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

Contents

416 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1 · Citation, commencement, extent and application
1. (1) These Regulations may be cited as the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 and shall come into force on
2. (2) These Regulations do not extend to Northern Ireland.
3. (3) These Regulations apply to pipe-line works which fall within the class of development described as permitted development in Class F(a) of Part 17 of Schedul
2 · Interpretation
1. (1) In these Regulations– • “the 1986 Act” means the Gas Act 1986; • “the 1999 Scottish EIA Regulations” means the Environmental Impact Assessment (Scotland) Re
2. (2) References in these Regulations to proposed pipe-line works include, in the case of pipe-line works in respect of which the Secretary of State has made a di
2A · Environmental impact assessment
1. (1) In these Regulations, “environmental impact assessment” means the process consisting of—
2. (2) In carrying out the steps described in paragraph (1)(a), the gas transporter shall identify, describe and assess in an appropriate manner—
2B · Environmental statement
1. (1) In these Regulations, an “environmental statement” means a report prepared as part of an environmental impact assessment in respect of proposed pipe-line wo
2. (2) In preparing the environmental statement, the gas transporter shall also take into account any available results of other relevant assessments under the law
3. (3) Where the Secretary of State has given an opinion under regulation 7 on the matters to be included in the environmental statement, the statement shall be ba
4. (4) In order to ensure the completeness of the environmental statement, the gas transporter shall ensure that—
3 · Environmental statements
1. (1) Subject to paragraph (5) and regulations 3A (exempt pipe-line works), 4 (pipe-line works subject to planning permission in England and Wales) and 5 (pipe-li
2. (2) Subject to paragraph (5) and regulations 4 and 5 below, where a public gas transporter proposes to carry out any pipe-line works of a kind described in Part
3. (3) Subject to paragraph (4) and regulations 4 and 5 below, in any case (other than in response to a request for an environmental determination) where it appear
4. (4) Before making a direction pursuant to paragraph (3) above, the Secretary of State shall consult the public gas transporter who is proposing to carry out or
5. (5) Where– the public gas transporter shall not commence or continue the pipe-line works in question without first making an application for and obtaining the c
6. (5A) Where in relation to EIA development there is, in addition to a requirement for an environmental statement to be prepared in accordance with these Regulati
7. (6) An application under paragraph (5) above for the consent of the Secretary of State to the carrying out of proposed pipe-line works shall be made by letter a
8. (7) In this regulation, a “Habitats Regulations Assessment” means an assessment under regulation 63 of the Conservation of Habitats and Species Regulations 2017
3A · Exempt pipe-line works
1. (1) The Secretary of State may direct that—
2. (2) Subject to paragraph (4), the Secretary of State may, in exceptional cases, direct that any proposed pipe-line works shall be exempt in whole or in part fro
3. (3) Where a direction is given under paragraph (1) or (2), the Secretary of State shall send a copy of any such direction to the relevant planning authority.
4. (4) A direction shall not be given under paragraph (2) unless the Secretary of State —
5. (5) A direction given by the Secretary of State under paragraph (2) may disapply such provisions of the Regulations as may in the circumstances appear to the Se
6. (6) The Secretary of State shall publish—
3B · Environmental statement
1. (1) In these Regulations, an “environmental statement” means a report prepared as part of the environmental impact assessment in respect of a relevant project w
2. (2) In preparing the environmental statement, the undertaker shall also take into account any available results of other relevant assessments under EU or nation
3. (3) Where the Secretary of State has given an opinion under regulation 7 on the matters to be included in the environmental statement, the statement shall be ba
4. (4) In order to ensure the completeness of the environmental statement, the undertaker shall ensure that—
4 · Pipe-line works subject to planning permission in England and Wales
1. (1) Regulation 3 above (environmental statements) shall not apply or, subject to paragraph (3) below, shall cease to apply, as the case may be, in respect of an
2. (2) A direction given by the appropriate local planning authority pursuant to article 4(1) of the 1995 Order which requires the approval of the Secretary of Sta
3. (3) Where, in relation to proposed pipe-line works, the Secretary of State makes an environmental determination or gives a direction pursuant to regulation 3(3)
5 · Pipe-line works subject to planning permission in Scotland
1. (1) Regulation 3 above (environmental statements) shall not apply or, subject to paragraph (3) below, shall cease to apply, as the case may be, in respect of an
2. (2) A direction given by a planning authority pursuant to article 4(1) of the 1992 Order which requires the approval of the Secretary of State under that Order
3. (3) Where in relation to proposed pipe-line works the Secretary of State makes an environmental determination or gives a direction pursuant to regulation 3(3) a
6 · Requests to the Secretary of State for an environmental determination
1. (1) Subject to paragraph (1B), this regulation applies where a public gas transporter–
2. (1A) If the Secretary of State considers that proposed pipe-line works are highly likely to have a significant effect on the environment given the environmental
3. (1B) Where a direction under paragraph (1A) is in force in respect of proposed pipe-line works, the Secretary of State shall not make an environmental determina
4. (2) The Secretary of State shall, subject to paragraph (4) below, having– make such environmental determination as he thinks fit and send a copy to the public g
5. (3) The public gas transporter making the request shall supply the Secretary of State with such number of additional copies of the plan accompanying the request
6. (4) The Secretary of State on receiving a request for an environmental determination shall, if he considers that he has not been provided with sufficient inform
7. (5) If the relevant planning authority wishes to give any views to the Secretary of State, it shall do so by a date no later than 30 days after the date on whic
8. (6) The Secretary of State shall make an environmental determination in response to a request for the same as soon as possible and in any event by a date no lat
9. (7) Where in response to a request for an environmental determination, the Secretary of State determines that either— the Secretary of State shall provide with
10. (8) A determination made by the Secretary of State in response to a request for an environmental determination that proposed pipe-line works are not EIA develop
11. (9) Where the Secretary of State makes an environmental determination, he shall forthwith send a copy of the determination and the statement of reasons, if any,
7 · Pre-application requests to the Secretary of State for an opinion as to content of environmental statement
1. (1) This regulation applies where a public gas transporter, either at the same time as making a request for an environmental determination or at any other time
2. (2) Subject to paragraph (3) below, the Secretary of State shall give an opinion in response to a request under paragraph (1) above, having first–
3. (3) The Secretary of State on receiving a request under paragraph (1) above shall, if he considers that he has not been provided with sufficient information to
4. (4) The public gas transporter making the request shall supply the Secretary of State with such number of additional copies of the plan accompanying the request
5. (5) If the public gas transporter and the consultation bodies wish to give any views to the Secretary of State, they shall do so by a date no later than 30 days
6. (6) The Secretary of State shall give an opinion in response to a request under paragraph (1) above no later than 30 days after whichever is the latest of– or b
7. (7) Where the Secretary of State has given an opinion in response to a request under paragraph (1) above, he shall not be precluded from requiring of the public
8. (8) Where the Secretary of State has given an opinion in response to a request pursuant to paragraph (1) above, he shall forthwith send to the relevant planning
8 · Availability of directions, determinations etc. for inspection
9 · Provision of information
1. (1) Where the Secretary of State determines in response to a request for an environmental determination that proposed pipe-line works are EIA development, recei
2. (2) Subject to paragraph (3) below, any consultation body notified in accordance with paragraph (1) above that a public gas transporter is to submit an environm
3. (3) A reasonable charge reflecting the cost of making the relevant information available may be made by any body supplying it.
4. (4) Nothing in this regulation shall require the disclosure of any information which is by virtue of any rule of the law of any part of Great Britain subject to
10 · Publicity for environmental statements
1. (1) In any case where a public gas transporter has made an application to the Secretary of State for consent to the carrying out of proposed pipe-line works, ac
2. (2) The gas transporter shall serve on the consultation bodies as soon as is reasonably practicable— and he shall inform the Secretary of State in writing of th
3. (3) The gas transporter shall, as soon as is reasonably practicable, publish a notice which states—
4. (4) The gas transporter shall publish the notice referred to in paragraph (3)—
5. (5) The public gas transporter shall–
6. (6) The relevant planning authority shall make available premises at which copies of the application for consent, the environmental statement and any supplement
7. (7) The public gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes in which the notice referred to in paragr
11 · Further information and evidence respecting environmental statements
1. (1) Where the Secretary of State has been provided with an environmental statement he may in writing require the public gas transporter to provide in respect of
2. (2) Where, in the opinion of the Secretary of State, any further information ought to have been included in the environmental statement in question, the Secreta
3. (3) The public gas transporter shall serve a copy of the further information on the consultation bodies, together with a notice referring to the material previo
4. (4) The public gas transporter and the relevant planning authority shall make available to the public copies of the application for consent, the environmental s
5. (5) The gas transporter shall publish a notice containing the information specified in paragraph (6)—
6. (6) A notice published pursuant to paragraph (5) above shall—
7. (7) The public gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes in which the notice referred to in paragr
8. (8) The Secretary of State may in writing require a public gas transporter to produce such evidence as he may reasonably require in support of anything containe
11A · Additional information and publicity
1. (1) Where additional information is received by the Secretary of State, he shall serve a copy of the additional information on the consultation bodies and eithe
2. (2) Where the applicant has been notified that additional information has been served on the consultation bodies in accordance with paragraph (1)(a) above or be
3. (3) Where the Secretary of State receives a notice which has been served on him by the gas transporter pursuant to paragraph (2)(b) above, he shall serve a copy
4. (4) The notice referred to in paragraph (2)(a) shall be published—
5. (5) The notice referred to in paragraph (2)(a) above shall—
6. (6) Paragraphs (2) to (5) above shall not apply where a notice containing the information specified in paragraph (5) has previously been—
7. (7) The gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes in which the notice referred to in paragraph (2)
8. (8) The Secretary of State shall not determine the application for consent until the later of—
12 · Charges
1. (a) the supply to a member of the public of a copy of an environmental statement, any supplementary information or any further information in accordance with re
2. (b) the supply to the consultation bodies of any copy, in excess of one, of an environmental statement, any supplementary information or any further information
13 · Projects affecting other States
1. (1) Where in the case of any pipe-line works proposed to be carried out in Great Britain the Secretary of State determines in response to a request for an envir
2. (2) Where an EEA State requests to participate in the procedure under these Regulations in relation to particular proposed pipe-line works, the Secretary of Sta
3. (3) ................................
4. (4) Nothing in this regulation shall require the disclosure by the Secretary of State of any information which is by virtue of any rule of the law of any part o
5. (5) Where the Secretary of State notifies a public gas transporter that the provisions of paragraph (1)... of this regulation applies in respect of a particular
14 · Consent to pipe-line works
1. (1) In any case where a public gas transporter has made an application to the Secretary of State, accompanied by an environmental statement, for his consent to
2. (1A) If consent is to be given under paragraph (1), the consent should set out—
3. (1B) If consent is to be refused under paragraph (1), the decision to refuse consent shall state the main reasons for the refusal.
4. (1C) The reasoned conclusion referred to in paragraph (1)(d) shall be up to date at the time that the decision to consent to the carrying out of the proposed pi
5. (1D) When considering whether to impose a monitoring condition under paragraph (1A)(c), the Secretary of State shall—
6. (1E) The decision of the Secretary of State referred to in paragraph (1) shall be taken within a reasonable period of time, taking into account the nature and c
7. (2) In any case where an EEA State has, in relation to an application for consent..., requested in accordance with regulation 13(2) above to participate in the
8. (3) Any consent given by the Secretary of State pursuant to paragraph (1) above to the carrying out of the proposed works shall cease to have effect after the e
9. (4) The Secretary of State shall promptly–
10. (5) The gas transporter shall, no later than 14 days after the date of the notification under paragraph (4)(a) above, inform the public of the decision by publi
11. (5A) A notice published under paragraph (5) shall—
12. (5B) ................................
13. (6) The public gas transporter shall provide the Secretary of State with copies of each of the newspapers and the Gazettes in which the notices referred to in p
14. (7) Where the Secretary of State sends a relevant planning authority the statement referred to in paragraph (4)(b) above, the relevant planning authority shall
15 · Applications to court
1. (1) Subject to paragraph (2) below, for the purposes of regulations 16 (application to court by person aggrieved) and 17 (application to court by Secretary of S
2. (2) Where any proposed pipe-line works are situated in both of the areas referred to in paragraph (1) above, then either of the courts having jurisdiction in th
16 · Application to court by person aggrieved
1. (1) On the application of any person aggrieved by– the court may grant an order quashing the grant of consent or, as the case may be, the attaching by the Secre
2. (2) An application to the court under this regulation shall be made no later than 6 weeks after the date of last publication by the public gas transporter of de
3. (3) The court may by interim order, pending the determination of any question referred to in paragraph (1) above, stay the operation of the consent or, as the c
17 · Application to the court by Secretary of State
1. (1) If a public gas transporter carries out pipe-line works– the court may, on the application of the Secretary of State, make an order restraining the public g
2. (2) Subject to paragraph (3) below, the court may, in addition to making such an order as is mentioned in paragraph (1) above, make an order requiring–
3. (3) The court shall not make an order under this regulation in respect of a breach of any such condition as is mentioned in paragraph (1)(b) above where it is s
4. (4) Where the public gas transporter fails to comply with an order made pursuant to paragraph (2) above within such time as may be specified in it or, in defaul
5. (5) Where the Secretary of State takes action in accordance with paragraph (4) above, that action shall be without prejudice to any consequences which may flow
18 · Offences
1. (1) Subject to paragraph (3) below, any person who intentionally or recklessly submits to the Secretary of State– which is false or misleading in a material par
2. (2) Subject to paragraph (3) below, a public gas transporter who– shall be guilty of an offence.
3. (3) It shall be a defence to a charge under paragraph (2)(a) above for the public gas transporter to show–
4. (4) A person guilty of an offence under this regulation shall on summary conviction be liable to a fine not exceeding the statutory maximum and on conviction on
5. (5) Where an offence under any provision of this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or
6. (6) Where the affairs of a body corporate are managed by its members, paragraph (5) above shall apply in relation to the acts or defaults of a member in connect
7. (7) No proceedings for an offence under this regulation shall be instituted in England and Wales except–
19 · Service of notices
1. (1) Any notice or other document required or authorised to be given to or served on any person under these Regulations may be given or served by–
2. (2) Any notice or other document required or authorised to be given to or served on any body corporate or unincorporated association other than a partnership sh
3. (3) Any notice or other document required or authorised to be given to or served on any partnership may be given to or served on a partner or a person having th
4. (4) Subject to paragraphs 5 and 6 below, for the purposes of this regulation, the proper address of any person to whom or on whom any such notice or document is
5. (5) If the person to be given or served with any such notice or document has furnished the person by whom the notice or document is to be given or served with a
6. (6) Any notice or other document relating to pipe-line works which is to be given to or served on a public gas transporter, who has for the purposes of section
20 · Review
1. (1) The Secretary of State must from time to time—
2. (2) The first report must be published before 16th May 2022.
3. (3) Subsequent reports must be published at intervals not exceeding 5 years.
4. (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 reasonab
5. (5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—
6. (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 secti
Schedule 1 · Information for the Environmental Statement
1. (1) A description of the proposed pipe-line works, including in particular:...
2. (2) A description of the reasonable alternatives (for example in terms...
3. (3) A description of the relevant aspects of the current state...
4. (4) A description of the factors set out in regulation 2A(2)(a)...
5. (5) A description of the likely significant effects of the proposed...
6. (6) A description of the forecasting methods or evidence, used to...
7. (7) A description of the measures envisaged to avoid, prevent, reduce...
8. (8) The description in paragraph 7 should explain the extent, to...
9. (9) A description of the expected significant adverse effects of the...
10. (10) Relevant information available and obtained through risk assessments pursuant to...
11. (11) In describing the matters in paragraph 9, the gas transporter...
12. (12) A non-technical summary of the information provided under paragraphs 1...
13. (13) A reference list detailing the sources used for the descriptions...
Schedule 2 · Matters to be taken into account in making an environmental determination or giving a direction under regulation 3(3)
1. (1) Characteristics of proposed pipe-line works
2. (2) Location of proposed pipe-line works
3. (3) Type and characteristics of the potential impact
Schedule 3 · Descriptions of pipe-line works for the purposes of regulation 3 (environmental statements)
1. Part 1 Descriptions of pipe-line works in respect of which an environmental statement is required
2. Part 2 Descriptions of pipe-line works in respect of which an environmental statement may be required

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 36

Show every defined term

additional information
means information which— (a) is made available to the Secretary of State— (a) after the date on which the application for consent accompanied by an environmental statement is received by the Secretary of State;
application for consent
means an application made by a gas transporter to the Secretary of State for his consent to the carrying out of proposed pipe-line works;
appropriate local planning authority
has the same meaning as in article 4(6) of the 1995 Order;
appropriate particulars
means, in relation to a request for an environmental determination or a request under regulation 7(1) (pre-application request to the Secretary of State etc.), the name and address of the gas transporter and a description of the proposed pipe-line works which— (a) includes— (a) the physical characteristics of the whole works, and where relevant, of demolition works;
appropriate register
means the register on which particulars of a planning application for the relevant pipe-line works would fall to be placed in the event of such an application being made;
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;
emergency works
means any works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent which are likely to cause danger to persons or property;
environmental impact assessment
means the process consisting of—
environmental statement
has the meaning set out in regulation 2B;
gas
means– (a) any substance in a gaseous state which consists wholly or mainly of– (a) methane, ethane, propane, butane, hydrogen or carbon monoxide;
Habitats Regulations Assessment
means an assessment under regulation 63 of the Conservation of Habitats and Species Regulations 2017 in respect of the proposed pipe-line works.
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, other than a small service pipe, within the meaning of section 65 of the Pipe-lines Act 1962 which is intended to convey gas;
pipe-line works
means the carrying out of building, engineering or other operations in land for the construction of a pipe-line, not being emergency works;
planning authority
means a council constituted under section 2 of the Local Government etc.
public gas transporter
means the holder of a licence under section 7(1) of the 1986 Act except where the holder is acting otherwise than for purposes connected with– (a) the carrying on of activities authorised by the licence;
public website
means a website accessible to the public where the public can view and download information placed on it;
register
means– (a) in relation to proposed pipe-line works in England and Wales, a register kept pursuant to section 69 (registers of applications etc.) of the Town and Country Planning Act 1990;
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).
relevant planning authority
means in the case of proposed pipe-line works the subject of– (a) a request for an environmental determination;
request for an environmental determination
means a request for an environmental determination which is made to the Secretary of State in writing and is accompanied by the appropriate particulars;
selection criteria
means the criteria set out in Schedule 2 to these Regulations;
sensitive area
means any of the following– (a) land notified under subsection (1) of section 28 (areas of special scientific interest) of the Wildlife and Countryside Act 1981;
small service pipe
means a pipe-line, other than a distribution main of a public gas transporter, not exceeding 500 metres in length which has a design operating pressure not exceeding 2 bar gauge and the purpose of which is the conveyance of gas from such a main to any premises, and includes part of any such pipe-line;
supplementary information
means information which is— (a) provided to the Secretary of State by the applicant in order to supplement the environmental statement;
the 1986 Act
means the Gas Act 1986;
the 1992 Order
means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992;
the 1995 Order
means the Town and Country Planning (General Permitted Development) Order 1995;
the 1999 Scottish EIA Regulations
means the Environmental Impact Assessment (Scotland) Regulations 1999;
the 2011 EIA Regulations
means the Town and Country Planning (Environmental Impact Assessment) Regulations 2011;
the 2017 Regulations
means the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017;
the court
means–
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;
the Gazette
means— (a) in relation to proposed pipe-line works along a route lying wholly in England and Wales, the London Gazette;
working width
means in relation to a proposed pipe-line, the area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for the construction or installation of the pipe-line.