The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018

Amendments to the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017

10.—(1) The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017(1) are amended as follows.

(2) In regulation 7(2)(b), after “species protected under” insert “any law of any part of the United Kingdom that implemented”.

(3) In regulations 12(3)(a) and 15(1)(b), for “European Union legislation other than” substitute “retained EU law other than any law that implemented”.

(4) In regulation 17(4), for “European Union legislation or under domestic legislation” substitute “the law of any part of the United Kingdom”.

(5) In each place it occurs in regulation 22(2) and (5), omit “(other than the United Kingdom)”.

(6) In regulation 22(2)(b), omit “other”.

(7) In regulation 24—

(a) in the heading, omit “other”;

(b) in both places it occurs in paragraph (1), omit “(other than the United Kingdom)”;

(c) in paragraph (1)(a), omit “other than the United Kingdom”;

(d) in paragraph (4), for “referred to in Article 6(1) of the EIA Directive” substitute “designated by the EEA state concerned to be consulted about the project”.

(8) In regulation 39—

(a) in paragraph (2)(b), after “the requirements of” insert “the law of any part of the United Kingdom that implemented”;

(b) in paragraph (5), after “to comply with” insert “the law of any part of the United Kingdom that implemented”.

(9) In regulation 42, after paragraph (4) insert—

“(4A) For the purposes of this regulation, the 2000 Regulations(2) must be treated as if, immediately before being revoked, they had been amended as follows—

(a) in regulations 4(2)(b) and 12(1)(i) and in the heading of regulation 12, omit “other”;

(b) in regulation 9(2)(a) and both places it occurs in regulation 12(1), for “another EEA State” substitute “an EEA State”;

(c) in regulation 12(3), for “referred to in Article 6(1) of Council Directive 85/337/EEC” substitute “designated by the EEA State concerned to be consulted about the project”;

(d) in Schedule 3—

(i) in paragraph 2(c)(v), for “EEA States’ legislation” substitute “domestic legislation or legislation of EEA States;”;

(ii) in paragraph 2(c)(vi), for the words after “designated by” to the end substitute “national legislation or Natura 2000 as defined in regulation 3(1) of the Conservation of Habitats and Species Regulations 2017;”;

(iii) in paragraph 2(c)(vii), for “legislation of the European Union” substitute “retained EU law””.

(10) In Schedule 3—

(a) in paragraph 2(c)(v), omit “other”;

(b) in paragraph 2(c)(vii), for “European Union legislation” substitute “retained EU law”.

(11) In Schedule 4—

(a) in paragraph 5(2), omit the words “, including in particular those established under the Habitats Directive or the Wild Birds Directive”;

(b) in paragraph 8(2)—

(i) for “European Union legislation such as the Seveso III Directive or the Nuclear Safety Directive and relevant assessments undertaken under domestic legislation” substitute “retained EU law and relevant assessments undertaken under any other law of any part of the United Kingdom”;

(ii) after “requirements of” insert “any law of any part of the United Kingdom that implemented”.

(1)

S.I. 2017/580, amended by S.I. 2017/1012.

(2)

S.I. 2000/1928, amended by S.I. 2000/3253, 2007/1992, 2011/2453, 2013/755, 2017/582 and 2017/1012.