| Statutory Instruments 1999 No. 1672 The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 - continued |
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Pre-application requests to the Secretary of State for an opinion as to content of environmental statement
(ii) the specific characteristics of pipe-line works of the type concerned; (iii) the environmental features likely to be affected by the pipe-line works; and (iv) the extent to which the public gas transporter who made the request under paragraph (1) above may reasonably be required to compile the information, having regard, inter alia, to current knowledge and methods of assessment, and
(b) consulted the public gas transporter who made the request and the consultation bodies.
(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.
(b) the date of receipt by him of further information pursuant to a notice under paragraph (3) above; or (c) the expiry of the period for the public gas transporter and the consultation bodies to give their views to the Secretary of State in accordance with paragraph (5) above, or, if earlier, the date by which he has received the views of the public gas transporter and all the consultation bodies consulted under paragraph (2)(b) above,
or by such later date as may be agreed in writing with the public gas transporter.
(b) inform the public gas transporter in writing of the names and addresses of the bodies so notified.
(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.
(b) 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 28 days after the date on which the application and environmental statement were served on the body,
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.
(b) the location and the nature of the proposed pipe-line works; (c) that an environmental statement has been prepared and that a copy of it and of the application for consent may be inspected by members of the public at all reasonable hours; (d) the address of the relevant planning authority premises referred to in paragraph (6) below at which those documents may be inspected and the latest date (being a date not less than 28 days after the date on which the notice is to be last published, whether pursuant to this paragraph or paragraph (4) below) on which they will be available for inspection; (e) the address in Great Britain referred to in paragraph (5)(b) below at which copies of the application for consent and environmental statement may be obtained and that copies of the environmental statement may be obtained there and, subject to regulation 12 (charges) below, specifying the amount of any charge to be made for a copy of the statement; and (f) that any person wishing to make representations in relation to the application should make them in writing to the Secretary of State by the date stated in accordance with sub-paragraph (d) above and specifying the address to which any such representations should be sent.
(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.
(b) make available at an address in Great Britain enough copies of the environmental statement to be likely to satisfy all reasonable demands for copies pursuant to paragraph (3)(e) above; and (c) subject to sub-paragraph (b) above and to the receipt by the public gas transporter of any sum referred to in paragraph (3)(e) above, supply during the period referred to in paragraph (6) below to any person on request a copy of the environmental statement.
(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.
(b) stating that a copy of the application, environmental statement and further information may be inspected by members of the public at all reasonable hours; (c) giving the address at which copies of those documents may be inspected and the latest date (being a date not less than 28 days after the date on which the notice is to be last published, whether pursuant to this paragraph or paragraph (6) below) on which they will be available for inspection; (d) giving the address at which copies of the environmental statement and further information may be obtained and stating that copies of those documents may be obtained there and, subject to regulation 12 (charges) below, specifying the amount of any charge to be made for a copy of the statement or information; and (e) stating that any person wishing to make representations about the application should make them in writing to the Secretary of State by a date not less than 28 days after the date on which the notice is to be last published, whether pursuant to this paragraph or paragraph (6) below and specifying the address to which any such representations should be sent.
(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.
(b) the supply to the consultation bodies of any copy, in excess of one, of an environmental statement or any further information in accordance with regulations 10(2) or 11(3) above,
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.
(b) another member State which considers its environment is likely to be significantly affected by such works so requests,
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)-
(ii) a notice explaining the nature of the decision to be taken as to whether or not to grant consent for the carrying out of the proposed pipe-line works and informing the member State in question that it may within such reasonable period as may be specified in the notice request to participate in the procedure relating to the taking of the decision pursuant to these Regulations.
(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-
(ii) the environmental statement in respect of the proposed pipe-line works; and (iii) to the extent that it is not included in the items referred to in sub-sub-paragraph (i) or (ii) above and subject to paragraph (4) below, any other available information which is relevant to the procedure under these Regulations; and
(b) enter into consultations with the member State concerned, for such reasonable period as may have been agreed with that member State, regarding, inter alia, the possible significant effects of the proposed pipe-line works on the environment of that member State and the measures envisaged to reduce or eliminate such effects.
(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.
(b) after considering-
(ii) any information in respect of the proposed pipe-line works of the kind referred to in regulation 11(2) above (further information which ought to have been included in the environmental statement); (iii) any representations made by the consultation bodies in respect of the proposed pipe-line works; and (iv) any opinions expressed by the public; and
(c) after having regard both to the effect of the proposed pipe-line works on the environment and to the desirability of those works being carried out in the interests of the development and maintenance of an efficient and economical system for the conveyance of gas as respects the public gas transporter's authorised area,
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.
(b) has communicated to that member State the response that he proposes to make to the application for consent (including information as to any measures envisaged to reduce or eliminate any possible significant effects of the proposed pipe-line works on the environment of the other member State); (c) is satisfied that-
(ii) an opportunity has been afforded to the public in that member State and to those authorities which by reason of their particular environmental responsibilities in that member State are likely to be interested in the proposed pipe-line works to forward to the Secretary of State within a reasonable time representations regarding the information referred to in regulation 13(1) and (2)(a) above (information to be supplied to other member States); and
(d) 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 proposed pipe-line works supplied by any of them.
(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.
(b) provide to such persons together with the notification mentioned in sub-paragraph (a) above a statement containing-
(ii) the main reasons and considerations upon which the decision is based; (iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the proposed pipe-line works.
(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-
(b) an address in Great Britain at which copies of the statement by the Secretary of State referred to in paragraph (4)(b) above may be obtained and that such copies may be obtained free of charge during a period of not less than 8 weeks immediately following the date on which the notice is to be last published,
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.
(b) in respect of proposed pipe-line works in Scotland, the Court of Session.
(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.
(b) the attaching by the Secretary of State of a condition to such a consent under paragraph (1) of that regulation,
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. |
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