The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018

in paragraph (1)(c)(iii), for the words from “Article 5” to “substances” substitute “regulation 5 of the Control of Major Accident Hazards Regulations 2015^f2”;

omit paragraph (2).

in paragraph (2)(i)(iii), for the words from “Article 5” to “substances” substitute “regulation 5 of the Control of Major Accident Hazards Regulations 2015”;

omit paragraph (3).

in paragraph (1)(b), omit “by pursuing those objectives through the controls described in Article 13 of Council Directive 2012/18/EU”;

in paragraph (1)(c), for the second paragraph numbered (ii) substitute—

“(iii)

in the case of existing establishments, to take additional technical measures in accordance with regulation 5 of the Control of Major Accident Hazards Regulations 2015 so as not to increase the risks to human health or the environment.”;

omit paragraph (2).

in paragraph (zb), in the column headed “description of development”, in paragraph (ii), for the words from “covered” to “substances” substitute “which would require notification under regulation 6(6) of the Control of Major Accident Hazards Regulations 2015”;

in paragraph 1 of the Interpretation of Table, omit paragraph (k)(i).

in the definition of “the Directive” after “dangerous substances” insert “as it had effect immediately before exit day”;

insert the following definitions in the appropriate places—

• ““the EIA Directive” means Directive 2011/92/EU^f1 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 as it had effect immediately before exit day;”;

• ““major accident” has the meaning given in regulation 2 of the Control of Major Accident Hazards Regulations 2015;”.

in paragraph (ii) for the words from “or to consultations” to the end of the paragraph substitute “(which have the same meaning as in any provision of retained EU law which implemented the EIA Directive)”;

after paragraph (ii) insert—

“(iia)

where applicable, the fact that the project to which the proposal relates is one in respect of which the Secretary of State is required to consult any state under any provision of retained EU law which implemented the EIA Directive or which is subject to consultations between member States in accordance with Article 14(3) of the Directive;”.

in paragraph (ii) for the words from “or to consultations” to the end of the paragraph substitute “(which have the same meaning as in any provision of retained EU law which implemented the EIA Directive)”;

after paragraph (ii) insert—

“(iia)

where applicable, the fact that the project to which the proposal relates is one in respect of which the Secretary of State is required to consult any state under any provision of retained EU law which implemented the EIA Directive or which is subject to consultations between member States in accordance with Article 14(3) of the Directive;”.

in paragraph (ii) for the words from “or to consultations” to the end of the paragraph substitute “(which have the same meaning as in any provision of retained EU law which implemented the EIA Directive)”;

after paragraph (ii) insert—

“(iia)

where applicable, the fact that the project to which the proposal relates is one in respect of which the Secretary of State is required to consult any state under any provision of retained EU law which implemented the EIA Directive or which is subject to consultations between member States in accordance with Article 14(3) of the Directive;”.