OpenLegislation

Regulation 5 Pipe-line works subject to planning permission in ScotlandI1

Scotland

(1)

Regulation 3 above (environmental statements) shall not apply or, subject to paragraph (3) below, shall cease to apply, as the case may be, in respect of any pipe-line works in relation to which a direction has been given pursuant to article 4(1) of the 1992 Order that the planning permission granted by article 3 of that Order shall not apply.

(2)

A direction given by a planning authority pursuant to article 4(1) of the 1992 Order which requires the approval of the Secretary of State under that Order shall not be treated for the purposes of this regulation as having been given until the date on which notice of such approval is served, or first published, as the case may be, by the planning authority in accordance with the provisions of article 5 of the 1992 Order.

(3)

Where in relation to proposed pipe-line works the Secretary of State makes an environmental determination or gives a direction pursuant to regulation 3(3) above (direction that an environmental statement is required) before the date on which a direction pursuant to article 4(1) of the 1992 Order is given, that determination or direction shall, notwithstanding any provisions to the contrary in the F11999 Scottish EIA Regulations,

(a)

be conclusive for the purposes of those Regulations of the question of whether F2the pipe-line works in question are, or are not, EIA development within the meaning of the 1999 Scottish EIA Regulations; and

F3(b)

be treated for the purposes of those Regulations as if it were a direction by the Scottish Ministers under regulation 6 of the 1999 Scottish EIA Regulations.

Annotations

Textual amendments

F1

Word in reg. 5(3) substituted (1.8.1999) by The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(8)(b)(i)

F2

Words in reg. 5(3)(a) substituted (1.8.1999) by The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(8)(b)(ii)

F3

Reg. 5(3)(b) substituted (1.8.1999) by The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(8)(b)(iii)

Commencement

I1

Reg. 5 in force at 15.7.1999, see reg. 1(1)