The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019

Amendment of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

5.—(1) The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(1) are amended as follows.

(2) In rule 4 (interpretation and notices), after paragraph (4) insert—

“(5) For the purposes of these Rules, references to Annex III of the Directive are to be read as if—

(a) in point 2(c)(v), the reference to Member States were a reference to the Secretary of State;

(b) in point 2(c)(vi), the reference to Union legislation were a reference to retained EU law.”.

(3) In rule 7 (the requirement for environmental statement and screening decisions)—

(a) in paragraphs (5) and (11)(b)—

(i) for “European Union legislation” substitute “retained EU law”;

(ii) for “implementing” substitute “which implemented”;

(b) in paragraph (10) omit “for the purposes of the Directive”;

(c) in paragraph (11)(c) before “are relevant” insert “the Secretary of State determines”;

(d) in paragraph (14) before “in Annex III” insert “set out”.

(4) In rule 7A(2)(b) (environmental impact assessment) after “protected under” insert “any law of any part of the United Kingdom which implemented”.

(5) In rule 11(2)(c) (environmental statements: provision of information) for “European Union legislation” substitute “retained EU law”.

(6) In rule 16 (developments likely to have significant effects on the environment of another part of the United Kingdom or certain other states)—

(a) in paragraphs (1)(b), (1)(c) and (4) for “another” substitute “a”;

(b) in paragraph 7(a) for “the authorities referred to in Article 6(1) of the Directive” substitute “any authority which the Member State has indicated it wishes to be consulted by reason of the authority’s specific environmental responsibilities or local or regional competencies”;

(c) in paragraph (7)(d) omit “other”.

(7) In Schedule 1 (information to be included in environmental statements)—

(a) in paragraph 5(2) for the second sentence substitute—

“This description should take into account the environmental protection objectives which are relevant to the project.”;

(b) in paragraph 8—

(i) for “European Union legislation such as” substitute “retained EU law such as any law of any part of the United Kingdom which implemented”;

(ii) before “domestic legislation” insert “other”;

(iii) after “requirements of” insert “any law of any part of the United Kingdom which implemented”.

(8) In Schedule 7 (proposals for orders under section 7)—

(a) in paragraph 3 for “within the meaning of the Directive,” substitute “(as defined in Article 1(2)(a) of the Directive)”;

(b) in paragraph 7(b)—

(i) for “European Union legislation” substitute “retained EU law”;

(ii) for “implementing” substitute “which implemented”;

(c) in paragraph 30, in sub-paragraphs (1)(a), (1)(b) and (2)(c), for “another” substitute “a”.

(1)

S.I. 2006/1466, as amended by S.I. 2008/969, S.I. 2010/439, S.I. 2010/1551, S.I. 2011/556, S.I. 2011/1829, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/1659, S.I. 2012/2590, S.I. 2013/755, S.I. 2013/1888, S.I. 2014/469, S.I. 2015/627, S.I. 2015/1682 and S.I. 2017/1070.