reg 27 New regulation 2A (environmental impact assessment) and regulation 2B (environmental statement)
After regulation 2, insert— Environmental impact assessment (2A) (1) In these Regulations, “environmental impact assessment” means the process consisting of— (a) the preparation and submission of an environmental statement by a gas transporter; (b) the carrying out of the consultations referred to in regulations 9 to 11A and, where relevant, regulation 13; (c) the Secretary of State’s consideration of the information presented in the environmental statement, any further information or additional information provided in accordance with regulation 11 or 11A, and any representations or opinions received as the result of the consultations referred to in sub-paragraph (b); (d) the Secretary of State’s reasoned conclusion as required by regulation 14(1); and (e) the integration of that conclusion into the decision as to whether the grant of consent is to be given as required by regulation 14(1). (2) In carrying out the steps described in paragraph (1)(a), the gas transporter shall identify, describe and assess in an appropriate manner— (a) the direct and indirect significant effects of the proposed pipe-line works on the following factors— (i) population and human health; (ii) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds; (iii) land, soil, water, air and climate; (iv) material assets, cultural heritage and the landscape; and (v) the interaction between the factors referred to in sub-paragraphs (i) to (iv); and (b) the operational effects of the proposed pipe-line works (where the works will have operational effects) and the expected effects deriving from the vulnerability of the works to risks of major accidents or disasters that are relevant to the works concerned. Environmental statement (2B) (1) In these Regulations, an “environmental statement” means a report prepared as part of an environmental impact assessment in respect of proposed pipe-line works which includes— (a) a description of the works comprising information on the site, design, size and other relevant features of the works; (b) a description of the likely significant effects of the works on the environment; (c) a description of the features of the works or measures envisaged in order to avoid, prevent or reduce, and if possible, offset likely significant adverse effects on the environment; (d) a description of the reasonable alternatives studied by the gas transporter which are relevant to the works and their specific characteristics and an indication of the main reasons for the option chosen, taking into account the effects of the works on the environment; (e) a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and (f) any additional information set out in Schedule 1 (information for the environmental statement) relevant to the specific characteristics of the particular proposed pipe-line works or type of works and to the environmental features likely to be affected. (2) In preparing the environmental statement, the gas transporter shall also take into account any available results of other relevant assessments under EU or national legislation. (3) Where the Secretary of State has given an opinion under regulation 7 on the matters to be included in the environmental statement, the statement shall be based on that opinion and include the information that may be reasonably required for reaching a reasoned conclusion on the significant effects of the proposed pipe-line works on the environment, taking into account current knowledge and methods of assessment. (4) In order to ensure the completeness of the environmental statement, the gas transporter shall ensure that— (a) the statement is prepared by competent experts; and (b) the statement is accompanied by a statement from the gas transporter outlining the relevant expertise or qualifications of such experts.