Statutory Instrument 1999 No. 1672

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

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STATUTORY INSTRUMENTS

1999 No. 1672
GAS
PIPE-LINES
The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

	Made	12th June 1999
	Laid before Parliament	15th June 1999
	Coming into force	15th July 1999

The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] 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, 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 15th July 1999.

    (2) These Regulations do not extend to Northern Ireland.

    (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 Schedule 2 to the 1995 Order or specified in Class 39(1)(a) of Part 13 of Schedule 1 to the 1992 Order, as appropriate, but do not apply to any such pipe-line works-

Interpretation
2. - (1) In these Regulations-

"the 1986 Act" means the Gas Act 1986[

"appropriate particulars" means, in relation to a request for an environmental determination or a request under regulation 7(1) below (pre-application opinion on content of environmental statement),-

"authorised area", in relation to a public gas transporter, means so much of any area specified in the licence granted to the transporter concerned under section 7 of the 1986 Act or an extension of such licence as is not specified in a subsequent licence or extension granted under that section to another person;

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

"the consultation bodies", in relation to proposed pipe-line works, means-

"distribution main", in relation to a public gas transporter, means any main of the transporter through which the transporter is for the time being distributing gas and which is not being used only for the purpose of conveying gas in bulk;

"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;

"EIA development" means pipe-line works which are likely to have significant effects on the environment by virtue of factors such as their nature, size or location;

"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 determination", in relation to any proposed pipe-line works, means a determination by the Secretary of State as to whether the proposed works are EIA development;

"environmental statement" means a statement prepared in respect of proposed pipe-line works which includes-

"gas" means-

(b) any other substance in a gaseous state which is gaseous at a temperature of 15°C and a pressure of 1013.25 millibars and is specified in an order made by the Secretary of State under the 1986 Act[17];

"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;

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

"notice of preparation of environmental statement", in relation to proposed pipe-line works, means a notice to the Secretary of State-

"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;

(c) the conveyance through pipes of gas which is in the course of being conveyed to or from a country or territory outside Great Britain;

"register" means-

and in each case, "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;

"relevant planning authority" means in the case of proposed pipe-line works the subject of-

as the case may be, each local planning authority or planning authority within whose area any of the works are proposed to be carried out;

"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-

"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;

"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.

    (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 direction under regulation 3(3) below (direction that an environmental statement is required) after the works in question have already been commenced, references to any pipe-line works necessary for the completion of those works.

Environmental statements
     3. - (1) Subject to paragraph (5) and regulations 4 (pipe-line works subject to planning permission in England and Wales) and 5 (pipe-line works subject to planning permission in Scotland) below, where a public gas transporter proposes to carry out any pipe-line works of the kind described in Part 1 of Schedule 3 to these Regulations, he shall not commence such works without first giving the Secretary of State a notice of preparation of environmental statement.

    (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 2 of Schedule 3 to these Regulations, he shall not commence such works unless either-

(a) in response to a request from the public gas transporter, the Secretary of State has made an environmental determination and such determination has not at the time of commencement of such works ceased to have effect in accordance with regulation 6(8) below (determination to cease to have effect where works not commenced within 5 years), or

(b) the public gas transporter has given the Secretary of State a notice of preparation of environmental statement.

(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 appears to the Secretary of State, having taken into account the selection criteria, that a public gas transporter proposes to carry out or is carrying out any pipe-line works which are EIA development, and the public gas transporter has not given a notice of preparation of environmental statement, the Secretary of State shall-

(a) giving his reasons for his opinion, in writing direct the public gas transporter to prepare an environmental statement, and

(b) send a copy of the direction to the relevant planning authority and to such other persons as he thinks fit, together with, where necessary, documents sufficient to identify the proposed pipe-line works and the land in which the proposed pipe-line works would be carried out.

(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 is carrying out such works and such other persons as he thinks fit.

(5) Where-

(a) the Secretary of State determines in response to a request for an environmental determination that the pipe-line works in question are EIA development,

(b) the Secretary of State directs that an environmental statement be prepared pursuant to paragraph (3) above, or

(c) the public gas transporter gives the Secretary of State a notice of preparation of environmental statement,

the public gas transporter shall not commence or continue the pipe-line works in question without first making an application for and obtaining the consent of the Secretary of State under regulation 14 below (consent to pipe-line works) to the carrying out of those works.

(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 addressed to the Secretary of State, shall be accompanied by a copy of the environmental statement and shall include, or be accompanied by documents containing, the following information-

(a) the name and address of the public gas transporter;

(b) the location of the proposed pipe-line works; and

(c) a brief description of the nature and purpose of the proposed pipe-line works and of the main environmental consequences referred to in the environmental statement relating to the works.

Pipe-line works subject to planning permission in England and Wales
     4. - (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 any pipe-line works in relation to which a direction has been given pursuant to article 4(1) of the 1995 Order that the planning permission granted by article 3 of that Order shall not apply.

    (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 State under that Order shall not be treated for the purposes of this regulation as having been given until the date on which notice of such approval is served, or first published, as the case may be, by the authority in accordance with the provisions of article 5 of the 1995 Order.

    (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) above (direction that an environmental statement is required) before the date on which a direction pursuant to article 4(1) of the 1995 Order is given, that determination or direction shall, notwithstanding any provisions to the contrary in the 1999 EIA Regulations,

(a) be conclusive for the purposes of those Regulations of the question of whether the pipe-line works in question are, or are not, EIA development within the meaning of the 1999 EIA Regulations; and

(b) be treated for the purposes of those Regulations as if it were a direction by the Secretary of State under regulation 6 of the 1999 EIA Regulations.

Pipe-line works subject to planning permission in Scotland
     5. - (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 any pipe-line works in relation to which a direction has been given pursuant to article 4(1) of the 1992 Order that the planning permission granted by article 3 of that Order shall not apply.

    (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 shall not be treated for the purposes of this regulation as having been given until the date on which notice of such approval is served, or first published, as the case may be, by the planning authority in accordance with the provisions of article 5 of the 1992 Order.

    (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) above (direction that an environmental statement is required) before the date on which a direction pursuant to article 4(1) of the 1992 Order is given, that determination or direction shall, notwithstanding any provisions to the contrary in the 1988 Scottish EIA Regulations,

(a) be conclusive for the purposes of those Regulations of the question of whether consideration of environmental information within the meaning of regulation 2 of those Regulations is required before planning permission for the pipe-line works in question could be granted; and

(b) be treated for the purposes of these 1988 Scottish EIA Regulations as if it were a direction by the Secretary of State under regulation 9 of those Regulations.