Part 6Environmental outcomes reports

General

I1162Public consultation etc

1

An appropriate authority must consult the public before making EOR regulations which contain provision—

a

under section 152(1) (specified environmental outcomes);

b

amending, repealing or revoking relevant existing environmental assessment legislation.

2

An appropriate authority must consult such persons as the appropriate authority considers appropriate—

a

before making EOR regulations which contain provision under—

i

section 154(1) to (6) (consents and plans subject to this Part);

ii

section 159(2) (power to provide for further exemptions by Secretary of State direction);

iii

section 160 (enforcement);

iv

section 164 (interaction with existing environmental assessment legislation and the Habitats Regulations);

b

before issuing, modifying or withdrawing any guidance under section 163, which relates to—

i

how the likely impact of a proposed relevant consent or proposed relevant plan on the delivery of a specified environmental outcome should be assessed, or

ii

how the extent to which a relevant consent or relevant plan actually affects the delivery of a specified environmental outcome should be assessed or monitored.

3

EOR regulations may require a public authority to respond, or to respond in a particular way or by a particular time, to a consultation under subsection (1) or (2).

4

The requirements to consult in subsections (1) and (2) may be met by consultation carried out before the subsection concerned comes into force.