Statutory Instruments 1999 No. 1672
The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999
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Pre-application requests to the Secretary of State for an opinion as to content of environmental statement
     7.  - (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 before applying to the Secretary of State for his consent to the carrying out of proposed pipe-line works, makes a request to the Secretary of State accompanied by the appropriate particulars for the Secretary of State's opinion in writing as to the information to be provided in the environmental statement to be submitted by the public gas transporter to the Secretary of State under these Regulations.

    (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) 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 enable him to give an opinion on the questions raised or to consult in accordance with paragraph (2)(b) above, notify the public gas transporter making the request of the particular points on which he requires further information.

    (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 as the Secretary of State may reasonably require.

    (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 4 weeks after the date on which they were consulted under paragraph (2)(b) above.

    (6) The Secretary of State shall give an opinion in response to a request under paragraph (1) above no later than 4 weeks after whichever is the latest of-

or by such later date as may be agreed in writing with the public gas transporter.

    (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 gas transporter to whom that opinion was given further information in connection with any environmental statement that may be submitted by the public gas transporter in connection with the same, or substantially the same, pipe-line works as were referred to in the request.

Availability of directions, determinations etc. for inspection
    
8. Where the Secretary of State sends a relevant planning authority a copy of a direction made pursuant to regulation 3(3) above or an environmental determination made pursuant to regulation 6(1) above, the relevant planning authority shall ensure that a copy of the determination or direction and the documents sent with it are as soon as reasonably practicable made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant section of that register) is kept and that all such copies remain so available for a period of two years.

Provision of information
    
9.  - (1) Where the Secretary of State determines in response to a request for an environmental determination that proposed pipe-line works are EIA development, receives a notice of preparation of environmental statement or directs that such a statement be prepared pursuant to regulation 3(3) above, he shall,

    (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 environmental statement shall, if so requested in writing by the public gas transporter, enter into consultation with the public gas transporter to determine whether the body has in its possession any information which it or the public gas transporter considers relevant to the preparation of an environmental statement and which, but for the provisions of this paragraph, could not readily be obtained by the public gas transporter, and if it has such information, the body shall make it available to the public gas transporter.

    (3) A reasonable charge reflecting the cost of making the relevant information available may be made by any body supplying it.

    (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 any obligation of confidentiality.

Publicity for environmental statements
    
10.  - (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, accompanied by an environmental statement relating to those works, the following provisions of this regulation shall apply.

    (2) The public gas transporter shall serve on the consultation bodies,

and he shall inform the Secretary of State in writing of the names and addresses of every such body on whom he has served copies, and the dates on which they were served, in each case no later than 7 days after the date of such service.

    (3) The public gas transporter shall publish in two successive weeks in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out a notice stating-

    (4) The public gas transporter shall also publish a copy of the notice referred to in paragraph (3) above in the London or the Edinburgh Gazette, or in both of them, as appropriate, depending on the location of the proposed pipe-line works.

    (5) The public gas transporter shall-

    (6) The relevant planning authority shall make available premises at which copies of the application for consent and the environmental statement may be inspected by members of the public free of charge at all reasonable hours for a period commencing on the date of first publication notified to it by the public gas transporter in accordance with paragraph (5)(a) above and expiring on the date stated in accordance with paragraph (3)(d) above.

    (7) The public gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes in which the notices referred to in paragraphs (3) and (4) above appeared in each case no later than 7 days after the date of publication of those newspapers or Gazettes.

Further information and evidence respecting environmental statements
    
11.  - (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 such statement such further information as he may specify.

    (2) Where, in the opinion of the Secretary of State, any of the information provided pursuant to a requirement imposed under paragraph (1) above ought to have been included in the environmental statement in question, the Secretary of State shall notify the public gas transporter and the relevant planning authority in writing accordingly, specifying the information in question, and the provisions of paragraphs (3) to (7) below shall apply in respect of such information.

    (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 previously served on that body and stating that further representations may be made in writing to the Secretary of State by a date specified in the notice which shall be at least 28 days after the date on which the further information and notice were served on the body and the public gas transporter shall inform the Secretary of State in writing of the names and addresses of every such body on whom he has served those documents, and the dates on which they were served.

    (4) The public gas transporter and the relevant planning authority shall make available to the public copies of the application for consent, the environmental statement and the further information in the same way as they each previously made available the application and the environmental statement for the period commencing on the date of first publication of the notice referred to in paragraph (5) below and expiring on a date not less than 28 days after the date on which the notice is to be last published, in each case whether pursuant to paragraph (5) or (6) below.

    (5) The public gas transporter shall publish in two successive weeks in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out a notice-

    (6) The public gas transporter shall also publish a copy of the notice referred to in paragraph (5) above in the London or the Edinburgh Gazette, or in both of them, as appropriate, depending on the location of the proposed pipe-line works.

    (7) The public gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes in which the notices referred to in paragraphs (5) and (6) above appeared in each case no later than 7 days after the date of publication of those newspapers and Gazettes.

    (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 contained in the public gas transporter's environmental statement.

Charges
    
12. A public gas transporter may make-

conditional on the receipt by the public gas transporter, in relation to each supply, of a reasonable sum (in case of dispute, to be determined by the Secretary of State) calculated by reference to the cost of printing and distributing copies of the statement or further information, as the case may be.

Projects affecting other States
    
13.  - (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 environmental determination that proposed pipe-line works are EIA development, or receives a notice of preparation of environmental statement or directs that an environmental statement be prepared pursuant to regulation 3(3) above and-

the Secretary of State shall send the member State in question as soon as possible and no later than the date on which the environmental statement in respect of the proposed pipe-line works is made available to the public (except in a case where a request is made by a member State after that date)-

    (2) Where another member State requests to participate in the procedure under these Regulations in relation to particular proposed pipe-line works, the Secretary of State shall-

    (3) Where it appears to the Secretary of State that the carrying out of any proposed pipe-line works of the kind referred to in paragraph (1) above would be likely to have a significant effect on the environment of an EEA State other than a member State or such EEA State which considers that its environment is likely to be significantly affected by such works so requests, the Secretary of State shall send the State in question the environmental statement relating to the pipe-line works in question 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.

    (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 of Great Britain subject to any obligation of confidentiality.

    (5) Where the Secretary of State notifies a public gas transporter that the provisions of paragraph (1) or (3) of this regulation apply in respect of a particular application for consent under these Regulations, the public gas transporter, in any case where he has not already done so, shall not make available to the public in accordance with regulation 10 above (publicity for environmental statement) the items referred to in that regulation until the Secretary of State has notified the public gas transporter that he has sent to the EEA State concerned the information referred to either in paragraph (1)(i) and (ii) above or paragraph (3) above, as appropriate.

Consent to pipe-line works
    
14.  - (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 the carrying out of proposed pipe-line works, the Secretary of State-

may, subject to paragraph (2) below, consent to the carrying out of the proposed pipe-line works either unconditionally or subject to such conditions as he considers appropriate or refuse consent to such works and shall state in his decision that he has taken the matters mentioned in sub-paragraph (b) above into consideration.

    (2) In any case where another member State has, in relation to an application for consent for particular proposed pipe-line works, requested in accordance with regulation 13(2) above to participate in the procedure under these Regulations, the Secretary of State shall not grant any consent for such works pursuant to paragraph (1) above unless he-

    (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 expiration of five years beginning with the date on which the consent is given unless the pipe-line works to which it relates have been substantially begun before the expiration of that period.

    (4) The Secretary of State shall-

    (5) The public 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 publishing a notice in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out stating-

and the public gas transporter shall satisfy all reasonable requests made during the period mentioned in sub-paragraph (b) above for copies of the statement referred to in paragraph (4)(b) above.

    (6) The public gas transporter shall provide the Secretary of State with copies of each of the newspapers in which the notices referred to in paragraph (5) above appeared in each case by a date no later than 7 days after the date of publication of those newspapers.

    (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 take steps to ensure that a copy of the statement is as soon as reasonably practicable made available for public inspection at all reasonable hours and free of charge at the place where the appropriate register (or relevant section of that register) is kept and that such copy remains so available for a period of two years.

Applications to court
    
15.  - (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 State) below, the expression "the court" means-

    (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 those areas shall have jurisdiction in relation to any question arising under regulation 16 or 17 below.

Application to court by person aggrieved
    
16.  - (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 Secretary of State of the condition where it is satisfied that the consent was granted or, as the case may be, the condition was attached in contravention of regulation 14(1)(b) above (consideration of environmental statement etc.) or that the interests of the applicant have been substantially prejudiced by a failure to comply with any other requirement of these Regulations.

    (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 details of the consent or, as the case may be, the relevant condition pursuant to regulation 14(5) above.

    (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 case may be, the relevant condition on such terms as it may think fit.

 
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Prepared 28 June 1999