary of State has determined that an environmental impact assessment of the proposed works is necessary he must arrange for a notice containing the information specified in paragraph 12(a) and (b), together with a copy of the environmental statement, to be published on a website maintained by or on behalf of the Secretary of State for that purpose.”;

(e) in paragraph 18—

(i) after “provision” insert “, or by the Secretary of State on a case-by-case basis,”; and

(ii) after responsibilities insert “or local or regional competencies”;

(f) in paragraph 29, after “Where” insert “the Secretary of State has determined under paragraph 3 that an environmental impact assessment is necessary and”;

(g) in paragraph 30, after “This paragraph shall apply where” insert “the Secretary of State has determined under paragraph 3 that an environmental impact assessment is necessary and”; and

(h) in paragraph 31, at the end of sub-paragraph (c), insert “; and” and insert—

“(d) arrange for a copy of the information to be published on a website maintained by or on behalf of the Secretary of State for that purpose.”