These Regulations do not extend to the Scottish inshore region, except in respect of activities and operations for which a licence is required under Part 2 of the 1985 Act.

Interpretation

Proposed activity which would otherwise be a regulated activity

Fees

Determination: Schedule A1 projects

Determination: Schedule A2 projects

Projects in response to a civil emergency

9A

(1) The appropriate authority may direct that an environmental impact assessment is not required in relation to a regulated activity where—

(a) the project in relation to which the regulated activity is being carried out has the response to a civil emergency as its sole purpose; and

(b) the appropriate authority considers that an environmental impact assessment in relation to the regulated activity would have an adverse effect on the fulfilment of that purpose.

(2) Before making any such direction, the appropriate authority must notify—

(a) where the appropriate authority is not also the regulator, the regulator;

(b) where the appropriate authority is the Marine Management Organisation or the Natural Resources Body for Wales, the Secretary of State, or the appropriate devolved authority; and

Exceptions

Further provisions in relation to Article 2(4) of the EIA Directive

Screening opinions

Co-ordination

15A

Where, in respect of a regulated activity, there is a requirement to carry out—

(a) an environmental impact assessment; and

(b) an assessment under any law of any part of the United Kingdom that implemented the Habitats Directive or the Wild Birds Directive,

the appropriate authority must, where appropriate, ensure that the assessments are co-ordinated.

Publicity

Consultation on proposed regulated activity

Provision of information to affected EEA States

Provision of information to other EEA States

Consultation of EEA States

Projects in another EEA State likely to have significant transboundary effects

20A

(1) Where an appropriate authority receives from an EEA State ... information which that EEA State has gathered in respect of a proposed project in that EEA State which is likely to have significant effects on the environment in the relevant UK area, the appropriate authority must ...—

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

(b) determine in agreement with that EEA State a reasonable period, before EIA consent for the project is granted, during which members of the public may submit to the competent authority in that EEA State representations ....

(2) The appropriate authority must also—

(a) arrange for the information referred to in paragraph (1) to be made available within a reasonable time, and for a period of no fewer than 30 days, to the authorities which are likely to be concerned by the project by reason of their specific environmental responsibilities and to the public concerned;

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

(c) make available to the public concerned any information received from the competent authority of the relevant EEA State ....

(3) In paragraph (1), the “relevant UK area” means the United Kingdom and the UK marine area but does not include the Scottish inshore region, except in respect of activities and operations in that region for which a licence is required under Part 2 of the 1985 Act.

Consideration of representations from the public

Conclusion about environmental impact

21A

(1) The appropriate authority must consider (ensuring that in doing so it has or has access to any expertise it considers necessary)—

(a) the environmental statement;

(b) any further information provided by the applicant pursuant to a notification under regulation 14(1);

(c) the outcome of the process set out in Schedule 5 in relation to any representations received pursuant to the statement referred to in regulation 16(2)(g);

(d) any representations in response to consultation made by the consultation bodies pursuant to the letter referred to in regulation 17(1)(a)(iv);

(e) the outcome of any consultation of the authorities of ... EEA States carried out in accordance with regulation 20; and

(f) any features of the project in relation to the regulated activity being carried out, or measures which the applicant proposes to take, which would have the effect of avoiding, preventing, reducing or offsetting any likely significant adverse environmental effects of the regulated activity.

(2) Following the consideration required by paragraph (1), the appropriate authority must reach a conclusion about the likely significant effects of the project (including the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters) on—

(a) population and human health;

(b) biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom that implemented the Habitats Directive and the Wild Birds Directive;

(d) material assets, cultural heritage and the landscape; and

(e) the interaction between the factors referred to in sub-paragraphs (a) to (d).

Notification and publication of regulatory decisions

24ZA

(1) The regulator must, as soon as reasonably possible, send a copy of its regulatory decision to--

(a) the applicant;

(b) if the regulator is not also the appropriate authority, the appropriate authority;

(c) any person from whom the appropriate authority received representations pursuant to the statement referred to in regulation 16(2)(g);

(d) any consultation body that responded to the consultation pursuant to the letter referred to in regulation 17(1)(a)(iv); and

(e) the authorities of any EEA State who were consulted in accordance with regulation 20.

(2) The regulator must, as soon as possible after its decision is sent to the applicant pursuant to paragraph (1), ensure that—

(a) notice of that decision is published—

(i) on the regulator’s website;

(ii) in any newspapers or other publications where the application was published under regulation 16(1)(b)(i); and

(iii) in such other manner as it considers appropriate; and

(b) it promptly makes a written copy of the regulatory decision available for public inspection.

(3) In paragraph (2)(b), “public inspection” means:

(a) in the case of an activity requiring regulatory approval under the 1985 Act or the 2009 Act, inspection on the relevant Public Register; and

(b) in the case of other regulated activities, inspection at the address nominated under regulation 16(2)(e).

(4) The notice in paragraph (2)(a) above must state—

(a) that the regulator has made available for public inspection the written copy of the regulatory decision; and

(b) the times at which the relevant Public Register or the information at the address nominated under regulation 16(2)(e) may be inspected.

Fees in relation to the assessment etc. of the results of monitoring measures

Review

31

(1) The Secretary of State must, from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 16th May 2022.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the EIA Directive is implemented in other member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

SCHEDULEA1 — Descriptions of projects that are Schedule A1 Projects

1

Crude‑oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

2

Thermal power stations and other combustion installations with a heat output of 300 megawatts or more.

3

Nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors (except research installations for the production and conversion of fissionable and fertile material, whose maximum power does not exceed 1 kilowatt continuous thermal load).

4

Installations for the reprocessing of irradiated nuclear fuel.

5

Installations designed—

(a) for the production or enrichment of nuclear fuel;

(b) for the processing of irradiated nuclear fuel or high‑level radioactive waste;

(d) solely for the final disposal of radioactive waste;

(e) solely for the storage (planned for more than ten years) of irradiated nuclear fuels or radioactive waste in a different site from the production site.

6

Integrated works for the initial smelting of cast‑iron and steel.

7

Installations for the production of non‑ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

8

Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos—

(a) for asbestos‑cement products, with an annual production of more than 20,000 tonnes of finished products;

(b) for friction material, with an annual production of more than 50 tonnes of finished products; and

9

Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are—

(a) for the production of basic organic chemicals;

(b) for the production of basic inorganic chemicals;

(d) for the production of basic plant health products and of biocides;

(e) for the production of basic pharmaceutical products using a chemical or biological process;

(f) for the production of explosives.

10

Construction of lines for long‑distance railway traffic and of airports with a basic runway length of 2,100 metres or more.

11

Construction of motorways and express roads.

12

Construction of a new road of four or more lanes, or realignment or widening of an existing road of two lanes or less, so as to provide four or more lanes, where such new road, or realigned or widened section of road, would be 10 kilometres or more in a continuous length.

13

Inland waterways and ports for inland‑waterway traffic which permit the passage of vessels of over 1,350 tonnes.

14

Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

15

Waste disposal installations for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council on waste[^f00028], as last amended by Directive (EU) 2018/851, under heading D9), or landfill of hazardous waste as defined in Article 3(2) of that Directive.

16

Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9) of non‑hazardous waste with a capacity exceeding 100 tonnes per day.

17

Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

18

Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year.

19

In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi‑annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

20

Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2(6) of Council Directive 91/271/EEC of the European Parliament and of the Council concerning urban waste-water treatment[^f00029].

21

Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

22

Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

23

Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres for the transport of—

(a) gas, oil or chemicals;

(b) carbon dioxide streams for the purposes of geological storage, including associated booster stations.

24

Installations for the intensive rearing of poultry or pigs with more than—

(a) 85,000 places for broilers or 60,000 places for hens;

(b) 3,000 places for production pigs (over 30 kg); or

25

Industrial plants for—

(a) the production of pulp from timber or similar fibrous materials;

(b) the production of paper and board with a production capacity exceeding 200 tonnes per day.

26

Quarries and open‑cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

27

Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km.

28

Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.

29

Storage sites pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide.

30

Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented Directive 2009/31/EC from installations referred to in this Schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more

31

Any change to or extension of project specified in this Schedule where such a change or extension in itself meets the thresholds, if any, or description of development set out in this Schedule.

32

In this Schedule—

“airport” means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14);

“express road” means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15th November 1975; and

“nuclear power station” and “other nuclear reactor” do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor is to be treated as development of the description mentioned in paragraph 3 of this Schedule.

SCHEDULE A2 — Descriptions of projects that are Schedule A2 projects

Agriculture, silviculture and aquaculture

1

Projects for the restructuring of rural land holdings.

2

Projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes.

3

Water management projects for agriculture, including irrigation and land drainage projects.

4

Initial afforestation and deforestation for the purposes of conversion to another type of land use.

5

Intensive livestock installations (unless included in Schedule A1).

6

Intensive fish farming.

7

Reclamation of land from the sea.

Extractive industry

8

Quarries, open cast mining and peat extraction (unless included in Schedule A1).

9

Underground mining.

10

Extraction of minerals by fluvial or marine dredging;

11

Deep drillings, in particular—

(a) geothermal drilling;

(b) drilling for the storage of nuclear waste material;

12

Surface industrial installations for the extraction of coal, petroleum, natural gas and ores, as well as bituminous shale.

Energy

13

Industrial installations for the production of electricity, steam and hot water (unless included in Schedule A1).

14

Industrial installations for carrying gas, steam and hot water and transmission of electrical energy by overhead cables (unless included in Schedule A1).

15

Surface storage of natural gas.

16

Underground storage of combustible gases.

17

Surface storage of fossil fuels.

18

Industrial briquetting of coal and lignite.

19

Installations for the processing and storage of radioactive waste (unless included in Schedule A1).

20

Installations for hydroelectric energy production.

21

Installations for the harnessing of wind power for energy production (wind farms).

22

Production and processing of metals

23

Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting.

24

Installations for the processing of ferrous metals—

(a) hot-rolling mills;

(b) smithies with hammers;

25

Ferrous metal foundries.

26

Installations for the smelting, including the alloyage, of non-ferrous metals, excluding precious metals, including recovered products (refining, foundry casting, etc.).

27

Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process.

28

Manufacture and assembly of motor vehicles and manufacture of motor vehicle engines.

29

Shipyards.

30

Installations for the construction and repair of aircraft.

31

Manufacture of railway equipment.

32

Swaging by explosives.

33

Installations for the roasting and sintering of metallic ores.

Mineral industry

34

Coke ovens (dry coal distillation).

35

Installations for the manufacture of cement.

36

Installations for the production of asbestos and the manufacture of asbestos-based products (unless included in Schedule A1).

37

Installations for the manufacture of glass including glass fibre.

38

Installations for smelting mineral substances including the production of mineral fibres.

39

Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stonewear or porcelain.

Chemical industry (unless included in Schedule A1)

40

Treatment of intermediate products and production of chemicals.

41

Production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides.

42

Storage facilities for petroleum, petrochemical and chemical products.

Food industry

43

Manufacture of vegetable and animal oils and fats.

44

Packing and canning of animal vegetable products.

45

Manufacture of dairy products.

46

Brewing and malting.

47

Confectionery and syrup manufacture.

48

Installations for the slaughter of animals.

49

Industrial starch manufacturing installations.

50

Fish-meal and fish-oil factories.

51

Sugar factories.

Textile, leather, wood and paper industries

52

Industrial plants for the production of paper and board (unless included in Schedule A1).

53

Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles.

54

Plants for the tanning of hides and skins.

55

Cellulose-processing and production installations.

Rubber industry

56

Manufacture and treatment of elastomer-based products.

Infrastructure projects

57

Industrial estate development projects.

58

Urban development projects, including the construction of shopping centres and car parks, sports stadiums, leisure centres and multiplex cinemas.

59

Construction of intermodal transhipment facilities and of intermodal terminals (unless included in Schedule A1).

60

Construction of railways (unless included in Schedule A1).

61

Construction of airfields (unless included in Schedule A1).

62

Construction of roads (unless included in Schedule A1).

63

Construction of harbours and port installations including fishing harbours (unless included in Schedule A1).

64

Inland-waterway construction not included in Schedule A1, canalisation and flood-relief works.

65

Dams and other installations designed to hold water or store it on a long-term basis (unless included in Schedule A1).

66

Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport.

67

Oil and gas pipeline installations and pipelines for the transport of carbon dioxide streams for the purposes of geological storage (unless included in Schedule A1).

68

Installations of long-distance aqueducts.

69

Coastal work to combat erosion and maritime works capable of altering the coast through the construction of, for example, dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works.

70

Groundwater abstraction and artificial groundwater recharge schemes not included in Schedule A1.

71

Works for the transfer of water resources between river basins not included in Schedule A1.

72

Motorway service areas.

Other projects

73

Permanent racing and test tracks for motorised vehicles.

74

Installations for the disposal of waste (unless included in Schedule A1).

75

Waste-water treatment plants (unless included in Schedule A1).

76

Sludge-deposition sites.

77

Storage of scrap iron, including scrap vehicles.

78

Test benches for engines, turbines or reactors.

79

Installations for the manufacture of artificial mineral fibres.

80

Installations for the recovery or destruction of explosive substances.

81

Knackers’ yards.

Tourism and leisure

82

Ski-runs, ski-lifts and cable-cars, and associated developments.

83

Marinas.

84

Holiday villages and hotel complexes outside urban areas and associated developments.

85

Theme parks.

86

Permanent camp sites and caravan sites.

87

Golf courses and associated developments.

Changes and extensions

88

Any change to or extension of development of a description listed in Schedule A1 (other than a change or extension falling within paragraph 31 of that Schedule) where that development is already authorised, executed or in the process of being executed.

89

Any change to or extension of development of a description listed in paragraphs 1 to 87 of this Schedule where that development is already authorised, executed or in the process of being executed.

90

Development of a description mentioned in Schedule A1 undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.

Types and characteristics of the potential impact

Giving a screening opinion

4A

Where the appropriate authority gives a screening opinion, the screening opinion must—

(a) state the main reasons for the conclusion with reference to the relevant criteria listed in Schedule 1; and

(b) if it is determined that the regulated activity does not require an environmental impact assessment, state any features of the project or measures envisaged to avoid, or prevent what might otherwise have been, significant adverse effects on the environment.

Notification of a screening opinion

Availability of screening opinions for inspection

9

A description of the expected significant adverse effects of the project and the regulated activity on the environment deriving from the vulnerability of the project and the regulated activity to risks of major accidents or disasters which are relevant to the project and the regulated activity concerned. Relevant information available and obtained through risk assessments pursuant to assimilated law such as any law that implemented Directive 2012/18/EU of the European Parliament and of the Council on the control of major accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC or Council Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations or UK environmental assessments may be used for this purpose provided that the requirements of any law that implemented the EIA Directive are met. Where appropriate, this description must include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

10

A non-technical summary of the information provided under paragraphs 1 to 9.

11

A reference list detailing the sources used for the descriptions and assessments included in the report.

Projects in an EEA State likely to have significant transboundary effects

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

The Marine Works (Environmental Impact Assessment) Regulations 2007

Extent

1A