Regulation 5 Application made without environmental statement
Where an application is made to the Secretary of State—
for any section 36 consent not falling within sub-paragraph (a) of regulation 3(2); or
for any section 36 consent falling within the said sub-paragraph (a), or for any section 37 consent, in a case where the Secretary of State determines that consideration of an environmental statement is required,
but the application is not accompanied by an environmental statement, the Secretary of State shall, within three weeks beginning with the date of receipt of the application, or within such longer period as the Secretary of State may agree with the applicant in writing, notify the applicant in writing that the submission of an environmental statement is required, giving full reasons for his conclusion.
Where an application is made to the Secretary of State for a pipe-line authorisation, and—
the application is not accompanied by an environmental statement;
the Secretary of State determines that consideration of an environmental statement is required; and
the Secretary of State gives notice to the applicant under paragraph 2 of Schedule 1 to the 1962 Act that the application is to be allowed to proceed,
the Secretary of State shall also notify the applicant in writing that the submission of an environmental statement is required, giving his full reasons for his conclusion.
The applicant may within three weeks beginning with the date of notification mentioned in paragraph (1) or paragraph (2) write to the Secretary of State to inform him that he proposes to provide an environmental statement.
If the applicant takes no action in accordance with paragraph (3) the consent or authorisation sought shall be deemed to be refused at the end of the three week period referred to in that paragraph.