Section 13B Application or proposal for an EIA order: reasoned conclusionF1 C1

England, Wales and Scotland

(1)

Before making a determination under section 13(1) in respect of an application or proposal for an EIA order, the Secretary of State—

(a)

must consider the EIA information, and

(b)

following that consideration, must reach a reasoned conclusion about the likely significant effects of the proposed works or other projects on the environment.

(2)

The Secretary of State must obtain such expert advice as appears to the Secretary of State to be necessary for the purposes of considering the environmental statement.

(3)

When making a determination under section 13(1) in respect of an application or proposal for an EIA order, the Secretary of State must take into account the reasoned conclusion.

(4)

But the Secretary of State may determine to make an EIA order (whether with or without modifications) only if satisfied that the reasoned conclusion is up to date.

Annotations

Textual amendments

F1: Ss. 13A-13D inserted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 4 (with Sch. 6 paras. 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

Modifications

C1: Ss. 13A-13D power to amend or repeal conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 1 (with s. 247)

Notes on Part I

Commencement

I1: Pt. I (ss. 1-25) wholly in force at 1.1.1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1

Section 13B Application or proposal for an EIA order: reasoned conclusionF1C1