reg 3 Amendments to regulation 2
(1) Regulation 2 (definitions) is amended as follows. (2) At the appropriate places insert— “environmental assessment” (except in the phrase “ EU environmental assessment”) means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment; “environmental statement” is to be read in accordance with regulation 5; “EU environmental assessment” means an assessment carried out— under an obligation to which section 2(1) of the European Communities Act 1972 applies (other than the Directive); or under the law of any part of the United Kingdom implementing an EU obligation other than an obligation arising under the Directive, of the effect of anything on the environment;; “the HSWA 1974” means the Health and Safety at Work etc. Act 1974 ; “the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora , as last amended by Council Directive 2013/17/EU ; “the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds , as amended by Council Directive 2013/17/EU ; (3) For the definition of “the Directive” substitute— “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment , as amended by Directive 2014/52/EU of the European Parliament and of the Council ; (4) In the definition of “the consultation bodies”— (a) for the words from “and such of the following bodies” to “Environment Agency;” substitute— (d) in England— (i) the Environment Agency; and (ii) Natural England; (b) after paragraph (g) insert— (h) any other body with environmental or public health responsibilities or local or regional competencies with whom the ONR considers it appropriate to consult; (5) For the definition of “environmental impact assessment” substitute— “environmental impact assessment” means, in relation to a project— the preparation of an environmental statement by the licensee under regulations 5 and 6; the carrying out of any consultations under regulations 8 to 10A and 12; the ONR’s consideration of the information about the likely significant effects of the project on the environment under regulation 10B(2); the ONR reaching a conclusion about the likely significant effects of the project on the environment under regulation 10B(3); and the ONR’s consideration of that conclusion under regulation 10C(1) when determining the application.