The Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1989

Explanatory Note

This note is not part of the Regulations)

These Regulations are concerned with the implementation of Council Directive 85/337/EEC (OJ No. L175, 5.7.85, p.40) on the assessment of the effects of certain public and private projects on the environment.

The Regulations impose new procedural requirements in connection with the consideration of applications for consent for the construction or extension of generating stations or for the placing of electric lines in England and Wales, and in connection with the consideration of applications for authorisations to construct or divert an oil or gas pipe-line on land in Great Britain.

By regulation 3, the Secretary of State must not grant an application for the construction or extension of a nuclear generating station, or an application for the construction or extension of a non-nuclear generating station which will result in a station with a heat output of 300 megawatts or more, unless the Secretary of State has taken into consideration the environmental information (as defined in regulation 2); this includes a statement by the applicant of the likely significant effects on the environment of the proposed development. Such a statement (“an environmental statement”) must conform with the Schedule to the Regulations. In the case of an application for consent to construct or extend a non-nuclear generating station with a heat output of less than 300 megawatts, an application for consent to place an overhead line or an application for consent to construct or divert a pipe-line on land, an environmental statement will only be required where the Secretary of State determines that in his opinion the proposed development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location. The Regulations apply to applications received by the Secretary of State on or after the date on which the Regulations come into force.

Persons proposing to apply for consents or authorisations to which the Regulations apply may ask the Secretary of State for his opinion whether he would wish to take an environmental statement into account. The Secretary of State is required to consult the local planning authority before giving such an opinion. Regulation 5 deals with the position where an application is submitted without an environmental statement and the Secretary of State determines that one is required.

The remaining regulations deal with publicity, charges and requests for further information.