The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
1Citation and commencement
1AReview
2Interpretation
3Prohibition on granting consent without consideration of environmental information
4When development is EIA development: general cases
5When development is EIA development: directions by the Secretary of State
6Procedure for establishing whether environmental impact assessment is required
7Considerations for screening decisions
8Application for a scoping opinion
9Procedure to facilitate preparation of environmental statements
10Consultation statement requirements
11Pre-application publicity under section 48 (duty to publicise)
12Obligations of Secretary of Stateon receipt of application
13Accepted application - publicity and consultation for EIA development
14Certifying compliance with regulation 13
15Effect of failure to comply with regulation 13
16Accepted application - effect of screening opinion not taking account of all relevant information
17Accepted application - effect of environmental statement being inadequate
18Subsequent application for EIA development
18ASubsequent application where environmental information previously provided
19Subsequent application not complying with EIA requirements
20Availability of copies of environmental statements
21Charges for copies of environmental statements
22Availability of directions etc and notification of decisions
23Duties to inform the consultees, public and the Secretary of State of final decisions
24Development with significant transboundary effects
25Service of notices etc
SCHEDULE 1Descriptions of development and criteria for the purposes of the definition of “Schedule 1 development”
Interpretation
Descriptions of development
1Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil)...
2(a) Thermal power stations and other combustion installations with a...
3(a) Installations for the reprocessing of irradiated nuclear fuel.
4(a) Integrated works for the initial smelting of cast-iron and...
5Installations for the extraction of asbestos and for the processing...
6Integrated chemical installations, that is to say, installations for the...
7(a) Construction of lines for long-distance railway traffic and of...
8(a) Inland waterways and ports for inland-waterway traffic which permit...
9Waste disposal installations for the incineration, chemical treatment (as defined...
10Waste disposal installations for the incineration or chemical treatment (as...
11Groundwater abstraction or artificial groundwater recharge schemes where the annual...
12(a) Works for the transfer of water resources, other than...
13Waste water treatment plants with a capacity exceeding 150,000 population...
14Extraction of petroleum and natural gas for commercial purposes where...
15Dams and other installations designed for the holding back or...
16Pipelines with a diameter of more than 800 millimetres and...
17Installations for the intensive rearing of poultry or pigs with...
18Industrial plants for— (a) the production of pulp from timber...
19Quarries and open-cast mining where the surface of the site...
20Construction of overhead electrical power lines with a voltage of...
21Installations for storage of petroleum, petrochemical or chemical products with...
22Any change to or extension of development listed in this...
23Storage sites pursuant to Directive 2009/31/ EC of the European...
24Installations for the capture of carbon dioxide streams for the...
SCHEDULE 2Descriptions of development for the purposes of the definition of “Schedule 2 development”
1Agriculture, silviculture and aquaculture (a) Projects for the restructuring of...
2Extractive industry (a) Quarries, open-cast mining and peat extraction (where...
3Energy industry (a) Industrial installations for the production of electricity,...
4Production and processing of metals (a) Installations for the production...
5Mineral industry (a) Coke ovens (dry coal distillation);
6Chemical industry (Projects not included in Schedule 1)
7Food industry (a) Manufacture of vegetable and animal oils and...
8Textile, leather, wood and paper industries (a) Industrial plants for...
9Rubber industry Manufacture and treatment of elastomer-based products.
10Infrastructure projects (a) Industrial estate development projects;
11Other projects (a) Permanent racing and test tracks for motorised...
12Tourism and leisure (a) Ski-runs, ski-lifts and cable-cars and associated...
13(a) Any change to or extension of development of a...
SCHEDULE 3Selection criteria for screening Schedule 2 development
14Characteristics of development The characteristics of development must be considered...
15Location of development The environmental sensitivity of geographical areas likely...
16Characteristics of the potential impact The potential significant effects of...
SCHEDULE 4Information for inclusion in environmental statements
PART 1
17Description of the development, including in particular—
18An outline of the main alternatives studied by the applicant...
19A description of the aspects of the environment likely to...
20A description of the likely significant effects of the development...
21A description of the measures envisaged to prevent, reduce and...
22A non-technical summary of the information provided under paragraphs 1...
23An indication of any difficulties (technical deficiencies or lack of...
PART 2
24A description of the development comprising information on the site,...
25A description of the measures envisaged in order to avoid,...
26The data required to identify and assess the main effects...
27An outline of the main alternatives studied by the applicant...
28A non-technical summary of the information provided under paragraphs 1...
SCHEDULE 5

2009 No. 2263

Infrastructure Planning

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Made

Laid before Parliament

Coming into force

The Secretary of State for Communities and Local Government being a designated M1 Minister for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the environment, in exercise of the powers conferred by that section makes the following Regulations:

Annotations:
Marginal Citations
M1

The Secretary of State is so designated by S.I. 2008/301.

M2

1972 c.68. Section 2(2) includes power to make certain provision in relation to the European Economic Area by virtue of section 2(5) of the European Economic Area Act 1993 (c.51).