The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017

(11) In making his screening decision, the Secretary of State shall take into account— (a) any information provided to the Secretary of State by the applicant or other bodies in accordance with this rule; (b) where relevant, the results of other environmental assessments carried out pursuant to European Union legislation other than legislation implementing the requirements of the Directive; and (c) such of the selection criteria set out in Annex III to the Directive as are relevant to the proposed works. (12) If the Secretary of State considers that the works in question would be likely to have significant adverse effects on the environment if carried out, then unless the applicant has proposed features of the works or measures to avoid or prevent such significant adverse effects, his screening decision shall be that an environmental impact assessment of the works is required.

• (e) in paragraph (13), for “The Secretary of State” substitute “Subject to paragraphs (13A) and (13B), the Secretary of State”;

• (f) for paragraph (14), substitute—

(13A) Where, in accordance with rule 26, the Secretary of State allows further time to make a screening decision, he must ensure that irrespective of the further time allowed the applicant is notified in writing of the Secretary of State’s screening decision not later than 90 days after receipt of the request made pursuant to paragraph (4) or, where a notification has been given under paragraph (6), not later than 90 days after receiving the further information that the applicant is required to supply by virtue of paragraph (7). (13B) Where the Secretary of State considers that due to exceptional circumstances relating to the proposed works it is not practicable to notify the applicant of his screening decision within the period specified in paragraph (13A), the Secretary of State may extend that period by giving notice in writing to the applicant giving reasons justifying the extension and the date when the decision is expected. (14) In the notification given under paragraph (13), the Secretary of State shall state the main reasons for the decision with reference to the relevant criteria in Annex III to the Directive, and if that decision is that an environmental impact assessment is not required the Secretary of State shall also state any features of the proposed works or measures proposed to be taken in order to avoid or prevent what might otherwise have been significant adverse effects on the environment. (15) As soon as reasonably practicable after notifying the applicant of the screening decision, the Secretary of State shall arrange for a copy of the notification to be published on a website maintained by or on behalf of the Secretary of State for that purpose.

5

After rule 7, insert—

(7A) (1) The environmental impact assessment is a process consisting of— (a) the preparation of an environmental statement by the applicant; (b) the carrying out of consultation, publication and notification as required by rules 13 and 14 and, where relevant, rule 16; and (c) the steps that are required to be undertaken by the Secretary of State under section 13B. (2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of each individual case, the direct and indirect significant effects of the proposed works on the following factors— (a) population and human health; (b) biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC[^f00033] and Directive 2009/147/EC[^f00034]; (c) land, soil, water, air and climate; (d) material assets, cultural heritage and the landscape; and (e) the interaction between the factors referred to in sub-paragraphs (a) to (d). (3) The significant effects to be identified, described and assessed under paragraph (2) shall include— (a) the operational effects of the proposed works, where those works will have operational effects; and (b) the expected significant effects arising from the vulnerability of the proposed works to major accidents or disasters that are relevant to those works.

6

In rule 8(4) (scoping opinion)—

• (a) in the opening words, omit “the applicant and”; and

• (b) for sub-paragraph (f), substitute—

(f) any other body which is designated by statutory provision, or by the Secretary of State on a case-by-case basis, as having specific environmental responsibilities or local or regional competencies and which the Secretary of State considers is likely to have an interest in the application.

7

After rule 8 insert—

(8A) (1) Where in relation to proposed works which required an environmental impact assessment there is a requirement to carry out a habitats regulation assessment, the Secretary of State must where appropriate ensure that the habitats regulation assessment and the environmental impact assessment are co-ordinated. (2) In this rule, a “habitats regulation assessment” means an assessment under regulation 61 of the Conservation of Habitats and Species Regulations 2010[^f00035].

8

For rule 11 (Environmental statements: provision of information), substitute—

(11) (1) An environmental statement submitted in connection with an application shall include— (a) a description of the project comprising information on the site, design, size and other relevant features of the proposed works; (b) a description of the likely significant effects of the proposed works on the environment; (c) a description of any features of the proposed works, or measures proposed to be taken in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment; (d) a description of the reasonable alternatives studied by the applicant, which are relevant to the proposed works and their specific characteristics, and an indication of the main reason for the option chosen, taking into account the significant effects of the proposed works on the environment; (e) a non-technical summary of the information provided under sub-paragraphs (a) to (d); and (f) any additional information specified in Schedule 1 relevant to the specific characteristics of the proposed works or type of proposed works and to the environmental features likely to be significantly affected. (2) The environmental statement referred to in paragraph (1) shall— (a) where a scoping opinion has been issued in accordance with rule 8, be based on the most recent scoping opinion issued (so far as the proposed works remains materially the same as the proposed works which was subject to that decision); (b) include the information required for reaching a reasoned conclusion on the significant effects of the works on the environment, taking into account current knowledge and methods of assessment; and (c) be prepared, taking into account other relevant environmental assessments required under European Union legislation or some other provision of domestic legislation, with a view to avoiding duplication of assessment. (3) In order to ensure the completeness and quality of the environmental statement— (a) the applicant must ensure that the environmental statement is prepared by competent experts; and (b) the environmental statement must be accompanied by a statement from the applicant outlining the relevant expertise or qualifications of such experts.

9

In rule 13(4) (deposit of copy application etc. with others)—

• (a) after “provision”, insert “, or by the Secretary of State on a case-by-case basis,”; and

• (b) after “responsibilities”, insert “or local or regional competencies”.

10

In rule 14 (publicity for application), after paragraph (4) insert—

(4A) In the case of an application in respect of which the applicant was required to submit an applicant’s environmental statement in accordance with rule 7(1), the applicant must arrange for a notice containing the information specified in paragraph (5), together with a copy of the applicant’s environmental statement and any further environmental information submitted under rule 17, to be published on a website maintained by or on behalf of the Secretary of State for that purpose.

11

For rule 16(8) (developments likely to have significant effects on the environment of another part of the United Kingdom or certain other states), substitute—

(8) Where a Member State has been consulted in accordance with paragraph (7)(c), the Secretary of State shall inform that Member State of his decision as to whether or not the order in question should be made and shall send to that Member State a copy of the notice referred to in section 14.

12

After rule 28 (applications relating solely to Wales) insert—

(29) (1) The Secretary of State must from time to time— (a) carry out a review of the regulatory provision contained in these Rules; and (b) publish a report setting out the conclusions of the review. (2) The first report must be published before 5th December 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[^f00036] requires that a review carried out under this rule must, so far as is reasonable, have regard to how the obligations under the Directive are 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 rule must in particular— (a) set out the objectives intended to be achieved by the regulatory provisions referred to in paragraph (1)(a); (b) assess the extent to which those objectives are achieved; (c) assess whether those objectives remain appropriate; and (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involved a less onerous regulatory provision. (6) In this rule “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).

13

For Schedule 1 (information to be included in environmental statements) substitute—

SCHEDULE1 (1) A description of the proposed project, including in particular— (a) a description of the location of the project; (b) a description of the physical characteristics of all the works, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases; (c) a description of the main characteristics of the operational phase of the project (in particular any production process), for example, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used or affected; (d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) resulting from the operation of the proposed project. (2) A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the works and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects. (3) A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution of the environment without implementation of the proposed works as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge. (4) A description of the factors specified in rule 7A(2) likely to be significantly affected by the project: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape. (5) (1) A description of the likely significant effects of the project on the environment resulting from, amongst other things— (a) the construction and existence of the project, 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 projects, 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 project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change; (g) the technologies and the substances used. (2) The description of the likely significant effects on the factors specified in rule 7A(2) 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 development. This description should take into account the environmental protection objectives established at European Union or domestic level which are relevant to the project, including in particular those established under Council Directive 92/43/EEC and Directive 2009/147/EC. (6) A description of the forecasting methods or evidence used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved. (7) A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description must explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and must cover both the construction and operational phases. (8) A description of the expected significant adverse effects of the project on the environment deriving from the vulnerability of the project to risks of major accidents or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to European Union legislation such as Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom or relevant assessments undertaken under domestic legislation may be used for this purpose provided that the requirements of the Directive are met. Where appropriate, this description should 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. (9) A non-technical summary of the information provided under paragraphs 1 to 8. (10) A reference list detailing the sources used for the descriptions and assessments included in the environmental statement.

14

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

• (a) in paragraphs 4 and 5(b), for the words “purposes and he considers” to the end, substitute “as its sole purpose, or comprise a project having the response to a civil emergency as its sole purpose, and he considers that the carrying out of an environmental impact assessment of the works would have an adverse effect on that purpose.”;

• (b) the existing provisions of paragraph 5 (as amended by sub-paragraph (a)) becomes sub-paragraph (1), and after the new sub-paragraph (1) insert—

(2) When carrying out consultation under sub-paragraph (1), the Secretary of State may also provide (in addition to the information described in rule 7(5)) a description of any features of the proposed works or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

• (c) for paragraph 7, substitute—

(7) In reaching his determination as to whether an environmental impact assessment is necessary, the Secretary of State shall take into account— (a) any information provided to the Secretary of State pursuant to paragraph 5; (b) where relevant, the results of other environmental assessments carried out pursuant to European Union legislation other than legislation implementing the requirements of the Directive; and (c) such of the selection criteria set out in Annex III to the Directive as are relevant to the proposed works.

• (d) after paragraph 12, insert—

(12A) (1) Where the Secretary of State has determined that an environmental impact assessment of the proposed works is necessary he must arrange for a notice containing the information specified in paragraph 12(a) and (b), together with a copy of the environmental statement, to be published on a website maintained by or on behalf of the Secretary of State for that purpose.

• (e) in paragraph 18—

• (i) after “provision” insert “, or by the Secretary of State on a case-by-case basis,”; and

• (ii) after responsibilities insert “or local or regional competencies”;

• (f) in paragraph 29, after “Where” insert “the Secretary of State has determined under paragraph 3 that an environmental impact assessment is necessary and”;

• (g) in paragraph 30, after “This paragraph shall apply where” insert “the Secretary of State has determined under paragraph 3 that an environmental impact assessment is necessary and”; and

• (h) in paragraph 31, at the end of sub-paragraph (c), insert “; and” and insert—

(d) arrange for a copy of the information to be published on a website maintained by or on behalf of the Secretary of State for that purpose.

SCHEDULE 5 — Projects and works in Scotland and Northern Ireland: national defence exemptions

PART 1 — Projects and works in Northern Ireland

Roads (Northern Ireland) Order 1993: national defence exemption

1

• (1) The Secretary of State may direct that Part 5 of the Roads (Northern Ireland) Order 1993 (environmental impact assessment) does not apply in relation to a road project specified in the direction if satisfied—

• (a) the project has national defence as its sole purpose, and

• (b) that carrying out an environmental impact assessment would have an adverse effect on the fulfilment of that purpose.

• (2) In this Schedule—

• (a) “road project” means a project for constructing or improving a road which the Department for Infrastructure in Northern Ireland is considering;

• (b) “environmental impact assessment” has the meaning given in Article 67 of the Roads (Northern Ireland) Order 1993.

• (3) The Secretary of State must send a copy of any direction given under sub-paragraph (1) to the Department for Infrastructure in Northern Ireland.

Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003: national defence exemption

2

• (1) The Secretary of State may direct that the 2003 Regulations do not apply to the Northern Ireland harbour works specified in the direction if satisfied—

• (a) the works have national defence as their sole purpose, and

• (b) the application of the 2003 Regulations to the works would have an adverse effect on the fulfilment of that purpose.

• (2) The Secretary of State must, as soon as reasonably practicable after giving a direction under sub-paragraph (1), send a copy of the direction to the Department for Infrastructure in Northern Ireland.

• (3) In this paragraph—

• “the 2003 Regulations” means Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003;

• “Northern Ireland harbour works” means proposed harbour works to which the 2003 Regulations apply (see regulation 3 of those Regulations).

PART 2 — Works in Scotland

Transport and Works (Scotland) Act 2007 and the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007: national defence exemption

3

• (1) The Secretary of State may direct, in respect of the proposed works specified in the direction, that—

• (a) sections 11(8) and 12(4) of the Transport and Works (Scotland) Act 2007 do not apply;

• (b) rule 14 of the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 does not apply;

• (c) any application in connection with those works is to be treated as if it were not an EIA application.

• (2) The Secretary of State may give a direction under sub-paragraph (1) only if satisfied that—

• (a) the sole purpose of the proposed works is national defence, and

• (b) compliance with the requirement for an environmental impact assessment would have an adverse effect on the fulfilment of that purpose.

• (3) The Secretary of State must send a copy of any direction given under sub-paragraph (1) to the Scottish Ministers.

SCHEDULE 6 — Transitional provisions and savings

PART 1 — The 1964 Act

Orders made under section 42A of the 1964 Act

1

Section 42A of the 1964 Act as amended by paragraph 4 of Schedule 1 applies to orders made under that section before the commencement date as it applies to orders made under that section on or after that date.

Applications for harbour revision orders, harbour empowerment orders or closure orders

2

• (1) The amendments made by Schedule 1 to paragraphs 3 to 6(1)(a) of Schedule 3 to the 1964 Act do not apply in relation to a proposed application in respect of which notice is given under paragraph 3(a) of Schedule 3 to the 1964 Act before the commencement date.

• (2) The amendments made by Schedule 1 to the 1964 Act do not apply in relation to an application in respect of which the applicant is informed of a screening decision before the commencement date.

• (3) In this paragraph—

• “application” means an application for a harbour revision order, a harbour empowerment order or a closure order;

• “screening decision” means a decision under paragraph 6(1)(a) of Schedule 3 to the 1964 Act in response to a notice given under paragraph 3(a) of that Schedule.

Proposals for closure orders made otherwise than on the application of a harbour authority

3

• (1) The amendments made by Schedule 1 to section 17D(2)(e) of the 1964 Act do not apply in relation to a proposal in respect of which a screening decision is made before the commencement date.

• (2) The amendments made by Schedule 1 to paragraph 4 of Schedule 3 to the 1964 Act do not apply in relation to a proposal which is made before the commencement date.

• (3) The amendments made by Schedule 1 to Schedule 3 to the 1964 Act do not apply in relation to a proposal in respect of which a screening decision is made before the commencement date.

• (4) In this paragraph—

• “proposal” means a proposal to make a closure order otherwise than on the application of a harbour authority;

• “screening decision”, in relation to a proposal, means a decision under section 17D(2)(e) of the 1964 Act.

PART 2 — The 1980 Act

Existing projects for constructing or improving highways which are not screened before the commencement date

4

• (1) Despite the amendments made by paragraph 3 of Schedule 2, superseded sections 105A(2) and (3)(b) continue to apply on and after the commencement date for the purpose of determining whether an existing project is, or should be made, subject to an environmental impact assessment under Part 5A of the 1980 Act.

• (2) A determination under superseded section 105(2) that an existing project does not fall within Annex I or Annex II is to be treated as a determination that the project does not fall within Annex I or Annex II to the EIA Directive.

• (3) A determination under superseded section 105A(3)(b) that an existing project should not be subject to an environmental impact assessment is to be treated for the purposes of new Part 5A (other than section 105AB) as a determination under section 105A(1)(b) of the 1980 Act (as substituted by paragraph 3 of Schedule 2).

• (4) The project authority must publish a notice of a determination under superseded section 105A(3)(b) that an existing project should not be subject to an environmental impact assessment—

• (a) in the London Gazette,

• (b) in at least one local newspaper circulating in the area in which the project for the construction or improvement is proposed to be situated, and

• (c) on a website maintained by or on behalf of the project authority.

• (5) An existing project which the project authority determines—

• (a) under superseded section 105A(2), falls within Annex I, or

• (b) under superseded section 105A(3)(b), should be subject to an environmental impact assessment,

is to be treated for the purposes of new Part 5A as a project to which section 105B(1) of the 1980 Act (as substituted by paragraph 4 of Schedule 2) applies.

• (6) In this paragraph—

• “existing project” means a project for constructing or improving a highway which the project authority that is the highway authority for the highway— is considering before the commencement date, but in respect of which it had not made a determination under subsection (2), or subsections (2) and (3)(b), of section 105A of the 1980 Act before that date;

• “project authority” means— the Secretary of State, the Welsh Ministers, or a strategic highways company.

• “superseded section 105A(2)” means subsection (2) of section 105A of the 1980 Act as it has effect immediately before the commencement date;

• “superseded section 105A(3)(b)” means subsection (3)(b) of section 105A of the 1980 Act as it has effect immediately before the commencement date.

Exemptions for existing projects

5

• (1) Section 105AA of the 1980 Act (as inserted by paragraph 3 of Schedule 2) applies to an existing project as it applies to a new project.

• (2) In this paragraph—

• “existing project” has the meaning given in paragraph 4;

• “new project” means a project for constructing or improving a highway which the project authority that is the highway authority for the highway begins to consider on or after the commencement date.

• (3) Paragraph 4(4) does not apply to an existing project in respect of which a direction is given, or determination made, under section 105AA.

Projects for constructing or improving highways which are screened before the commencement date

6

The amendments made to the 1980 Act by Schedule 2 do not apply in relation to a project in respect of which notice of an environmental statement is published under section 105B(3) of the 1980 Act before the commencement date.

PART 3 — The 1992 Act and the 2006 Rules

Requests for a screening decision made before the commencement date

7

• (1) The amendments made by Schedule 3 to section 6 of the 1992 Act do not apply in relation to a qualifying screening decision request.

• (2) The amendments made by Schedule 4 to rules 4 and 7 of the 2006 Rules do not apply in relation to a qualifying screening decision request.

• (3) In this paragraph “qualifying screening decision request” means a request made under rule 7(4) of the 2006 Rules before the commencement date.

Requests for a scoping opinion made before the commencement date

8

• (1) The amendments made by Schedule 3 to section 6 of the 1992 Act do not apply in relation to a qualifying scoping opinion request.

• (2) The amendments made by Schedule 4 to rules 4 and 8 of the 2006 Rules do not apply in relation to a qualifying scoping opinion request.

• (3) In this paragraph and paragraph 9, “qualifying scoping opinion request” means a request made under rule 8(1) of the 2006 Rules before the commencement date.

Applications for orders under sections 1 and 3 of the 1992 Act

9

• (1) The amendments specified in sub-paragraph (2) do not apply in relation to—

• (a) an application in respect of which an environmental statement is submitted before the commencement date, or

• (b) an application which is made following an opinion given on or after the commencement date in response to a qualifying scoping opinion request.

• (2) The specified amendments are—

• (a) the amendments made by Schedule 3 to the 1992 Act, and

• (b) the amendments made by Schedule 4 to the 2006 Rules.

• (3) In this paragraph—

• “application” means an application under section 6 of the 1992 Act for an order under section 1 or 3 of that Act;

• “environmental statement” has the meaning given by section 14(3D) of the 1992 Act as it is in force immediately before the commencement date.

Existing proposals: screening decision

10

• (1) The amendments made by Schedule 4 to rule 4 of and paragraphs 4, 5 and 7 of Schedule 7 to the 2006 Rules do not apply in relation to a proposal which is made by an appropriate national authority before the commencement date.

• (2) In this Part of this Schedule—

• “appropriate national authority”— in relation to a proposal to which rule 28 of the 2006 Rules applies, means the National Assembly for Wales; otherwise, means the Secretary of State;

• “proposal” means a proposal to make an order by virtue of section 7 of the 1992 Act.

Existing proposals: scoping opinion

11

• (1) The amendments made by Schedule 4 to rules 4 and 8 of the 2006 Rules do not apply in relation to a proposal in respect of which the relevant appropriate national authority consults as required by paragraph 9 of Schedule 7 to the 2006 Rules before the commencement date.

• (2) In this paragraph and paragraph 12 “relevant appropriate national authority”, in relation to a proposal, means the appropriate national authority which makes the proposal.

Existing proposals: other procedural requirements

12

• (1) The amendments specified in sub-paragraph (2) do not apply in relation to a proposal in respect of which the relevant appropriate national authority—

• (a) consults as required by paragraph 9 of Schedule 7 to the 2006 Rules before the commencement date, or

• (b) deposits a copy of the environmental statement in the library of the House of Commons (as required by paragraph 13 of Schedule 7 to the 2006 Rules) before that date.

• (2) The specified amendments are—

• (a) the amendments made by Schedule 3 to the 1992 Act, and

• (b) the amendments made by Schedule 4 to rule 4 the 2006 Rules.

Signed

Signed by authority of the Secretary of State

Jesse Norman — Parliamentary Under Secretary of State — Department for Transport — 6th November 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations implement Directive 2014/52/EU of the European Parliament and of the Council (O.J. No. L 124, 25.4.2014, p. 1-18) amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (O.J. No. L 26, 28.1.2012, p. 1-21); they relate specifically to harbour works (in England and Wales and Scotland), the construction or improvement of highways (in England and Wales) and certain transport related works (in England and Wales).

Schedule 1 amends the Harbours Act 1964 (c. 40) which makes provision for harbour revision and empowerment orders.

Schedule 2 amends Part 5A of the Highways Act 1980 (c. 66) to provide for procedures governing the environmental impact assessment of projects for the construction or improvement of highways by the project authority; in England this is Highways England or the Secretary of State and in Wales the Welsh Ministers, which are respectively the highway authority. The relevant highways are for the most part trunk roads.

Schedules 3 and 4 amend the Transport and Works Act 1992 (c. 42) and the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) which make provision for orders authorising transport-related works in England and Wales.

In summary, these Regulations make provision governing:

• the circumstances in which a project may be exempt from the environmental impact assessment process (e.g. national defence or civil emergencies);

• the introduction of coordinated procedures for projects in respect of which there are other related assessments (e.g. habitats regulations);

• the list of environmental factors to be considered as part of the environmental impact assessment procedure;

• the information to be provided to inform a screening decision and the criteria to be applied when making a screening decision;

• the way in which an environmental statement is to be prepared, including an amendment to the information to be included in it, the introduction of a requirement that it be based upon a scoping opinion (where one has been obtained) and a requirement that it be prepared by a competent expert;

• the procedure not applying to projects where a separate assessment of the effects of the project on the environment has been, is or will be carried, out by another public authority; and

• the publication of decisions in respect of projects which are subject to the environmental impact assessment process.

Schedule 5 makes provision for the Secretary of State to direct that an environmental impact assessment with respect to certain works and projects in Scotland and Northern Ireland, which have national defence as their sole purpose, is not required.

Schedule 6 makes provision for transitional arrangements with respect to the amendments made by these Regulations.

These Regulations were notified to the European Commission in accordance with Article 2 of Directive 2014/52/EU.

An Explanatory Memorandum and a transposition note are available with these Regulations on www.legislation.gov.uk. Copies have also been placed in the Libraries of both Houses of Parliament.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

[^f00002]: 2000 c. 7.

[^f00003]: 2015 c. 20.

[^f00004]: S.I. 2008/301.

[^f00005]: 1964 c. 40.

[^f00006]: 1980 c. 66.

[^f00007]: 1992 c. 42.

[^f00008]: S.I. 2006/1466.

[^f00009]: S.R. (N.I.) 2003/136.

[^f00010]: Section 17(2C) was inserted by S.I. 1999/3445.

[^f00011]: Section 17D was inserted by section 6(1) of the Marine Navigation Act 2013 (c. 23).

[^f00012]: Section 42A was inserted in relation to England and Wales by paragraph 3(1) of Schedule 21 to the Marine and Coastal Access Act 2009 (c. 23).

[^f00013]: Section 44(6) to (8) was inserted in relation to England and Wales by S.I. 2009/269.

[^f00014]: Section 44(6) to (8) was inserted in relation to Scotland by the Transport and Works (Scotland) Act 2007 (asp 8).

[^f00015]: Schedule 3 was substituted by Schedule 3 to S.I. 1999/3445.

[^f00016]: The definition of “the Directive” was substituted by S.I. 2009/269.

[^f00017]: O.J. No. L 26, 28.1.2012, p. 1.

[^f00018]: O.J. No. L 206, 22.7.1992, p. 7.

[^f00019]: O.J. No. L 20, 26.1.2010, p. 7.

[^f00020]: O.J. No. L 26, 28.1.2012, p. 1.

[^f00021]: O.J. No. L 206, 22.7.1992, p. 7.

[^f00022]: O.J. No. L 20, 26.1.2010, p. 7.

[^f00023]: Paragraph 7 was amended in relation to Scotland by section 2 (2) of the Harbours (Scotland) Act 2015 (asp 13).

[^f00024]: Paragraph 10A was inserted by regulation 6 of S.I. 2009/269 in relation to England and Wales and section 25(5)(d) of the Transport and Works (Scotland) Act 2007 (asp 8) in relation to Scotland.

[^f00025]: Paragraph 15 was amended by S.I. 2009/269 in relation to England and Wales and section 25(5)(e) of the Transport and Works (Scotland) Act 2007 (asp 8) in relation to Scotland.

[^f00026]: Paragraph 16 was amended by S.I. 2009/269 in relation to England and Wales and section 25(5)(f) of the Transport and Works (Scotland) Act 2007 (asp 8) in relation to Scotland.

[^f00027]: Paragraph 19 was amended by S.I. 2009/269 in relation to England and Wales. Paragraph 19 was amended by section 46(5) of the Transport (Scotland) Act 2005 (asp 12) and section 25(5)(i) of the Transport and Works (Scotland) Act 2007 (asp 8) in relation to Scotland.

[^f00028]: Paragraph 20 was amended by regulation 11 of S.I. 2009/269.

[^f00029]: S.I. 2012/801.

[^f00030]: As amended by paragraph 34(2) of Schedule 7 to the Local Government (Wales) Act 1994 (c. 19), S.I. 1995/1541, S.I. 1998/2226 and S.I. 2006/958.

[^f00031]: 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 and S.I. 2015/1682.

[^f00032]: OJ No L 26, 28.1.2012, p.1-21. Council Directive 2011/92/EU has been amended by Council Directive 2014/52/EU, OJ No. L 125, 25.4.2014, p. 1-18.

[^f00033]: O.J. No. L 206, 22.7.1992, p. 7.

[^f00034]: O.J. No. L 20, 26.1.2010, p. 7.

[^f00035]: S.I. 2010/2264, amended by S.I. 2012/635; there are other amending instruments but none is relevant.

[^f00036]: 2015 c. 26. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12).