United Kingdom Statutory Instruments

(a) one to which paragraph (2) or (2A) below applies;

(b) accompanied by an environmental statement in respect of that project; or

(c) the subject of a direction given under regulation 6 below (provision as to directions that no environmental statement need be prepared).";

(b) for paragraph (2) substitute—

(a) no part of the pipe-line to be constructed or augmented would extend more than 500 metres from a well or any part of a fixed installation to which that pipe-line would be directly or indirectly attached; and

(b) the Secretary of State has decided that having regard to the matters set out in Schedule 1 to these Regulations the operation in respect of which consent is sought would not be likely to have a significant effect on the environment and that accordingly no environmental statement need be prepared in respect of the relevant project in question.";

(c) before paragraph (3), insert—

(a) in the Gazettes; and

(b) by any other means he considers appropriate (which may include an electronic communication).";

(f) before paragraph (9), insert—

(a) set out—


(i) the contents of the decision and any conditions attached to the decision;

(ii) the main reasons and considerations on which the decision is based;

(iii) a summary of any representations made to the Secretary of State by third parties in respect of the project in question, together with details of how those representations were taken into account; and

(iv) a description, where necessary, of the main measures required to be taken to avoid, reduce and, if possible, offset major adverse effects on the environment; or



(b) specify where details of the matters referred to in paragraph (a) above may be obtained.";

(g) in paragraph (9), for "paragraph (8)(a)" substitute "paragraph (8A)(a)";

(h) for paragraph (10) substitute—

(a) in the Gazettes; and

(b) by any other means he considers appropriate (which may include an electronic communication)."; and

(i) omit paragraph (11).

(a) the Secretary of State is satisfied that if such consents were granted anything that might be done pursuant to them would not give rise to substantially different effects from, or significantly greater effects than, those mentioned in the environmental statement originally prepared in respect of the relevant project; and

(b) any such consents, if granted, would not otherwise fall within any of sub-paragraphs (a) to (d) of paragraph (5) below.";

(c) before paragraph (6), insert—

(a) the getting of more than 500 tonnes of oil per day, or 500,000 cubic metres of gas per day otherwise than in the course of the drilling or testing of any well;

(b) the erection of any structure in relation to a relevant project comprising a development which the Secretary of State is not satisfied would be likely to produce 500 tonnes or less of oil per day or 500,000 cubic metres or less of gas per day; or

(c) the execution of works for the construction of a pipe-line of 40 kilometres or more in length and a diameter of 800 millimetres or more (regardless of whether that pipe-line forms an integral part of a development).";

(d) for paragraph (6) substitute—

" (f) publish a notice which—


(i) describes the application and states that it is accompanied by an environmental statement;

(ii) states that the project is subject to an environmental impact assessment procedure and, where relevant, the fact that regulation 12 applies;

(iii) gives the address referred to in sub-paragraph (c) above at which a copy of the application for consent and environmental statement may be inspected;

(iv) states the nature of possible decisions in response to the application;

(v) sets out the arrangements made for consulting the public pursuant to this regulation;

(vi) states that a copy of the environmental statement may be obtained from the address referred to in sub-paragraph (d) above and, subject to paragraph (4) below, specifies the amount of any payment required to be tendered for the statement;

(vii) states a date not less than 4 weeks after the date on which the notice is last published pursuant to paragraph (2A) below by which any person may make representations in relation to the application in question to the Secretary of State, and specifies the address to which any such representations are to be sent; and

(viii) provides an explanation of the right of a person aggrieved by a decision of the Secretary of State to make an application pursuant to regulation 16 below."; and

(c) before paragraph (3), insert—

(a) on such occasions as to be likely to come to the attention of those likely to be interested in, or affected by, the relevant project; and

(b) in such newspapers and by such other means (which may include an electronic communication) as the Secretary of State may direct.".

" because that information relates to the main effects the project is likely to have on the environment, or where other information becomes available to the Secretary of State after the date on which the application was made which in the Secretary of State's opinion is of material relevance to his decision as to whether to grant consent".

(a) in the Gazettes; and

(b) by any other means he considers appropriate (which may include an electronic communication)."; and

(b) before paragraph (10), insert—

(a) any decision regarding the approval pursuant to a licence of a project which entails the carrying out of a relevant project in respect of which an environmental statement was submitted to the Secretary of State;

(b) particulars of the exercise by the Secretary of State of any powers pursuant to a licence requiring the carrying out of a relevant project in respect of which an environmental statement was submitted to the Secretary of State; or

(c) any decision that an environmental statement is not to be required in connection with the giving of an approval or the imposition of a relevant requirement.".

(a) enter into consultations with that EEA State regarding, inter alia, the potential significant effects of the proposed project on the environment of the transboundary area and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with that EEA State a reasonable period, before development consent for the project is granted, during which members of the public in the United Kingdom may submit to the competent authority in that EEA State representations pursuant to Article 7(3)(b) of the Directive.

    (2) The Secretary of State shall also—

(a) arrange for the information referred to in paragraph (1) above to be made available, within a reasonable time, both to the environmental authorities in the United Kingdom which he considers are likely to be concerned by the project by reason of their particular environmental responsibilities, and to the public concerned;

(b) ensure that those authorities and the public concerned in the United Kingdom are given an opportunity, before development consent for the project is granted, to forward to the competent authority in the EEA State referred to in paragraph (1) above, within a reasonable time, their opinion on the information supplied; and

(c) so far as he has received such information, notify those authorities and the public concerned of the content of any decision of the competent authority of that EEA State, and in particular—


(i) any conditions attached to it;

(ii) the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public; and

(iii) a description of the main measures to avoid, reduce and, if possible, offset any major adverse effects that have been identified.".

" (b) require that all information relating to the main effects the project is likely to have on the environment collected pursuant to sub-paragraph (a) above is to be made available to the public and specify the manner in which it is to be made available;"; and

(b) for paragraph (5) substitute—

(a) in the Gazettes; and

(b) by any other means he considers appropriate (which may include an electronic communication).".

(i) for "regulation 4(1)" substitute “regulation 5(1); and

(ii) for "regulation 5(2)(b)" substitute "regulation 5(4)(b)"; and

(b) in paragraph (2), for "regulation 9(5)" substitute "regulation 11(6)".