{
  "url": "https://openlegislation.uk/infrastructure-planning-environmental-impact-assessment-regulations-2017/note",
  "json_url": "https://openlegislation.uk/infrastructure-planning-environmental-impact-assessment-regulations-2017/note.json",
  "legislation": "uksi/2017/572",
  "legislation_title": "The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/infrastructure-planning-environmental-impact-assessment-regulations-2017",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations consolidate with amendments the provisions of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (“the 2009 Regulations”) and subsequent amending instruments.\nThese Regulations also implement amendments to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (“the Directive”) which were made by Directive 2014/52/EU .\nThese Regulations implement the requirements of the Directive for environmental impact assessment (‘EIA’) procedures in the context of the nationally significant infrastructure regime which extends to England and Wales and for limited purposes to Scotland. To the extent that these Regulations implement the Directive in relation to this regime, they extend to Wales and Scotland.\nThe main changes from the 2009 Regulations are:\n— to the circumstances in which a project may be exempt from the EIA process;\n— the introduction of co-ordinated procedures for projects which are also subject to assessment under Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora or Directive 2009/147/EC of the European Parliament and of the Council on the conservation of Wild Birds ;\n— to the list of environmental factors to be considered as part of the EIA process;\n— to the information to be provided to inform a screening decision and the criteria to be applied when making a screening decision;\n— to the way in which an environmental statement is to be prepared, including an amendment to the information to be included in it, the introduction of a requirement that it be based upon a scoping opinion (where one has been obtained) and a requirement that it be prepared by a competent expert;\n— to the means by which the public is to be informed of projects which are subject to the EIA process; and\n— a requirement for decision-makers to avoid conflicts of interest.\nThese Regulations were notified to the European Commission in accordance with Article 2 of Directive 2014/52/EU .\nIt is normal practice to make available to Parliament, alongside primary or secondary legislation giving effect to European Directives, a Transposition Note that sets out how the Government will transpose the main elements of those Directives into UK law. The Transposition Note accompanying the Explanatory Memorandum to these Regulations is available from legislation.gov.uk.\nA full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "S.I. 2009/2263, amended by S.I. 2011/988, 2011/1043, 2011/2741, 2012/635, 2012/787."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "OJ No. L 26, 28.1.2012, p. 1-21."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "OJ No. L 124, 25.4.2014, p. 1-18."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "OJ No. L 206, 22.7.1992, p.7."
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    {
      "type": "M",
      "label": "M5",
      "text": "OJ No. L 20, 26.1.2010, p. 7."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "OJ No. L 124, 25.4.2014, p. 1-18."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/572/note",
    "retrieved_at": "2026-10-28T23:11:14.242616+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}