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

Exemptions where EIA development requires marine licence, etc. for which environmental impact assessment is also required

39.—(1) This regulation applies where—

(a) a person (the “developer”) makes an application for a section 36 consent, or a section 36 variation, for development that is EIA development (or, in the case of a transitional application, EIA development within the meaning of the 2000 Regulations); and

(b) a marine licence or a variation of a marine licence is also required (in addition to the section 36 consent or the section 36 variation) for the development.

(2) If the relevant authority is satisfied that—

(a) the licensing authority has undertaken (or will undertake) under the Marine Works (Environmental Impact Assessment) Regulations 2007(1) an assessment (the “marine works assessment”) of any significant effects on the environment of the development in connection with deciding whether or not to grant or vary the marine licence;

(b) the marine works assessment is (or will be) sufficient to meet the requirements of the EIA Directive; and

(c) except where the relevant authority is also the licensing authority, the licensing authority has made (or will make) available to the relevant authority, for the purposes of determining the application, the results of the marine works assessment and any information relating to the marine works assessment that the relevant authority may reasonably require,

the relevant authority may decide that an environmental impact assessment under these Regulations does not need to be undertaken in respect of the development (or, in the case of a transitional application, that there is no need to assess the environmental effects of the development under the 2000 Regulations); and, if the relevant authority so decides, paragraphs (3) to (10) apply.

(3) The relevant authority must in writing notify the developer and, except where the relevant authority is also the licensing authority, the licensing authority of the decision.

(4) Subject to paragraphs (8) to (10), Part 2 of these Regulations (or, in the case of a transitional application, the requirements of the 2000 Regulations) cease to have effect in relation to the application.

(5) Except where the relevant authority is also the licensing authority, the relevant authority must consult the licensing authority before determining the application and must not grant the application unless it is satisfied that to do so would be compatible with the licensing authority’s measures to comply with the EIA Directive.

(6) The relevant authority must determine the application within a reasonable time after the date on which the relevant authority has all the information and evidence necessary to determine the application (including, where a public inquiry under the Electricity Act 1989 is held in relation to the application, the inspector’s report).

(7) But the relevant authority must not determine the application before the later of the following dates—

(a) the latest date given under the Electricity Act 1989, or stated in any notice published under that Act, as the date by which objections or representations may be made in relation to the application; and

(b) the date on which the marine works assessment is concluded.

(8) Except where the application is a transitional application, regulation 33 (decision notice: content) has effect in relation to the application as though that regulation had been amended—

(a) by omitting paragraph (2)(b) and substituting the following—

“(b) information about the participation of the public in the marine works assessment, including a summary of the results of the consultations undertaken and the information gathered during the marine works assessment and how these results have been incorporated or otherwise addressed in the relevant authority’s decision, in particular any comments received from an EEA state;”; and

(b) by omitting paragraph (2)(c)(i) and substituting the following—

“(i) a summary of the licensing authority’s reasoned conclusion, after completing the marine works assessment, on the significant effects of the development on the environment;”.

(9) Except where the application is a transitional application, regulation 34 (decision notice: publicity) has effect in relation to the application as though that regulation had been amended by omitting paragraph (1) and substituting the following—

“(1) The relevant authority must send a copy of the decision notice to every person to whom written confirmation of the EIA consent decision (within the meaning of the Marine Works (Environmental Impact Assessment) Regulations 2007) is required to be sent under regulation 23(1) of those Regulations.”.

(10) Where the application is a transitional application, the relevant authority must on determining the application send a statement containing the information referred to in regulation 10(3A) of the 2000 Regulations(2) (publicity of determinations and provision of information to the local planning authority) to—

(a) the developer; and

(b) every person to whom written confirmation of the EIA consent decision (within the meaning of the Marine Works (Environmental Impact Assessment) Regulations 2007) is required to be sent under regulation 23(1) of those Regulations.

(11) In this regulation—

“2000 Regulations” means the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000;

“licensing authority”, in relation a marine licence, means the person to whom an application to grant or vary the licence has been or will be made;

“marine licence” means a marine licence under Part 4 of the Marine and Coastal Access Act 2009;

“transitional application” means an application for a section 36 consent, or a section 36 variation, that must be dealt with under the 2000 Regulations (see regulation 42 (transitional provision)).

(1)

S.I. 2007/1518, amended by S.I. 2011/735, 2011/1043, 2013/755 and 2015/446.

(2)

Regulation 10(3A) was inserted by S.I. 2007/1977.