# The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999, Regulation 6: Requests to the Secretary of State for an environmental determination

Extent: E+W+S

(1) Subject to paragraph (1B), this regulation applies where a public gas transporter–
(a) makes a request for an environmental determination as referred to in regulation 3(2)(a) above, or
(b) proposes to carry out pipe-line works which are not of a kind described in either Part 1 or Part 2 of Schedule 3 to these Regulations, but nevertheless, before commencing such works, makes a request for an environmental determination.
(1A) If the Secretary of State considers that proposed pipe-line works are 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 determine that no request for an environmental determination may be made under regulation 6 in respect of those works and direct that an environmental statement be prepared in respect of those works, and sub-paragraphs (a) and (b) to regulation 3(3) shall apply.
(1B) Where a direction under paragraph (1A) is in force in respect of proposed pipe-line works, the Secretary of State shall not make an environmental determination under paragraph (2) in respect of those works (whether or not that project has been modified or is to be carried out in any particular manner or time).
(2) The Secretary of State shall, subject to paragraph (4) below, having–
(a) taken into account the selection criteria and the results of preliminary verifications or assessments on the environment carried out pursuant to assimilated law other than any law that implemented the Directive; and
(b) consulted the relevant planning authority, unless the public gas transporter making the request has already conveyed the written views of the relevant planning authority concerned to the Secretary of State,
make such environmental determination as he thinks fit and send a copy to the public gas transporter who made the request.
(3) The public gas transporter making the request shall supply the Secretary of State with such number of additional copies of the plan accompanying the request as the Secretary of State may reasonably require.
(4) The Secretary of State on receiving a request for an environmental determination shall, if he considers that he has not been provided with sufficient information to enable him to make a determination or to consult in accordance with paragraph (2)(b) above, notify the public gas transporter making the request of the particular points on which he requires further information.
(5) If the relevant planning authority wishes to give any views to the Secretary of State, it shall do so by a date no later than 30 days after the date on which it was consulted under paragraph (2)(b) above.
(6) The Secretary of State shall make an environmental determination in response to a request for the same as soon as possible and in any event by a date no later than 30 days after whichever is the latest of–
(a) the date of the receipt of the request by the Secretary of State;
(b) the date of receipt by him of further information pursuant to a notice under paragraph (4) above; or
(c) if the Secretary of State has consulted the relevant planning authority under paragraph (2)(b) above, the expiry of the period for the relevant planning authority to give its views to the Secretary of State in accordance with paragraph (5) above, or, if earlier, the date by which he has received the views of the relevant planning authority,
or by such later date as may be agreed in writing with the public gas transporter where the application is in respect of proposed pipe-line works that are, in the Secretary of State’s opinion, an exceptional case, for example in relation to their nature, complexity, location or size, and the agreement shall include the reasons why the Secretary of State considers the extra time is needed.
(7) Where in response to a request for an environmental determination, the Secretary of State determines that either—
(a) the proposed pipe-line works are EIA development; or
(b) the proposed pipe-line works are not EIA development,
the Secretary of State shall provide with the determination a written statement of the main reasons for the determination and these reasons shall make reference to the relevant criteria set out in Schedule 2 and where it is determined that the proposed works are not EIA development, shall state any features of the proposed works or measures imposed that are proposed by the gas transporter to avoid or prevent significant adverse effects.
(8) A determination made by the Secretary of State in response to a request for an environmental determination that proposed pipe-line works are not EIA development shall cease to have effect after the expiration of 5 years from the date on which the determination is made, unless the pipe-line works to which it relates have been substantially begun before the expiration of that period.
(9) Where the Secretary of State makes an environmental determination, he shall forthwith send a copy of the determination and the statement of reasons, if any, accompanying the determination to the relevant planning authority and to such other persons as he considers should receive a copy and shall also send a copy of the relevant request and the documents which accompanied it.

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Source: https://www.legislation.gov.uk/uksi/1999/1672/regulation/6 (the official version)
Page: https://openlegislation.uk/public-gas-transporter-pipe-line-works-environmental-impact-assessment-regulations-1999/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.