The Pipe-line Works (Environmental Impact Assessment) Regulations 2000

Made: 17th July 2000

Laid before Parliament: 20th July 2000

Coming into force: 1st September 2000

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred on him by that section hereby makes the following Regulations:—

Citation, commencement, application, transitional provisions and saving

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• (1) These Regulations may be cited as the Pipe-line Works (Environmental Impact Assessment) Regulations 2000 and shall come into force on 1st September 2000.

• (2) These Regulations apply to any EIA application received by the Secretary of State after the coming into force of these Regulations.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

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In these Regulations—

• “the 1962 Act" means the Pipe-lines Act 1962 ;

• “additional information” means information which—is made available to the Secretary of State—after the date on which the EIA application, accompanied by the environmental statement, is received by the Secretary of State; andbefore his decision on whether to grant a pipe-line construction authorisation pursuant to regulation 3(2) or (3) below;is of material relevance to the environmental statement; andis not further information or supplementary information;

• “applicant" means a person making an EIA application, and “prospective applicant" shall be construed accordingly;

• “appropriate particulars” means the name and address of the applicant or prospective applicant and a description of the relevant pipe-line works which—includes—the physical characteristics of the whole works, and where relevant, of demolition works;the location of the works with particular regard to the environmental sensitivity of the geographical areas likely to be affected by the works;the aspects of the environment likely to be significantly affected by the works;any likely significant effects, to the extent of the information available on such effects, of the works on the environment resulting from—the expected residues and emissions and the production of waste, where relevant; andthe use of natural resources, in particular soil, land, water and biodiversity;takes into account the matters set out in Schedule 2 (matters to be taken into account in making an environmental determination etc.) and, where relevant, the results of other assessments of the effects on the environment carried out pursuant to assimilated law other than any law that implemented the Directive; andmay also include any features of the relevant pipe-line works or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment;

• “business day" means any day except a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971 ;

• “construction", in relation to a pipe-line, includes placing, and cognate expressions shall be construed accordingly;

• “the consultation bodies", in relation to relevant pipe-line works, means—the relevant planning authority;in the case of relevant pipe-line works in England, the Countryside Agency , the Nature Conservancy Council for England and the Environment Agency ;in the case of relevant pipe-line works in Scotland, Scottish Natural Heritage and the Scottish Environment Protection Agency ;in the case of relevant pipe-line works in Wales, the Natural Resources Body for Wales; and any other body designated by statutory provision as having specific environmental responsibilities which the Secretary of State considers is likely to have an interest in the pipe-line works in question;

• “contravention" includes a failure to comply;

• “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment;

• “EEA State” means a member State, Norway, Iceland or Liechtenstein;

• “EIA application" means an application for a pipe-line construction authorisation in respect of relevant pipe-line works;

• “effect" includes, except where the context otherwise requires, any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect;

• “environmental impact assessment” shall be interpreted in accordance with regulation 2A;

• “environmental statement” has the meaning set out in regulation 2B;

• “further information” is to be construed in accordance with regulation 8(1);

• “the Gazette" has the same meaning as in paragraph 3(2) of the First Schedule to the 1962 Act;

• “in", in a context referring to a pipe-line or works or operations in land, includes a reference to a pipe-line, works or operations under, over, across, along or upon it;

• “local planning authority" means an authority which is a local planning authority for the purposes of the Town and Country Planning Act 1990 ;

• “notice" means notice in writing and cognate expressions shall be construed accordingly;

• “pipe-line" means a pipe-line within the meaning of section 65 of the 1962 Act the purpose of which is the conveyance of oil, gas or chemicals;

• “pipe-line construction authorisation" means an authorisation for the construction of a cross-country pipe-line granted under section 1(1) of the 1962 Act;

• “pipe-line works" means the carrying out of building, engineering or other operations in land for the construction of a pipe-line;

• “planning authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

• “public notice period" means, in relation to an application for a pipe-line construction authorisation, the period stated in the notices required to be published by the applicant under paragraph 3 of the First Schedule to the 1962 Act within which objections to the application can be sent to the Secretary of State;

• “public website” means a website accessible to the public where the public can view and download information placed on it.

• “relevant planning authority" means, in the case of relevant pipe-line works, each local planning authority or planning authority within whose area any of the works are proposed to be carried out;

• “relevant pipe-line works” means pipe-line works to which section 1(1) of the 1962 Act applies in respect of—any pipe-line which is intended to convey oil or gas; any pipe-line which is intended to convey carbon dioxide streams for the purposes of geological storage, including associated booster stations; any pipe-line exceeding 40 kilometres in length and 800 millimetres in diameter which is intended to convey chemicals; orany extension to a pipe-line which would in itself fall within sub-paragraph (b) above; and

• “supplementary information” means information which is—provided to the Secretary of State by the applicant in order to supplement the environmental statement; andsubmitted to the Secretary of State no later than 14 days after the date of receipt by the Secretary of State of the environmental statement.

Grant of pipe-line construction authorisation by Secretary of State in respect of relevant pipe-line works

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• (1) The Secretary of State shall not grant a pipe-line construction authorisation in respect of relevant pipe-line works unless—

• (a) the applicant submits to the Secretary of State an environmental statement in respect of the relevant pipe-line works in question; or

• (b) the EIA application in question is the subject of a direction given under regulation 4 below.

• (1A) Where in relation to relevant pipe-line works there is, in addition to a requirement for an environmental statement to be submitted in accordance with these Regulations, also a requirement to carry out a Habitats Regulations Assessment, the Secretary of State shall where appropriate ensure that the preparation of the assessment and the environmental statement are coordinated.

• (2) Where an environmental statement is submitted to the Secretary of State in connection with an EIA application, the Secretary of State—

• (a) being satisfied that the requirements of regulations 7 to 8A, as appropriate, have been substantially complied with;

• (b) having taken into consideration—

• (i) the environmental statement and any supplementary information, ensuring that, where necessary, advice has been obtained by persons with appropriate expert knowledge who have examined the statement;

• (ii) any further information or additional information;

• (iii) any representations in respect of the relevant pipe-line works made by any person to whom a copy of the environmental statement was required to be sent pursuant to these Regulations; and

• (iv) any opinions of the public; and

• (c) having reached a reasoned conclusion on the significant effects of the relevant pipe-line works on the environment taking into account the information, representations and opinions referred to in sub-paragraph (b),

shall, subject to paragraph (3), integrate that conclusion into the decision as to whether or not to grant a pipe-line construction authorisation in respect of the works.

• (2A) If the decision in paragraph (2) is to grant the pipe-line construction authorisation, the decision shall set out—

• (a) any environmental conditions attached to the consent; and

• (b) a description of any features of the relevant pipe-line works or measure envisaged to avoid, reduce or prevent and if possible offset any significant adverse effect on the environment; and

• (c) any measures to monitor conditions imposed to avoid, prevent, or reduce and, if possible, offset significant adverse effects on the environment (“a monitoring condition”).

• (2B) If the decision in paragraph (2) is to refuse the pipe-line construction authorisation, the decision shall state the main reasons for the refusal.

• (2C) The reasoned conclusion referred to in paragraph (2)(c) shall be up to date at the time that the decision to grant the pipe-line construction authorisation is made but that conclusion shall be take to be up to date if, in the opinion of the Secretary of State it continues to address the significant effects that are likely to arise as a result of the relevant pipe-line works.

• (2D) When considering whether to impose a monitoring condition under paragraph (2A)(c), the Secretary of State shall—

• (a) consider whether to make provision for potential remedial action;

• (b) consider whether there are appropriate existing monitoring arrangements under any law of any part of the United Kingdom, other than any law which implemented the Directive, to make the imposition of a monitoring condition unnecessary; and

• (c) take steps to ensure that the type of parameters to be monitored and the duration of the monitoring are proportionate to the nature, location and size of the relevant pipe-line works and the significance of their effects on the environment.

• (2E) The decision of the Secretary of State referred to in paragraph (2) shall be taken within a reasonable period of time, taking into account the nature and complexity of the relevant pipe-line works, from the date on which the Secretary of State has been provided with the information referred to in paragraph (2)(b).

• (3) In any case where an EEA State has requested as described in regulation 10(2) below to participate in the procedure under these Regulations in relation to an EIA application, the Secretary of State shall not grant a pipe-line construction authorisation for the relevant pipe-line works the subject of that application unless he—

• (a) is satisfied that the requirements of regulation 10(1) and (2) below have been complied with;

• (b) has communicated to that EEA State the response that he proposes to make to the EIA application in question (including information as to any measures envisaged to reduce or eliminate any possible significant effects of the relevant pipe-line works concerned on the environment of the ... EEA State);

• (c) is satisfied that—

• (i) the EEA State concerned has been consulted regarding the relevant pipe-line works for such reasonable period as may have been agreed with such EEA State pursuant to regulation 10(2)(b) below and in particular that it has been afforded a reasonable opportunity to make representations regarding the relevant pipe-line works and the proposed response referred to in sub-paragraph (b) above; and

• (ii) an opportunity has been afforded to the public in that EEA State and to those authorities which by reason of their particular environmental responsibilities in that EEA State are likely to be interested in the relevant pipe-line works to forward to the Secretary of State within a reasonable time (in respect of the public, at least 30 days) representations regarding the documents and information referred to in regulation 10(1) and (2)(a) below; and

• (d) has taken into consideration any representations made by the EEA State, members of the public and authorities in that EEA State and any information regarding the relevant pipe-line works supplied by any of them.

• (4) In any case where an environmental statement is submitted to the Secretary of State in connection with an EIA application, the Secretary of State shall promptly—

• (a) notify the applicant, the consultation bodies specified in the notice given pursuant to regulation 7(2) below, and any EEA State which has been sent a copy of the environmental statement pursuant to regulation 10 below, of his decision in relation to the EIA application; and

• (b) provide to such persons together with the notification mentioned in sub-paragraph(a) above, a statement setting out—

• (i) the content of the decision and, where applicable, any conditions to which the carrying out of the relevant pipe-line works is to be subject;

• (ii) a summary of the main concerns and opinions expressed by the persons affected or likely to be affected by, or having an interest in, the decision including where regulation 10 (projects affecting ... EEA states) applies, any representations made by an EEA State affected by the relevant pipe-line works, the public concerned or authorities in that state;

• (iii) the main reasons and considerations upon which the decision is based;

• (iv) a description, where necessary, of the main measures required to be taken to avoid, reduce and, if possible, offset the major adverse effects of the relevant pipe-line works , including any monitoring conditions; and

• (v) an explanation of the right of a person aggrieved by a decision of the Secretary of State to make an application pursuant to regulation 12 below.

• (5) No later than 14 days after the date of the notification given pursuant to paragraph (4)(a) above, the applicant shall inform the public of the decision by publishing a notice containing the information specified in paragraph (5A) below—

• (a) in the Gazette; and

• (b) in one or more local newspapers circulating in each area in which the relevant pipe-line works would be carried out.

• (c) on a public website.

• (5A) A notice published under paragraph (5) shall—

• (a) set out—

• (i) the contents of the decision;

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

• (iii) a summary of all representations made to the Secretary of State by any person in respect of the relevant pipe-line works including where regulation 10 (projects affecting ... EEA states) applies, any representations made by an EEA State affected by the relevant pipe-line works, the public concerned or authorities in that state, together with details of how those representations were taken into account; and

• (b) specify where details of these matters may be obtained, including the address of the public website on which a copy of the notice is published.

• (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The applicant shall provide the Secretary of State with copies of each of the newspapers and the Gazette in which the notices referred to in paragraph (5) above appeared in each case no later than 7 days after the date of publication of those newspapers or the Gazette and also the address of the public website on which the notice was published in accordance with paragraph (5).

• (7) In this regulation, “a Habitats Regulations Assessment” means an assessment under regulation 63 of the Conservation of Habitats and Species Regulations 2017 in respect of the relevant pipe-line works.

Directions that no environmental statement need be prepared

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• (1) Where—

• (a) no direction under paragraph (1A) is in force in respect of the relevant pipe-line works and a prospective applicant makes an application containing the appropriate particulars in respect of those works to the Secretary of State for the exercise the power conferred on the Secretary of State by sub-paragraph (b); and

• (b) the Secretary of State is satisfied that either—

• (i) the carrying out of the relevant pipe-line works described in that application; or

• (ii) the carrying out of the relevant pipe-line works as modified or carried out in a particular way or carried out at a particular time,

is not likely to have a significant effect on the environment, he may, subject to paragraph (4) below, give a direction that any EIA application made while the direction remains in force in respect of those relevant pipe-line works or those relevant pipe-line works as modified or to be carried out in the manner or at the time specified in the direction need not be accompanied by an environmental statement.

• (1A) If the Secretary of State considers that a relevant pipe-line works is highly likely to have a significant effect on the environment given the environmental sensitivity of the location of the works, the Secretary of State may direct that no application may be made under paragraph (1) in respect of those works and that an environmental statement shall be required before the Secretary of State can agree to the grant of a pipe-line construction authorisation in respect of those works.