Explanatory note
(This note is not part of the Regulations)
These Regulations amend section 14 of the Transport and Works Act 1992 to implement in England and Wales articles 8 and 9 of Council Directive 85/337/EEC of 27 June 1985 (OJ No. L175, 5.7.85, p.40) on the assessment of the effects of certain public and private projects on the environment, in so far as the Directive affects projects for the construction or operation of railways, tramways and other guided transport systems, inland waterways and works interfering with rights of navigation. The Regulations insert new provisions into section 14 requiring the Secretary of State to confirm that he took into consideration environmental statements relating to such projects and any opinions expressed relating to them before making or refusing orders authorising such projects. They also require him to send copies of the relevant notice of determination to those who made objections and representations, where this is not already required by the 1992 Act.
The requirements for submitting environmental statements, and the required contents of such statements, are contained in the Transport and Works (Applications and Objections Procedure) Rules 1992 (S.I. 1992/2902).