The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

Amendment of regulation 3 (grant of pipe-line construction authorisation by Secretary of State in respect of relevant pipe-line works) U.K.

48.  In regulation 3—

(a) after paragraph (1), insert—

“(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.”;

(b) for paragraph (2), substitute—

“(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.”;

(c) after paragraph (2), insert—

“(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”).

(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.

(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.

(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 EU legislation other than the Directive, or under national legislation, 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.

(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).”;

(d) in paragraph (3)(c)(ii), after “reasonable time” insert “(in respect of the public, at least 30 days)”;

(e) in paragraph (4)—

(i) after “Secretary of State shall”, insert “promptly”;

(ii) at the end of sub-paragraph (b)(ii), insert “including where regulation 10 (projects affecting other 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”; and

(iii) in sub-paragraph (b)(iv), after “relevant pipe-line works”, insert “, including any monitoring conditions”;

(f) in paragraph (5), after sub-paragraph (b), insert—

“; and

(c) on a public website.”;

(g) for paragraph (5A), substitute

“(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 other 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.”;

(h) omit paragraph (5B);

(i) at the end of paragraph (6), insert “and also the address of the public website on which the notice was published in accordance with paragraph (5).” and

(j) after paragraph (6), insert—

“(7) In this regulation, “a Habitats Regulations Assessment” means an assessment under regulation 61 of the Conservation of Habitats and Species Regulations 2010 in respect of the relevant pipe-line works(1).”.

Commencement Information

I1 Reg. 48 in force at 16.5.2017, see reg. 1

(1)

S.I. 2010/490; regulation 61 is amended by S.I. 2012/1927.