The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

• (a) the construction and existence of the works, including, where relevant, demolition works;

• (b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

• (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

• (d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

• (e) the cumulation of effects with other existing or approved pipe-line works, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

• (f) the impact of the works on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the works to climate change;

• (g) the technologies and the substances used, and

these descriptions of the likely significant effects on the factors set out in regulation 2A(2)(a) must cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the works and should take into account environmental protection objectives established at EU or at national level relevant to the works.

SCHEDULE 2 — MATTERS TO BE TAKEN INTO ACCOUNT IN MAKING AN ENVIRONMENTAL DETERMINATION OR GIVING A DIRECTION UNDER REGULATION 3(3)

Characteristics of proposed pipe-line works

1

The characteristics of the proposed pipe-line works having regard, in particular, to—

• (a) the size and design of the proposed pipe-line works and of the proposed pipe-line;

• (b) the cumulation with other existing or approved pipe-line works;

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

• (d) the production of waste, pollution and nuisances;

• (e) the risk of major accidents or disasters which are relevant to the proposed pipe-line works or to the proposed pipe-line, including those caused by climate change, in accordance with scientific knowledge; and

• (f) the risks to human health (for example, due to water contamination or air pollution).

Location of proposed pipe-line works

2

The environmental sensitivity of geographical areas likely to be affected by the proposed pipe-line works, having regard, in particular, to—

• (a) the existing and approved land use;

• (b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

• (c) the absorption capacity of the natural environment, paying particular attention to the following areas—

• (i) wetlands, riparian areas, river mouths;

• (ii) coastal zones and the marine environment;

• (iii) mountain and forest areas;

• (iv) nature reserves and parks;

• (v) areas classified or protected under national legislation or Natura 2000 as defined in regulation 3(1) of the Conservation of Habitats and Species Regulations 2017;

• (vi) areas in which there has already been a failure to meet the environmental quality standards laid down in assimilated law and relevant to the works or in which it is considered that there is such a failure;

• (vii) densely populated areas; and

• (viii) landscapes and sites of historical, cultural or archaeological significance.

Characteristics of the potential impact

3

The likely significant effects of the proposed pipe-line works on the environment in relation to the criteria set out under paragraphs 1 and 2, and having regard in particular to the impact of the works on the factors specified in regulation 2A(2)(a), taking into account—

• (a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

• (b) the nature of the impact;

• (c) the transboundary nature of the impact;

• (d) the intensity and complexity of the impact;

• (e) the probability of the impact;

• (f) the expected onset, duration, frequency and reversibility of the impact;

• (g) the cumulation of the impact with the impact of other existing or approved pipe-line works; and

• (h) the possibility of effectively reducing the impact.

SCHEDULE 3 — DESCRIPTIONS OF PIPE-LINE WORKS FOR THE PURPOSES OF REGULATION 3 (ENVIRONMENTAL STATEMENTS)

PART 1 — DESCRIPTIONS OF PIPE-LINE WORKS IN RESPECT OF WHICH AN ENVIRONMENTAL STATEMENT IS REQUIRED

Pipe-line works in respect of—

• (a) a pipe-line with a diameter of more than 800 millimetres and a length of more than 40 kilometres; or

• (b) an extension to a pipe-line which in itself meets the thresholds set out in (a) above.

PART 2 — DESCRIPTIONS OF PIPE-LINE WORKS IN RESPECT OF WHICH AN ENVIRONMENTAL STATEMENT MAY BE REQUIRED

Pipe-line works (other than works of the kind described in Part 1 above) in respect of a pipe-line–

• (a) the whole or any part of which, or the whole or any part of any working width for which, will be within a sensitive area; or

• (b) which will have a design operating pressure exceeding 7 bar gauge.

Signed

John Battle — Minister for Energy and Industry, — Department of Trade and Industry — 12th June 1999

Explanatory note

(This note is not part of the Regulations)

These Regulations, which do not apply to Northern Ireland, implement Council Directive 85/337/EEC (O.J. No. L175, 05.7.85, p. 40) as amended by Council Directive 97/11/EC (O.J. No. L73, 3.3.97, p. 5) on the assessment of the effects of certain public and private projects on the environment insofar as it relates to proposed pipe-line works by a public gas transporter. In the Regulations, the expression “public gas transporter” means the holder of a licence under section 7(1) of the Gas Act 1986 (c. 44) authorised to convey gas through pipes (regulation 2(1)).

Directive 85/337/EEC in its unamended form applies to the European Economic Area (“EEA”) (see Article 74 of, and paragraph 1 of Annex XX to the Agreement on the European Economic Area (Cm 2073) as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cm 2183)—the Annexes to the Agreement have from time to time been amended by the EEA Joint Committee established under Article 92) with the result that there is only a requirement to provide a member of the EEA which is not a member of the European Union with information in respect of projects likely to have significant trans-boundary effects. Member States (of the European Union), however, are given rights to participate in the decision making process (regulation 13).

The Regulations require a public gas transporter proposing to undertake pipe-line works which meet criteria specified in Part 1 of Schedule 3 to submit an environmental statement in relation to those works and apply to the Secretary of State for consent to carrying them out (regulation 3(1) and (5)). (An environmental statement is a document or documents setting out the main features of the project in question and the likely environmental consequences of that project).

Where the proposed works instead meet criteria specified in Part 2 of Schedule 3, the public gas transporter must before commencing construction either–

• (a) obtain from the Secretary of State a determination as to whether the proposed works should be made the subject of an environmental statement by reason of the fact that they would be likely to have significant effects on the environment by virtue of factors such as their nature, size or location, or

• (b) give notice that he intends in any event to produce an environmental statement in respect of the pipe-line works (regulation 3(2)).

The matters to be covered by an environmental statement are specified in regulation 2(1) and Schedule 1.

In addition, where it appears to the Secretary of State that any pipe-line works falling outside the specified criteria would nevertheless be likely to have significant effects on the environment he is required to direct a public gas transporter to produce an environmental statement (regulation 3(3)). In any case where the Secretary of State has made a determination that an environmental statement is required, or has given a direction to that effect or the public gas transporter has given notice that he will provide an environmental statement, the consent of the Secretary of State is required before the works can be carried out (regulation 3(5)).

The Regulations set out the procedure to be followed by the Secretary of State in determining at the request of a public gas transporter whether an environmental statement is required (regulation 6), including a requirement for the Secretary of State to consult the relevant planning authorities.

Provision is made requiring the Secretary of State, when so requested, to give a preliminary opinion to a public gas transporter as to the information to be included in an environmental statement which the transporter is to submit (regulation 7). The Secretary of State is required to consult certain public bodies (defined in regulation 2(1) as “the consultation bodies”) and the public gas transporter before giving an opinion.

Provision is made for copies of determinations and directions by the Secretary of State as to the need for an environmental statement to be made available to the public by local planning authorities (regulation 8).

Provision is made to enable persons proposing to carry out pipe-line works to obtain information from the consultation bodies to assist in the preparation of environmental statements (regulation 9).

The Regulations also lay down requirements for publicity for and public consultation on the environmental statement and the application for consent (regulation 10), after which the Secretary of State may give a consent to the carrying out of the pipe-line works, with or without conditions, if he judges it appropriate (regulation 14). The Secretary of State must be satisfied before granting a consent that the requirements of the Regulations as to publicity and consultation have been substantially complied with and must consider the representations of the consultation bodies and the public. Provision is also made for consent decisions by the Secretary of State to be made public.

Power is conferred on the Secretary of State to require persons proposing to carry out pipe-line works to provide further information in relation to environmental statements submitted to him and for such information to be subject to publication requirements similar to those laid down by regulation 10 (regulation 11).

Provision is made for other member States to participate in the decision making process in relation to pipe-line works likely to have a significant effect on their environment (regulation 13).

Provision is made by the Regulations for the making of applications to the court by persons challenging certain decisions of the Secretary of State. Subject to certain exceptions, provision is also made for the Secretary of State to make applications to the court to seek remedies in respect of the carrying out of pipe-line works without a consent granted in accordance with these Regulations or in breach of any conditions attached to such a consent (regulations 15, 16 and 17).

Provision is made creating offences in respect of the intentional or reckless submission of false or misleading information pursuant to the Regulations and subject to certain exceptions, the carrying out of pipe-line works without a consent granted pursuant to the Regulations or in breach of any conditions attached to such a consent (regulation 18).

Provision is made in relation to the service of notices and other documents pursuant to the Regulations (regulation 19).

Finally, regulations 4 and 5 deal with the interaction between these Regulations and the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293) and the Environmental Assessment (Scotland) Regulations 1988 (S.I. 1988/1221) in cases where planning permission is required in respect of proposed pipe-line works by virtue of directions given under article 4 of the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) or, in Scotland, article 4 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (S.I. 1992/223).

A regulatory impact assessment is available from Oil and Gas Directorate, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET (Tel: 0171 215 5151).

Command Paper 9424 (the UNESCO Convention referred to in paragraph (f) of the definition of “sensitive area” in regulation 2(1)) is out of print but photocopies of the document can be obtained by HMSO from the British Lending Library Division (BLLD). Customers, unless already registered with BLLD, should order via HMSO (Photocopies), PO Box 276, London SW8 5DT, enclosing £5.50 per complete copy required.

Footnotes

Editorial notes