The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017

Interpretation E+W

3.  In these Regulations—

“additional environmental information” has the meaning given in regulation 27(2);

“application website” must be interpreted in accordance with regulation 28;

“consultation body” has the meaning given in regulation 4;

“development” means the carrying out of building, engineering or other operations in, on, over or under land or sea;

“EIA development” has the meaning given in regulation 5;

“EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13th December 2011 on the assessment of the effects of certain public and private projects on the environment;

“EIA report” must be interpreted in accordance with regulation 17;

“electric line” has the meaning given in section 64 of the Electricity Act 1989;

“environmental impact assessment” must be interpreted in accordance with regulation 7;

“further environmental information” has the meaning given in regulation 26(9);

“generating station” must be interpreted in accordance with section 64 of the Electricity Act 1989;

“Habitats Directive” means Council Directive 92/43/EEC of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora M1 ;

“local planning authority” has the same meaning as in the Town and Country Planning Act 1990 M2 ;

“planning register” means the register kept under—

(a)

article 40(2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 M3 ; or

(b)

article 29(1) of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 M4 ;

“relevant authority” means—

(a)

the Secretary of State; or

(b)

in relation to an application for a section 36 consent or for a section 36 variation made (or to be made) to the Marine Management Organisation, the Marine Management Organisation M5 ;[F1 or

(c)

in relation to an application for a section 36 consent or for a section 36 variation made (or to be made) to the Welsh Ministers, the Welsh Ministers;]

“relevant waters” means—

(a)

waters adjacent to England or Wales that are between the mean low water mark and the seaward limits of the territorial sea; and

(b)

waters within a Renewable Energy Zone within the meaning of section 84(4) of the Energy Act 2004 M6 (other than an area in relation to which the Scottish Ministers have functions);

“screening decision”, in relation to proposed development, means a decision about whether or not the development is EIA development;

“section 36 consent” means a consent under section 36 of the Electricity Act 1989 M7 ;

“section 36 variation” means a variation of a section 36 consent under section 36C of the Electricity Act 1989;

“section 37 consent” means a consent under section 37 of the Electricity Act 1989 M8 ;

“Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30th November 2009 on the conservation of wild birds M9 .

Textual Amendments

F1 Words in reg. 3 inserted (1.4.2019) by The Electricity Works (Environmental Impact Assessment) (England and Wales) (Amendment) (Wales) Regulations 2019 (S.I. 2019/292), regs. 1, 2(2)

Marginal Citations

M1 O.J. L 206, 22.7.1992, p. 7.

M2 1990 c.8. See section 336(1) for the definition of “local planning authority”.

M3 S.I. 2015/595.

M4 S.I. 2012/801, to which there are amendments not relevant to these Regulations.

M5 The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009 (c.23). Certain functions under section 36 of the Electricity Act 1989 were transferred to the Marine Management Organisation by section 12 of that Act.

M6 Section 84(4) was substituted by paragraph 4 of Schedule 4 to the Marine and Coastal Access Act 2009. S.I. 2005/3153, made in exercise of the power in section 84(5) of the Energy Act 2004, sets out the area of the Renewable Energy Zone in relation to which the Scottish Ministers have functions.

M7 Section 36 was amended by section 93 of the Energy Act 2004, Schedule 1 to S.I. 2006/1054, paragraph 32 of Schedule 2 to the Planning Act 2008 (c.29), section 12 of the Marine and Coastal Access Act 2009 and section 78 of the Energy Act 2016 (c.20). Amendments made by section 39 of, and paragraph 47 of Schedule 6 to, the Wales Act 2017 are not yet in force.

M8 Section 37 was amended by paragraph 33 of Schedule 2 to the Planning Act 2008. Amendments made by section 42 of the Wales Act 2017 are not yet in force.

M9 O.J. L 20, 26.1.2010, p. 7.