OpenLegislation

Regulation 13 Projects affecting other StatesI1

England, Wales and Scotland

(1)

Where in the case of any pipe-line works proposed to be carried out in Great Britain the Secretary of State determines in response to a request for an environmental determination that proposed pipe-line works are EIA development, or receives a notice of preparation of environmental statement or directs that an environmental statement be prepared pursuant to regulation 3(3) F1or regulation 6(1A) above and–

(a)

it appears to the Secretary of State that such works are likely to have significant effects on the environment of F2an EEA State; or

(b)

an EEA State which considers its environment is likely to be significantly affected by such works so requests,

the Secretary of State shall send the F3EEA State in question as soon as possible and no later than the date on which the environmental statement in respect of the proposed pipe-line works is made available to the public (except in a case where a request is made by a EEA State after that date)–

(i)

a description of the proposed pipe-line works, together with any available information on the possible significant effects of the proposed pipe-line works on the environment of the F4... EEA State; and

(ii)

a notice explaining the nature of the decision to be taken as to whether or not to grant consent for the carrying out of the proposed pipe-line works and informing the EEA State in question that it may within such reasonable period as may be specified in the notice request to participate in the procedure relating to the taking of the decision pursuant to these Regulations.

(2)

Where F5an EEA State requests to participate in the procedure under these Regulations in relation to particular proposed pipe-line works, the Secretary of State shall–

(a)

save to the extent that he has not already done so, send that EEA State–

(i)

a copy of the application for consent F6...;

(ii)

the environmental statement in respect of the proposed pipe-line works; and

(iii)

to the extent that it is not included in the items referred to in sub-sub-paragraph (i) or (ii) above and subject to paragraph (4) below, any other available information which is relevant to the procedure under these Regulations F7including the address of the public website referred to in regulation 10(4); and

(b)

enter into consultations with the EEA State concerned, for such reasonable period as may have been agreed with that EEA State, regarding, inter alia, the possible significant effects of the proposed pipe-line works on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects.

F8(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Nothing in this regulation shall require the disclosure by the Secretary of State of any information which is by virtue of any rule of the law of any part of Great Britain subject to any obligation of confidentiality.

(5)

Where the Secretary of State notifies a public gas transporter that the provisions of paragraph (1) F9... of this regulation F10applies in respect of a particular application for consent F11..., the public gas transporter, in any case where he has not already done so, shall not make available to the public in accordance with regulation 10 above (publicity for environmental statement) the items referred to in that regulation until the Secretary of State has notified the public gas transporter that he has sent to the EEA State concerned the information referred to ... in paragraph (1)(i) and (ii) above ....

Annotations

Textual amendments

F1

Words in reg. 13(1) 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, 37(b) (with reg. 43)

F2

Words in reg. 13(1) 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), 4(6); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in reg. 13 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, 37(a) (with reg. 43)

F4

Word in reg. 13(1)(i) omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 4(8); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in reg. 13(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), 4(6); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in reg. 13(2)(a)(i) omitted (20.8.2007) by virtue of The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1996), regs. 1, 12(a) (with reg. 16)

F7

Words in reg. 13(2)(a)(iii) 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, 37(c) (with reg. 43)

F8

Reg. 13(3) omitted (16.5.2017) by virtue of The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 37(d) (with reg. 43)

F9

Words in reg. 13(5) omitted (16.5.2017) by virtue of The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/582), regs. 1, 37(e)(i) (with reg. 43)

F10

Word in reg. 13(5) 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, 37(e)(ii) (with reg. 43)

F11

Words in reg. 13(5) omitted (20.8.2007) by virtue of The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1996), regs. 1, 12(b) (with reg. 16)

Commencement

I1

Reg. 13 in force at 15.7.1999, see reg. 1(1)