The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

Environmental statements

3.—(1) Subject to paragraph (5) and regulations 4 (pipe-line works subject to planning permission in England and Wales) and 5 (pipe-line works subject to planning permission in Scotland) below, where a public gas transporter proposes to carry out any pipe-line works of the kind described in Part 1 of Schedule 3 to these Regulations, he shall not commence such works without first giving the Secretary of State a notice of preparation of environmental statement.

(2) Subject to paragraph (5) and regulations 4 and 5 below, where a public gas transporter proposes to carry out any pipe-line works of a kind described in Part 2 of Schedule 3 to these Regulations, he shall not commence such works unless either–

(a) in response to a request from the public gas transporter, the Secretary of State has made an environmental determination and such determination has not at the time of commencement of such works ceased to have effect in accordance with regulation 6(8) below (determination to cease to have effect where works not commenced within 5 years), or

(b) the public gas transporter has given the Secretary of State a notice of preparation of environmental statement.

(3) Subject to paragraph (4) and regulations 4 and 5 below, in any case (other than in response to a request for an environmental determination) where it appears to the Secretary of State, having taken into account the selection criteria, that a public gas transporter proposes to carry out or is carrying out any pipe-line works which are EIA development, and the public gas transporter has not given a notice of preparation of environmental statement, the Secretary of State shall–

(a) giving his reasons for his opinion, in writing direct the public gas transporter to prepare an environmental statement, and

(b) send a copy of the direction to the relevant planning authority and to such other persons as he thinks fit, together with, where necessary, documents sufficient to identify the proposed pipe-line works and the land in which the proposed pipe-line works would be carried out.

(4) Before making a direction pursuant to paragraph (3) above, the Secretary of State shall consult the public gas transporter who is proposing to carry out or is carrying out such works and such other persons as he thinks fit.

(5) Where–

(a) the Secretary of State determines in response to a request for an environmental determination that the pipe-line works in question are EIA development,

(b) the Secretary of State directs that an environmental statement be prepared pursuant to paragraph (3) above, or

(c) the public gas transporter gives the Secretary of State a notice of preparation of environmental statement,

the public gas transporter shall not commence or continue the pipe-line works in question without first making an application for and obtaining the consent of the Secretary of State under regulation 14 below (consent to pipe-line works) to the carrying out of those works.

(6) An application under paragraph (5) above for the consent of the Secretary of State to the carrying out of proposed pipe-line works shall be made by letter addressed to the Secretary of State, shall be accompanied by a copy of the environmental statement and shall include, or be accompanied by documents containing, the following information–

(a) the name and address of the public gas transporter;

(b) the location of the proposed pipe-line works; and

(c) a brief description of the nature and purpose of the proposed pipe-line works and of the main environmental consequences referred to in the environmental statement relating to the works.