Regulation 4 Directions that no environmental statement need be prepared

(1)

Where—

F1(a)

no direction under paragraph (1A) is in force in respect of the relevant pipe-line works and a prospective applicant makes an application containing the appropriate particulars in respect of those works to the Secretary of State for the exercise the power conferred on the Secretary of State by sub-paragraph (b); and

(b)

the Secretary of State is satisfied that either—

(i)

the carrying out of the relevant pipe-line works described in that application; or

(ii)

the carrying out of the relevant pipe-line works as modified or carried out in a particular way or carried out at a particular time,

is not likely to have a significant effect on the environment, he may, subject to paragraph (4) below, give a direction that any EIA application made while the direction remains in force in respect of those relevant pipe-line works or those relevant pipe-line works as modified or to be carried out in the manner or at the time specified in the direction need not be accompanied by an environmental statement.

F2(1A)

If the Secretary of State considers that a relevant pipe-line works is highly likely to have a significant effect on the environment given the environmental sensitivity of the location of the works, the Secretary of State may direct that no application may be made under paragraph (1) in respect of those works and that an environmental statement shall be required before the Secretary of State can agree to the grant of a pipe-line construction authorisation in respect of those works.

(2)

In deciding whether or not to give a direction under paragraph (1) above, the Secretary of State shall consult the relevant planning authority and take into consideration such of the matters set out in Schedule 2 to these Regulations as appear to him to be relevant F3and the results of any preliminary determinations or assessments on the environment carried out pursuant to F4F5assimilated law other than any law that implemented the Directive.

(3)

A prospective applicant shall provide to the Secretary of State such further information in relation to an application made by him under paragraph (1)(a) above as the Secretary of State may require.

F6(4)

No direction shall be given under paragraph (1) above in respect of any application for a pipe-line construction authorisation—

(a)

for the execution of works for the construction of a pipe-line exceeding 40 kilometres in length and 800 millimetres in diameter;

(b)

for the execution of works for the extension of a pipe-line which would in itself fall within sub-paragraph (a) above; or

(c)

in respect of which F7an EEA State has requested as described in regulation 10(2) below to participate in the procedure under these Regulations.

(5)

Any direction given under this regulation shall remain in force for 12 months (or such shorter period as may be specified in the direction) from the date on which it was given.

(6)

The Secretary of State shall give notice to the prospective applicant concerned of his decision in relation to any application made under this regulation.

F8(6A)

The Secretary of State shall make a decision in relation to any application made under paragraph (1) as soon as possible and in any event within 90 days of receiving the application, unless paragraph (6B) applies.

(6B)

Where an application referred to in paragraph (1) is for relevant pipe-line works that are, in the opinion of the Secretary of State, an exceptional case, for example in relation to their nature, complexity, location or size, the Secretary of State may extend the time limit referred to in paragraph (6A) by notifying the applicant as to when the decision is expected to be made and the reasons why the Secretary of State considers the extra time is needed.

F9(7)

Paragraph (8) applies where either the Secretary of State—

(a)

makes a direction under paragraph (1A); or

(b)

directs, in response to an application under paragraph (1) that either—

(i)

an EIA application in respect of those relevant pipe-line works needs to be accompanied by an environmental statement; or

(ii)

an EIA application in respect of those relevant pipe-line works does not need to be accompanied by an environmental statement.

(8)

Where this paragraph applies, the Secretary of State shall—

(a)

publish notice of the direction in the Gazette and on a public website; and

(b)

publish with the notice a written statement of the main reasons for the direction, making references to the relevant criteria set out in Schedule 2 and where the direction is that the EIA application does not need to be accompanied by an environmental statement, shall state any features of the proposed works or measures imposed that are proposed by the prospective applicant to avoid or prevent significant adverse effects.

Annotations

Textual amendments

F1: Reg. 4(1)(a) 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, 49(a) (with reg. 58)
F2: Reg. 4(1A) 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, 49(b) (with reg. 58)
F3: Words in reg. 4(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, 49(c) (with reg. 58)
F4: Words in reg. 4(2) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 5(10); 2020 c. 1, Sch. 5 para. 1(1)
F5: Word in reg. 4(2) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 4(2)(b)
F6: Reg. 4(4) substituted (20.8.2007) by The Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1992), regs. 1, 6 (with reg. 12)
F7: Words in reg. 4(4)(c) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 5(7); 2020 c. 1, Sch. 5 para. 1(1)
F8: Reg. 4(6A)(6B) 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, 49(d) (with reg. 58)
F9: Reg. 4(7)(8) substituted for reg. 4(7) (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, 49(e) (with reg. 58)