Regulation 14 Consent to pipe-line worksI1

England, Wales and Scotland

(1)

In any case where a public gas transporter has made an application to the Secretary of State, accompanied by an environmental statement, for his consent to the carrying out of proposed pipe-line works, the Secretary of State–

(a)

being satisfied that the requirements of F1regulations 10, 11 and 11A above (requirements as to consultation and publicity) have been substantially met; and

(b)

after considering–

F2(i)

the environmental statement and any supplementary information F3, ensuring that where necessary, advice has been obtained from persons with appropriate expert knowledge who have examined the statement;

(ii)

any further information or additional information;

(iii)

any representations made by the consultation bodies in respect of the proposed pipe-line works; and

(iv)

any opinions expressed by the public; F4...

(c)

after having regard both to the effect of the proposed pipe-line works on the environment and to the desirability of those works being carried out in the interests of the development and maintenance of an efficient and economical system for the conveyance of gas as respects the public gas transporter’s authorised area F5; and

(d)

having reached a reasoned conclusion on the significant effects of the proposed pipe-line works on the environment, taking into account the information and representations referred to in sub-paragraph (b),

shall, subject to paragraph (2), integrate that conclusion into the Secretary of State’s decision as to whether or not to consent to the carrying out of the proposed pipe-line works.

F6(1A)

If consent is to be given under paragraph (1), the consent should set out—

(a)

any environmental conditions attached to the consent;

(b)

a description of any features of the proposed pipe-line works or measures envisaged to avoid, reduce or prevent and if possible offset any significant adverse effect on the environment; and

(c)

any measures to monitor conditions imposed to avoid, prevent, or reduce and if possible offset significant adverse effects on the environment (“a monitoring condition”).

(1B)

If consent is to be refused under paragraph (1), the decision to refuse consent shall state the main reasons for the refusal.

(1C)

The reasoned conclusion referred to in paragraph (1)(d) shall be up to date at the time that the decision to consent to the carrying out of the proposed pipe-line works is made but that conclusion shall be take to be up to date if, in the opinion of the Secretary of State, it continues to address the significant effects that are likely to arise as a result of the proposed works.

(1D)

When considering whether to impose a monitoring condition under paragraph (1A)(c), the Secretary of State shall—

(a)

consider whether to make provision for potential remedial action;

(b)

consider whether there are appropriate existing monitoring arrangements under F7the law of any part of the United Kingdom, other than any law that implemented the Directive, to make the imposition of a monitoring condition unnecessary; and

(c)

take steps to ensure that the type of parameters to be monitored and the duration of the monitoring are proportionate to the nature, location and size of the proposed pipe-line works and the significance of their effects on the environment.

(1E)

The decision of the Secretary of State referred to in paragraph (1) shall be taken within a reasonable period of time, taking into account the nature and complexity of the proposed pipe-line works, from the date on which the Secretary of State has been provided with the information referred to in paragraph (1)(b).

(2)

In any case where F8an EEA State has, in relation to an application for consent F9..., requested in accordance with regulation 13(2) above to participate in the procedure under these Regulations, the Secretary of State shall not grant any consent for such works pursuant to paragraph (1) above unless he–

(a)

is satisfied that the requirements of regulation 13(1) and (2) above (projects affecting other States) have been complied with;

(b)

has communicated to that F10EEA State the response that he proposes to make to the application for consent (including information as to any measures envisaged to reduce or eliminate any possible significant effects of the proposed pipe-line works on the environment of the F11... EEA State);

(c)

is satisfied that–

(i)

the EEA State concerned has been consulted regarding the proposed pipe-line works for such reasonable period as may have been agreed with such EEA State pursuant to regulation 13(2)(b) above and in particular that it has been afforded a reasonable opportunity to make representations regarding the pipe-line works in question and the proposed response referred to in sub-paragraph (b) above; and

(ii)

an opportunity has been afforded to the public in that EEA State and to those authorities which by reason of their particular environmental responsibilities in that EEA State are likely to be interested in the proposed pipe-line works to forward to the Secretary of State within a reasonable time F12(in respect of the public, at least 30 days); representations regarding the information referred to in regulation 13(1) and (2)(a) above (information to be supplied to F13... member States); and

(d)

has taken into consideration any representations made by the EEA State, members of the public and authorities in that EEA State and any information regarding the proposed pipe-line works supplied by any of them.

(3)

Any consent given by the Secretary of State pursuant to paragraph (1) above to the carrying out of the proposed works shall cease to have effect after the expiration of five years beginning with the date on which the consent is given unless the pipe-line works to which it relates have been substantially begun before the expiration of that period.

(4)

The Secretary of State shall F14promptly–

(a)

notify the public gas transporter, the relevant planning authority, F15other consultation bodies, any EEA State which has been sent a copy of the environmental statement pursuant to regulation 13 above (projects affecting other States) and such other persons as the Secretary of State considers appropriate, in writing of his decision; and

(b)

provide to such persons together with the notification mentioned in sub-paragraph (a) above a statement containing–

F16(i)

the content of the decision and any conditions attached to it F17including any monitoring conditions;

(ii)

a summary of the concerns and opinions expressed by the persons affected or likely to be affected by, or having an interest in, the procedure for consent to development F18including where regulation 13 (projects affecting other states) applies, any representations made by an EEA State affected by the proposed pipe-line works or the public concerned and authorities in that state;

(iii)

in the light of those concerns and opinions, the main reasons and considerations upon which the Secretary of State’s decision is based;

(iv)

a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the proposed pipe-line works; and

(v)

an explanation of the right of a person aggrieved by a decision of the Secretary of State to make an application pursuant to regulation 16 below (application to court by person aggrieved).

F19(5)

The gas transporter shall, no later than 14 days after the date of the notification under paragraph (4)(a) above, inform the public of the decision by publishing a notice containing the information specified in paragraph (5A) below—

(a)

in the Gazette; and

(b)

in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out F20and

(c)

on a public website.

F21(5A)

A notice published under paragraph (5) shall—

(a)

set out—

(i)

the contents of the decision;

(ii)

the main reasons and considerations on which the decision is based;

(iii)

a summary of all representations made to the Secretary of State by any person in respect of the proposed pipe-line works, including where regulation 13 (projects affecting other states) applies, any representations made by an EEA State affected by the works, the public concerned or authorities in that state, together with details of how those representations were taken into account; and

(b)

specify where details of these matters may be obtained, including the address of the public website on which a copy of the notice is published.

F22(5B)

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

(6)

The public gas transporter shall provide the Secretary of State with copies of each of the newspapers F23and the Gazettes in which the notices referred to in paragraph (5) above appeared in each case by a date no later than 7 days after the date of publication of those newspapers F24or the Gazettes F25and also the address of the public website on which the notice was published in accordance with paragraph (5).

(7)

Where the Secretary of State sends a relevant planning authority the statement referred to in paragraph (4)(b) above, the relevant planning authority shall take steps to ensure that a copy of the statement is as soon as reasonably practicable made available for public inspection at all reasonable hours and free of charge at the place where the appropriate register (or relevant section of that register) is kept and that such copy remains so available for a period of two years.

Annotations

Textual amendments

F1: Words in reg. 14(1)(a) substituted (20.8.2007) by The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1996), regs. 1, 13(a)(i) (with reg. 16)
F2: Reg. 14(1)(b)(i)(ii) substituted (20.8.2007) by The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1996), regs. 1, 13(a)(ii) (with reg. 16)
F3: Words in reg. 14(1)(b)(i) 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, 38(a)(i) (with reg. 43)
F4: Word in reg. 14(1)(b) 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, 38(a)(ii) (with reg. 43)
F5: Words in reg. 14(1) 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, 38(a)(iii) (with reg. 43)
F6: Reg. 14(1A)-(1E) 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, 38(b) (with reg. 43)
F7: Words in reg. 14(1D)(b) 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(9); 2020 c. 1, Sch. 5 para. 1(1)
F8: Words in reg. 14(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)
F9: Words in reg. 14(2) 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, 13(b) (with reg. 16)
F10: Words in reg. 14(2) 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, 38(c)(i) (with reg. 43)
F11: Word in reg. 14(2)(b) 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)
F12: Words in reg. 14(2)(c)(ii) 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, 38(c)(ii) (with reg. 43)
F13: Word in reg. 14(2)(c)(ii) 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)
F14: Word in reg. 14(4) 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, 38(d)(i) (with reg. 43)
F15: Words in reg. 14(4)(a) inserted (20.8.2007) by The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1996), regs. 1, 13(c)(i) (with reg. 16)
F16: Reg. 14(4)(b)(i)-(v) substituted for reg. 14(4)(b)(i)-(iii) (20.8.2007) by The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1996), regs. 1, 13(c)(ii) (with reg. 16)
F17: Words in reg. 14(4)(b)(i) 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, 38(d)(ii) (with reg. 43)
F18: Words in reg. 14(4)(b)(ii) 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, 38(d)(iii) (with reg. 43)
F19: Reg. 14(5) substituted (20.8.2007) by The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1996), regs. 1, 13(d) (with reg. 16)
F20: Reg. 14(5)(c) and word 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, 38(e) (with reg. 43)
F21: Reg. 14(5A) 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, 38(f) (with reg. 43)
F22: Reg. 14(5B) 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, 38(g) (with reg. 43)
F23: Words in reg. 14(6) inserted (20.8.2007) by The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1996), regs. 1, 13(f)(i) (with reg. 16)
F24: Words in reg. 14(6) inserted (20.8.2007) by The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1996), regs. 1, 13(f)(ii) (with reg. 16)
F25: Words in reg. 14(6) 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, 38(h) (with reg. 43)

Commencement

I1: Reg. 14 in force at 15.7.1999, see reg. 1(1)