The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017

4.  In rule 7 (the requirement for environmental statement and screening decisions)—

(a)for paragraph (3), substitute—

“(3) Where the proposed works comprise or form part of a project serving national defence as its sole purpose, or comprise a project having the response to a civil emergency as its sole purpose, and the Secretary of State considers that the carrying out of an environmental impact assessment of the works would have an adverse effect on that purpose he may direct that an environmental impact assessment of the works is not required and that rule 16 does not apply.”;

(b)for paragraph (5), substitute—

“(5) An applicant making a request for a screening decision under paragraph (4) shall, taking into account where relevant the available results of other environmental assessments required under European Union legislation (other than legislation implementing the requirements of the Directive), provide the following information—

(a)a plan sufficient to identify the land affected by the works in question;

(b)a description of the proposed works, including in particular—

(i)a description of the physical characteristics of the works and, where relevant, of demolition works; and

(ii)a description of the location of the works, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(c)a description of aspects of the environment likely to be significantly affected by the works; and

(d)to the extent the information is available, a description of any likely significant effects of the works on the environment resulting from—

(i)the expected residues and emissions and the production of waste, where relevant; and

(ii)the use of natural resources, in particular soil, land, water and biodiversity.

(5A) An applicant making a request for a screening decision under paragraph (4) may also provide a description of any features of the proposed works or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.”;

(c)in paragraph (8)(f)—

(i)after “provision”, insert “, or by the Secretary of State on a case-by-case basis,”; and

(ii)after “responsibilities”, insert “or local or regional competencies”;

(d)for paragraphs (11) and (12), substitute—

“(11) In making his screening decision, the Secretary of State shall take into account—

(a)any information provided to the Secretary of State by the applicant or other bodies in accordance with this rule;

(b)where relevant, the results of other environmental assessments carried out pursuant to European Union legislation other than legislation implementing the requirements of the Directive; and

(c)such of the selection criteria set out in Annex III to the Directive as are relevant to the proposed works.

(12) If the Secretary of State considers that the works in question would be likely to have significant adverse effects on the environment if carried out, then unless the applicant has proposed features of the works or measures to avoid or prevent such significant adverse effects, his screening decision shall be that an environmental impact assessment of the works is required.”;

(e)in paragraph (13), for “The Secretary of State” substitute “Subject to paragraphs (13A) and (13B), the Secretary of State”;

(f)for paragraph (14), substitute—

“(13A) Where, in accordance with rule 26, the Secretary of State allows further time to make a screening decision, he must ensure that irrespective of the further time allowed the applicant is notified in writing of the Secretary of State’s screening decision not later than 90 days after receipt of the request made pursuant to paragraph (4) or, where a notification has been given under paragraph (6), not later than 90 days after receiving the further information that the applicant is required to supply by virtue of paragraph (7).

(13B) Where the Secretary of State considers that due to exceptional circumstances relating to the proposed works it is not practicable to notify the applicant of his screening decision within the period specified in paragraph (13A), the Secretary of State may extend that period by giving notice in writing to the applicant giving reasons justifying the extension and the date when the decision is expected.

(14) In the notification given under paragraph (13), the Secretary of State shall state the main reasons for the decision with reference to the relevant criteria in Annex III to the Directive, and if that decision is that an environmental impact assessment is not required the Secretary of State shall also state any features of the proposed works or measures proposed to be taken in order to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(15) As soon as reasonably practicable after notifying the applicant of the screening decision, the Secretary of State shall arrange for a copy of the notification to be published on a website maintained by or on behalf of the Secretary of State for that purpose.”