| Statutory Instruments 1999 No. 360 The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 - continued |
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Opinion by Secretary of State as to content of environmental statements
(ii) any environmental authority which the Secretary of State considers would be likely to be interested in the relevant project by reason of its particular environmental responsibilities;
(b) the Secretary of State is satisfied that a reasonable opportunity for making representations regarding the opinion he is minded to give has been afforded to the persons referred to in paragraph (2)(a) above; and
(3) An opinion given pursuant to paragraph (1) above shall be without prejudice to the power of the Secretary of State to request further information under regulation 10 below (provision to Secretary of State of further information and evidence respecting environmental statements) or regulation 11(5) below (further information in respect of environmental statements in relation to exercise of powers under licences by Secretary of State).
(b) but for the provisions of paragraphs (2) and (3) below, could not readily be obtained by the undertaker.
(2) On receipt of such an application as is mentioned in paragraph (1) above, the Secretary of State shall-
(b) provide to the undertaker the name and address of any environmental authority that he considers may have any such information; and (c) at the same time as he provides the name and address of any environmental authority to an undertaker, serve on that authority a notice which-
(ii) refers to the duty imposed on the authority by paragraph (3) below; and (iii) is accompanied by a copy of the application made by the undertaker under this regulation.
(3) Where a notice pursuant to paragraph (2)(c) above is served on an environmental authority by the Secretary of State, the authority shall, subject to paragraph (4) below, provide to the undertaker concerned, within the period specified in the notice, any information held by it which it considers is of the kind mentioned in paragraph (1) above.
(ii) a copy of the application for consent and the environmental statement that accompanied it; and (iii) a notice stating that representations may be made to the Secretary of State by a date specified in the notice which shall be at least 4 weeks after the date on which the application, environmental statement and notice were served on the authority;
(b) give notice to the Secretary of State of the name of every authority whom he has served under sub-paragraph (a) above, and of the date of such service;
(ii) a copy of the environmental statement that accompanied it;
(d) make available at an address within the United Kingdom enough copies of the environmental statement to be likely to satisfy all reasonable demands for copies pursuant to sub-paragraph (e) below;
(ii) gives the address referred to in sub-paragraph (c) above at which a copy of the application for consent and environmental statement may be inspected; (iii) states that a copy of the environmental statement may be obtained from the address referred to in sub-paragraph (d) above and, subject to paragraph (4) below, specifies the amount of any payment required to be tendered for the statement; and (iv) states a date not less than 4 weeks after the date on which the notice is to be last published by which any person may make representations in relation to the application in question to the Secretary of State and specifies the address to which any such representations are to be sent.
(3) The undertaker shall provide to the Secretary of State copies of the newspapers in which the notice referred to in paragraph (2)(f) above appeared.
(b) notify the Secretary of State of the name of every authority served with the information and notice referred to in sub-paragraph (a) above and the date of such service; (c) make available to the public the application for consent, the environmental statement and the information referred to in sub-paragraph (a) above in the same way as the application and environmental statement were previously made available for the period of 4 weeks immediately following the publication (or last publication) of the notice referred to in sub-paragraph (d) below; and (d) publish in such newspapers on such occasions as to be likely to come to the attention of those likely to be interested in, or affected by, the relevant project, a notice which-
(ii) gives the address at which a copy of the application for consent and environmental statement and further information may be inspected; (iii) states where a copy of the environmental statement and the additional information may be obtained and, subject to regulation 9(4) above (maximum payment for copy of environmental statement), specifies the amount of any payment required to be tendered for the copy; and (iv) states a date not less than 4 weeks after the date on which the notice is to be published (or last published) by which any person may make representations in relation to the application in question to the Secretary of State and specifies the address to which any such representations are to be sent.
(3) The undertaker shall provide to the Secretary of State copies of the newspapers in which the notice referred to in paragraph (2)(d) above appeared.
(b) the Secretary of State, being satisfied that-
(ii) having regard to the matters set out in Schedule 1 to these Regulations, the carrying out of the proposals is not likely to have a significant effect on the environment; and (iii) no member State has requested under regulation 12 below (projects affecting other States) to participate in the decision relating to the granting of the approval,
has given a direction in writing within the two years immediately preceding the submission of the proposals that they need not be accompanied by an environmental statement.
(3) The Secretary of State may revoke a direction given under paragraph (2) above.
(b) other than one falling within sub-paragraph (a) above which, having regard to the matters set out in Schedule 1 to these Regulations, he is not satisfied is not likely to have a significant effect on the environment,
he shall serve a notice on the licensee setting out details of the relevant project which he proposes that the licensee should be required to carry out and requiring the licensee to provide him with an environmental statement in respect of that project within such time as may be specified in the notice.
(b) an environmental statement is provided to the Secretary of State in compliance with a requirement imposed by virtue of paragraph (4) above,
regulations 9 (procedure on receipt of application for consent accompanied by environmental statement; publicity requirements; provision of environmental statements to public) and 10 (provision to Secretary of State of further information and evidence respecting environmental statements) above shall apply in respect of such an environmental statement in the same way as they apply to an application for a consent accompanied by an environmental statement save that references to the application for consent shall be treated as references to the proposals submitted by the licensee or, as the case may be, to the notice served pursuant to paragraph (4) above.
(b) any information of the kind referred to in regulation 10(2) (information omitted from environmental statement) as that regulation applies by virtue of paragraph (5) above; (c) the representations of any environmental authority sent a copy of the environmental statement in compliance with the requirements of regulation 9 above as it applies by virtue of paragraph (5) above; and (d) any opinions expressed by the public.
(7) Where under regulation 12(2) below (request by member State to participate in procedure under the Regulations in relation to relevant project affecting it) any other member State has requested to participate in the procedure pursuant to these Regulations in relation to the decision whether to grant an approval or impose a relevant requirement in respect of a relevant project, the Secretary of State shall not grant an approval or impose a relevant requirement in respect of that project unless-
(b) he has communicated to that member State the response that he proposes to make to the application for approval or, as the case may be, the relevant requirement he is minded to impose (including in either case information as to any measures envisaged to reduce or eliminate any trans-boundary effects of the project); (c) he is satisfied that-
(ii) a reasonable time has been allowed for the consultation of the persons referred to in sub-sub-paragraph (i) above and for any representations made by them regarding the relevant project to be forwarded to the Secretary of State; and (iii) any timetable agreed with that member State regarding consultation with the persons referred to in sub-sub-paragraph (i) above has been observed; and
(d) he has taken into consideration any representations made by the member State, members of the public and authorities in that member State and any information regarding the relevant project supplied by any of them.
(8) Where, having considered the matters referred to in paragraphs (6) and (7) above, the Secretary of State approves any proposals of the kind referred to in paragraph (1) above or imposes any relevant requirement, he may (to the extent that he has no power to do so apart from this paragraph (8)) attach conditions to that approval or requirement for the purpose of reducing or eliminating any significant adverse effects of the relevant project referred to in those proposals.
(b) particulars of the exercise by the Secretary of State of any powers pursuant to a licence requiring the carrying out of a relevant project in respect of which an environmental statement was submitted to the Secretary of State; or (c) any decision that an environmental statement is not to be required in connection with the giving of an approval or the imposition of a relevant requirement.
(10) Upon the publication in the Gazettes referred to in paragraph (9) above, the Secretary of State shall inform any EEA State which has, pursuant to regulation 12 below (projects affecting other States), been provided with a copy of the environmental statement, of the approval of the proposals or, as the case may be, of the imposition of the relevant requirement.
(b) a written notification explaining the nature of the decision to be taken as to whether or not to grant consent in respect of the relevant project and informing the member State in question that it may within such reasonable period as may be specified in the notification request to participate in the procedure relating to the taking of the decision pursuant to these Regulations.
(2) Where any other member State requests to participate in the procedure under these Regulations in relation to a relevant project, the Secretary of State shall, save to the extent that he has not already done so, send to that member State-
(b) the environmental statement relating to that project; and (c) to the extent that it is not included in the items referred to in sub-paragraph (a) or (b) above and subject to paragraph (4) below, any other available information which is relevant to that project.
(3) Where it appears to the Secretary of State that the carrying out of a relevant project would be likely to have a significant effect on the environment of an EEA State other than a member State or any such EEA State which considers that its environment is likely to be significantly affected by that project so requests, the Secretary of State shall forward to the State in question the environmental statement relating to that project at the same time as it is made available to the public pursuant to these Regulations or where a request is made after the date on which the environmental statement is made available to the public, as soon as reasonably practicable after receipt of the request by the Secretary of State.
(b) specify what information collected pursuant to sub-paragraph (a) above is to be made available to the public and the manner in which it is to be made available; (c) specify the extent to which these Regulations are to apply or that they are not to apply at all; and (d) include a statement of his reasons for giving the direction.
(4) A direction given by the Secretary of State in pursuance of paragraph (1) above may disapply such provisions of these Regulations as may in the circumstances appear to him to be appropriate. |
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