The Pipe-line Works (Environmental Impact Assessment) Regulations 2000

Interpretation

2.  In these Regulations—

• “the 1962 Act" means the Pipe-lines Act 1962 M1 ;

• [F1 “additional information” means information which—

  (a)

  is made available to the Secretary of State—

  (i)

  after the date on which the EIA application, accompanied by the environmental statement, is received by the Secretary of State; and

  (ii)

  before his decision on whether to grant a pipe-line construction authorisation pursuant to regulation 3(2) or (3) below;

  (b)

  is of material relevance to the environmental statement; and

  (c)

  is not further information or supplementary information;]

• “applicant" means a person making an EIA application, and “prospective applicant" shall be construed accordingly;

• [F2 “appropriate particulars” means the name and address of the applicant or prospective applicant and a description of the relevant pipe-line works which—

  (a)

  includes—

  (i)

  the physical characteristics of the whole works, and where relevant, of demolition works;

  (ii)

  the location of the works with particular regard to the environmental sensitivity of the geographical areas likely to be affected by the works;

  (iii)

  the aspects of the environment likely to be significantly affected by the works;

  (iv)

  any likely significant effects, to the extent of the information available on such effects, of the works on the environment resulting from—

  (aa)

  the expected residues and emissions and the production of waste, where relevant; and

  (bb)

  the use of natural resources, in particular soil, land, water and biodiversity;

  (b)

  takes into account the matters set out in Schedule 2 (matters to be taken into account in making an environmental determination etc.) and, where relevant, the results of other assessments of the effects on the environment carried out pursuant to EU legislation other than the Directive; and

  (c)

  may also include any features of the relevant pipe-line works or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment;]

• “business day" means any day except a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971 M2 ;

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

• “the consultation bodies", in relation to relevant pipe-line works, means—

  (a)

  the relevant planning authority;

  (b)

  in the case of relevant pipe-line works in England, the Countryside Agency M3 , the Nature Conservancy Council for England M4 and the Environment Agency M5 ;

  (c)

  in the case of relevant pipe-line works in Scotland, Scottish Natural Heritage M6 and the Scottish Environment Protection Agency M7 ;

  (d)

  in the case of relevant pipe-line works in Wales, [F3 the Natural Resources Body for Wales]; [F4 and

  (e)

  any other body designated by statutory provision as having specific environmental responsibilities which the Secretary of State considers is likely to have an interest in the pipe-line works in question;]

• “contravention" includes a failure to comply;

• [F5 “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment;]

• [F6 “EEA State” means a member State, Norway, Iceland or Liechtenstein;]

• “EIA application" means an application for a pipe-line construction authorisation in respect of relevant pipe-line works;

• “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;

• [F7 “environmental impact assessment” shall be interpreted in accordance with regulation 2A;]

• [F7 “environmental statement” has the meaning set out in regulation 2B;]

• [F8 “further information” is to be construed in accordance with regulation 8(1);]

• “the Gazette" has the same meaning as in paragraph 3(2) of the First Schedule to the 1962 Act;

• “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;

• “local planning authority" means an authority which is a local planning authority for the purposes of the Town and Country Planning Act 1990 M8 ;

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

• “pipe-line" means a pipe-line within the meaning of section 65 of the 1962 Act the purpose of which is the conveyance of oil, gas or chemicals;

• “pipe-line construction authorisation" means an authorisation for the construction of a cross-country pipe-line granted under section 1(1) of the 1962 Act;

• “pipe-line works" means the carrying out of building, engineering or other operations in land for the construction of a pipe-line;

• “planning authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M9 ;

• “public notice period" means, in relation to an application for a pipe-line construction authorisation, the period stated in the notices required to be published by the applicant under paragraph 3 of the First Schedule to the 1962 Act within which objections to the application can be sent to the Secretary of State;

• [F9 “public website” means a website accessible to the public where the public can view and download information placed on it.]

• “relevant planning authority" means, in the case of relevant pipe-line works, each local planning authority or planning authority within whose area any of the works are proposed to be carried out;

• [F10 “relevant pipe-line works” means pipe-line works to which section 1(1) of the 1962 Act applies in respect of—

  (a)

  any pipe-line which is intended to convey oil or gas;

  (aa)

  [F11 any pipe-line which is intended to convey carbon dioxide streams for the purposes of geological storage, including associated booster stations;]

  (c)

  any pipe-line exceeding 40 kilometres in length and 800 millimetres in diameter which is intended to convey chemicals; or

  (d)

  any extension to a pipe-line which would in itself fall within sub-paragraph (b) above; and]

• [F12 “supplementary information” means information which is—

  (a)

  provided to the Secretary of State by the applicant in order to supplement the environmental statement; and

  (b)

  submitted to the Secretary of State no later than 14 days after the date of receipt by the Secretary of State of the environmental statement.]

Textual Amendments

F1 Words in reg. 2 inserted (20.8.2007) by The Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1992), regs. 1, 4(a) (with reg. 12)

F2 Words in reg. 2 substituted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 46(a) (with reg. 58)

F3 Words in reg. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 131(2) (with Sch. 7)

F4 Words in reg. 2 inserted (20.8.2007) by The Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1992), regs. 1, 4(b) (with reg. 12)

F5 Words in reg. 2 inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 46(b) (with reg. 58)

F6 Words in reg. 2 substituted (20.8.2007) by The Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1992), regs. 1, 4(c) (with reg. 12)

F7 Words in reg. 2 substituted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 46(c) (with reg. 58)

F8 Words in reg. 2 inserted (20.8.2007) by The Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1992), regs. 1, 4(d) (with reg. 12)

F9 Words in reg. 2 inserted (16.5.2017) by The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 46(d) (with reg. 58)

F10 Words in reg. 2 substituted (20.8.2007) by The Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1992), regs. 1, 4(e) (with reg. 12)

F11 Words in reg. 2 inserted (E.W.S.) (16.11.2011) by The Storage of Carbon Dioxide (Amendment of the Energy Act 2008 etc.) Regulations 2011 (S.I. 2011/2453), regs. 1(1), 14(2) (with reg. 15)

F12 Words in reg. 2 inserted (20.8.2007) by The Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1992), regs. 1, 4(f) (with reg. 12)

Marginal Citations

M1 1962 c. 58.

M2 1971. c. 80.

M3 See section 1(1) of the National Parks and Access to the Countryside Act 1949 (c. 97), as substituted by the Environmental Protection Act 1990 (c. 43), section 130 and Schedule 8, paragraph 1 and as amended by S.I. 1999/416.

M4 See section 128 of the Environmental Protection Act 1990.

M5 See section 1(1) of the Environment Act 1995 (c. 25).

M6 See section 1 of the Natural Heritage (Scotland) Act 1991 (c. 28).

M7 See section 20 of the Environment Act 1995.

M8 1990 c. 8.

M9 1994 c. 39.