The Pipe-line Works (Environmental Impact Assessment) Regulations 2000

Pre-application opinion by the Secretary of State as to content of environmental statement

5.—(1) This regulation applies where a prospective applicant makes a request to the Secretary of State accompanied by the appropriate particulars for the Secretary of State’s opinion in writing as to [F1 the scope and level of detail to be included by the applicant] in an environmental statement in respect of the relevant pipe-line works referred to in the request.

(2) Subject to paragraph (3) below, the Secretary of State shall give an opinion in response to a request under paragraph (1) above, having first—

(a) taken into account [F2 on the information provided]—

(i) the specific characteristics of the particular relevant pipe-line works [F3 including location and technical capacity];

(ii) the specific characteristics of pipe-line works of the type concerned;

(iii) the environmental features likely to be affected by the relevant pipe-line works; and

F4 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) consulted the prospective applicant and the consultation bodies.

(3) Where the Secretary of State, having received a request under paragraph (1) above, considers that he has not been provided with sufficient information to enable him to give an opinion on the questions raised or to consult in accordance with paragraph (2)(b) above, he shall notify the prospective applicant of the particular points on which he requires further information.

(4) The prospective applicant making the request under paragraph (1) above shall supply the Secretary of State with such number of additional copies of the plan accompanying the request as the Secretary of State may reasonably require.

(5) The prospective applicant and the consultation bodies shall communicate their views (if any) on the consultation carried out by the Secretary of State under paragraph (2)(b) above no later than [F5 30 days] after the date on which they were consulted.

(6) The Secretary of State shall give an opinion in response to a request under paragraph (1) above no later than [F5 30 days] after whichever is the later of—

(a) the date of receipt by him of further information pursuant to a notice under paragraph (3) above; or

(b) the expiry of the period for the prospective applicant and the consultation bodies to give their views to the Secretary of State in accordance with paragraph (5) above, or, if earlier, the date by which he has received the views of the prospective applicant and all the consultation bodies consulted under paragraph (2)(b) above,

or by such later date as may be agreed in writing between him and the prospective applicant.

(7) An opinion given by the Secretary of State under paragraph (2) above shall be without prejudice to the power of the Secretary of State to request further information under regulation 8 below.

Textual Amendments

F1 Words in reg. 5(1) substituted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 50(1)(a) (with reg. 58)

F2 Words in reg. 5(2)(a) inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 50(1)(b)(i) (with reg. 58)

F3 Words in reg. 5(2)(a)(i) inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 50(1)(b)(ii) (with reg. 58)

F4 Reg. 5(2)(a)(iv) omitted (16.5.2017) by virtue of The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 50(1)(b)(iii) (with reg. 58)

F5 Words in Regulations substituted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), reg. 45 (with reg. 58)