The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2017

Amendments to regulation 4 E+W

6.—(1) Regulation 4(1) (determination whether a project is a relevant project) is amended as follows.

(2) For paragraph (2) substitute—

“(2) The request shall contain—

(a) a description of the project, including in particular a description—

(i) of the physical characteristics of the whole project and, where relevant, of demolition works; and

(ii) of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(b) a description of the aspects of the environment likely to be significantly affected by the project;

(c) a description of any likely significant effects, to the extent of the information available on such effects, of the project on the environment resulting from—

(i) the expected residues and emissions and the production of waste, where relevant; and

(ii) the use of natural resources, in particular soil, land, water and biodiversity; and

(d) if the applicant elects to provide it, a description of any measure proposed to be taken to avoid or prevent any likely significant adverse effects on the environment.

(2A) When compiling the information referred to in paragraph (2), the applicant shall take into account—

(a) the selection criteria set out in Schedule 1; and

(b) the results of any relevant EU environmental assessment which are reasonably available to the applicant.”.

(3) For paragraph (4) substitute—

“(4) In determining whether a project is a relevant project the appropriate authority shall take into account—

(a) the selection criteria set out in Schedule 1; and

(b) the results of any relevant EU environmental assessment which are reasonably available to the applicant.”.

(4) For paragraph (5)(b) substitute—

“(b) where agreed in writing with the applicant, any other period of not more than 90 days beginning with—

(i) the date on which the request is received; or

(ii) where the appropriate authority has served a notice under paragraph (3), the date on which the further information is given to the appropriate authority.”.

(5) After paragraph (5) insert—

“(5A) The appropriate authority—

(a) may extend the period referred to in paragraph (5) in exceptional cases (such as where the nature, complexity, location or size of the works demands a longer period for determination); and

(b) where it does so, shall inform the applicant in writing of the reasons for the extension and of the date on which its determination under paragraph (1) is expected.”.

(6) For paragraph (9) substitute—

“(9) A determination under this regulation shall be accompanied by a written statement—

(a) of the reasons for the determination with reference to such of the selection criteria set out in Schedule 1 as are relevant; and

(b) if the determination under paragraph (1) is that the project is not a relevant project, describing any measure disclosed under paragraph (2)(d).”.

Commencement Information

I1 Reg. 6 in force at 16.5.2017, see reg. 1(1)

(1)

Regulation 4 was amended by S.I. 2013/755 (W. 90).