(a) a plan sufficient to identify the site which is the subject of the proposed development;

(b) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment; and

(c) such further information or representations as the person making the request may wish to provide or make.

    (3) The Secretary of State, on receiving a request for a screening opinion shall, if he considers that he has not been provided with sufficient information to give an opinion, within three weeks of the receipt of the request by him give notice to the person making the request of the particular points on which he requires further information.

    (4) Where the Secretary of State considers that he has sufficient information he shall consult the local planning authority within whose area the land which is the subject of the proposed application is situated (or, in relation to a proposed development in, on, over or under the sea, such local planning authority or local planning authorities as he considers appropriate) as to its views on whether the proposed development is EIA development, unless the person requesting a screening opinion has already conveyed that authority's views to the Secretary of State.

    (5) A local planning authority shall give its views to the Secretary of State within three weeks of the date on which it was consulted under paragraph (4) (or such longer period as the Secretary of State may determine).

    (6) When the Secretary of State considers that he has sufficient information he shall give a screening opinion within three weeks of whichever is the latest of - 

(a) the date of receipt of the request by the Secretary of State;

(b) the date by which he has received all the further information required by him in a notice given under paragraph (3); and

(c) the date by which the local planning authority is required to give its views under paragraph (5) (or, if earlier, the date by which the Secretary of State has received the views of the local planning authority), or within such longer period as may be agreed in writing with the person making the request.

(a) a plan sufficient to identify the site which is the subject of the proposed development;

(b) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment; and

(c) such further information or representations as the person making the request may wish to provide or make.

    (3) The Secretary of State, on receiving a request for a scoping opinion shall, if he considers that he has not been provided with sufficient information to give an opinion, within three weeks of the receipt of the request by him give notice to the person making the request of the particular points on which he requires further information.

    (4) When the Secretary of State considers that he has sufficient information he shall consult - 

(a) the person making the request under paragraph (1);

(b) the appropriate consultative bodies; and

(c) any other person who in the opinion of the Secretary of State is likely to be concerned by the proposed development by reason of his specific environmental responsibilities, and give them three weeks (or such longer period as that person and the Secretary of State may agree) to make representations regarding the content of the scoping opinion.

    (5) The Secretary of State shall not give a scoping opinion until he is satisfied that the requirements for consultation provided for in paragraph (4) have been met and he has considered any representations received by him pursuant to such consultation regarding the scoping opinion which he proposes to give.

    (6) The Secretary of State shall give a scoping opinion within three weeks of whichever is the latest of - 

(a) the date of receipt of the request by the Secretary of State;

(b) the date by which he has received all the further information required by him in a notice given under paragraph (3); and

(c) the last date by which any person consulted under paragraph (4) is required to make representations (or if earlier, the date by which the Secretary of State has received the last of the representations of such persons), or within such longer period as may be agreed in writing with the person making the request for a scoping opinion.

    (7) Before giving a scoping opinion the Secretary of State shall, having regard to current knowledge and methods of assessment, take into account - 

(a) the specific characteristics of the proposed development;

(b) the specific characteristics of that type of development; and

(c) the environmental features likely to be affected.

(a) describe the application in question and state that it is accompanied by an environmental statement;

(b) state that copies of the environmental statement may be inspected at or obtained from an address in the locality in which the land to which the application relates is situated (or, if the proposed development is in, on, over or under the sea, an address in England and Wales) and specify the amount of any payment required to be paid for a copy of the environmental statement; and

(c) state a date, not less than four weeks after the date on which the notice is to be last published in accordance with paragraph (1), by which any person may make representations in relation to the application in question to the Secretary of State and specify the address to which any such representations are to be sent.

(a) by delivering it to the person on whom it is to be served or to whom it is to be given;

(b) by leaving it at the usual or last known place of abode of that person, or, in a case where an address for service has been given by that person, at that address;

(c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address; or

(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at its registered or principal office, or by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(a) the size of the development;

(b) the cumulation with other developments;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of development
     2. The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to - 

(a) a description of the physical characteristics of the whole development and the land-use requirements during the construction and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quality of the materials used; and

(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed development.

     2. A description of the aspects of the environment likely to be significantly affected by the development, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

     3. A description of the likely significant effects of the development on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development, resulting from - 

(a) the existence of the development;

(b) the use of natural resources; and

(c) the emission of pollutants, the creation of nuisances and the elimination of waste, and the description by the applicant of the forecasting methods used to assess the effects on the environment.

     4. A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

     5. A non-technical summary of the information provided under paragraphs 1 to 4 of this Part.

     6. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the applicant in compiling the required information.

(a) overhead electrical power lines with a voltage of 220 kilovolts or more and a length of more than 15 kilometres have been added to the list of projects for which environmental impact assessment (EIA) is mandatory;

(b) a case-by-case examination or determination set by reference to specified criteria is required in relation to every project of the types specified in Annex II to the Directive (Schedule 2 to these Regulations);

(c) advice on the content of an environmental statement must be given to any developer who requests it;

(d) the Secretary of State (a competent authority for the purposes of the Directive) must give reasons for his decision on granting or refusing development consent for a development for which EIA is required; and

(e) detailed procedures are established for consulting other European Economic Area States on projects which are likely to have significant environmental effects in their territories.

Regulations 3 and 4 of these Regulations (together with certain definitions in regulation 2(1) and with Schedules 1 and 2) set out what constitutes EIA development and prohibit the granting of consent under section 36 or 37 of the Electricity Act 1989 unless the Secretary of State has taken into account the environmental information (defined in regulation 2) which is before him. All development listed in Schedule 1 is EIA development. Development listed in Schedule 2 constitutes EIA development if it is likely to have significant effects on the environment. Other types of development which require consent under section 36 or 37 of the Electricity Act 1989 may also constitute EIA development if likely to have significant effects on the environment.

Regulations 5 and 6 set out the procedures for determining whether or not particular development is EIA development. A person who intends to put in an application for consent may apply for a "screening opinion" from the Secretary of State. If the Secretary of State determines that the development does constitute EIA development, he must notify the developer and provide a written statement, giving full reasons for his determination.

Regulation 7 enables a person to seek a "scoping opinion" from the Secretary of State on the information to be included in an environmental statement. The types of information which may be required are set out in Schedule 4 to these Regulations. The Secretary of State must consult those persons defined in regulation 2 as consultative bodies before adopting a scoping opinion.

Regulation 8 sets out procedures to facilitate the production of an environmental statement. The consultative bodies are notified of the proposed development and the name and address of the applicant, so that they may provide him with any information relevant to the environmental statement in accordance with regulation 15.

Regulation 9 sets out the procedures for publicity which the applicant is required to comply with. Regulation 10 sets out the procedures for publicising the opinions, determinations and decisions of the Secretary of State. Regulation 11 sets out the procedures for serving a copy of the environmental statement on the consultative bodies. Regulation 12 provides for consultation with other members of the European Economic Area.

Regulation 13 sets out the procedures whereby the Secretary of State may require further information from the applicant and regulation 14 sets out the procedures for publicity which the applicant is required to comply with in relation to any such further information.

Regulation 15 sets out the obligation of the consultative bodies, and any other person who the Secretary of State has specifically determined is to be consulted as part of the consultation process, to provide to the applicant information which is relevant to the environmental statement. Regulation 16 deals with service of notices and regulation 17 deals with revocation, transitional and savings.

A regulatory impact assessment has been placed in the Library of each House of Parliament and copies are available from Consents Planning Division, Department of Trade and Industry, Energy Policy, Technology, Analysis and Coal Directorate, 1 Victoria Street, London SW1H 0ET (telephone 020 7215 5000).