Regulation 7 Pre-application requests to the Secretary of State for an opinion as to content of environmental statementI1
England, Wales and Scotland
This regulation applies where a public gas transporter, either at the same time as making a request for an environmental determination or at any other time before applying to the Secretary of State for his consent to the carrying out of proposed pipe-line works, makes a request to the Secretary of State accompanied by the appropriate particulars for the Secretary of State’s opinion in writing as to F1the scope and level of detail to be included by the gas transporter in the environmental statement to be submitted by the public gas transporter to the Secretary of State under these Regulations.
Subject to paragraph (3) below, the Secretary of State shall give an opinion in response to a request under paragraph (1) above, having first–
taken into account F2on the information provided–
the specific characteristics of the particular proposed pipe-line works F3including its location and technical capacity;
the specific characteristics of pipe-line works of the type concerned;
the environmental features likely to be affected by the pipe-line works; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
consulted the public gas transporter who made the request and the consultation bodies.
The Secretary of State on receiving a request under paragraph (1) above shall, if he considers that he has not been provided with sufficient information to enable him to give an opinion on the questions raised 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.
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.
If the public gas transporter and the consultation bodies wish to give any views to the Secretary of State, they shall do so by a date no later than F530 days after the date on which they were consulted under paragraph (2)(b) above.
The Secretary of State shall give an opinion in response to a request under paragraph (1) above no later than 30 days after whichever is the latest of–
the date of the receipt of the request by the Secretary of State;
the date of receipt by him of further information pursuant to a notice under paragraph (3) above; or
the expiry of the period for the public gas transporter and the consultation bodies to give their 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 public gas transporter and all the consultation bodies consulted under paragraph (2)(b) above,
or by such later date as may be agreed in writing with the public gas transporter.
Where the Secretary of State has given an opinion in response to a request under paragraph (1) above, he shall not be precluded from requiring of the public gas transporter to whom that opinion was given further information in connection with any environmental statement that may be submitted by the public gas transporter in connection with the same, or substantially the same, pipe-line works as were referred to in the request.
Where the Secretary of State has given an opinion in response to a request pursuant to paragraph (1) above, he shall forthwith send to the relevant planning authority, any other consultation body and such other persons he considers appropriate—
a copy of that opinion; and
a copy of the relevant request and the documents which accompanied it.
Annotations
Textual amendments
- F1
Words in reg. 7(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, 31(a) (with reg. 43)
- F2
Words in reg. 7(2)(a) 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, 31(b)(i) (with reg. 43)
- F3
Words in reg. 7(2)(a)(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, 31(b)(ii) (with reg. 43)
- F4
Reg. 7(2)(a)(iv) 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, 31(b)(iii) (with reg. 43)
- F5
Words in Regulations 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, 25 (with reg. 43)
- F6
Reg. 7(8) inserted (20.8.2007) by The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007 (S.I. 2007/1996), regs. 1, 5 (with reg. 16)