Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
| Year | 2003 |
2003 No. 164
WATER RESOURCES, ENGLAND AND WALES
The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
Made 30th January 2003
Laid before Parliament 31th January 2003
Coming into force 1st April 2003
The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment2, in exercise of powers conferred on her by that subsection, and having taken into account the selection criteria specified in Annex III to Council Directive 85/337/EEC3(on the assessment of the effects of certain public and private projects on the environment) as inserted by Council Directive 97/11/ECamending Council Directive 85/337/EEC4), hereby makes the following Regulations:
PART I
GENERAL
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 and shall come into force on 1st April 2003.
(2) These Regulations extend to England and Wales only.
Interpretation
2. In these Regulations, expressions which are used in the EIA Directive have the same meaning as in that Directive, and—
“the 1991 Act” means the Water Resources Act 19915;
“abstraction or impounding licence” means a licence under Chapter II of Part II of the 1991 Act;
“the Agency” means the Environment Agency;
“appropriate Minister” means—
(a) in relation to a project in Wales where the Secretary of State has not exercised her functions under paragraph 6 of Schedule 3 to the Government of Wales Act 19986, the National Assembly for Wales;
(b) in any other case, the Secretary of State;
“authorisation” means—
(i) an abstraction or impounding licence, or
(ii) a consent under Part III of these Regulations;
“consultation bodies” means—
(a) the local planning authority within the meaning of Part I of the Town and Country Planning Act 19907within whose area the project is to be carried out;
(b) in relation to a project to be carried out in England, the Countryside Agency, English Nature and English Heritage; and
(c) in relation to a project to be carried out in Wales, the Countryside Council for Wales and the National Assembly for Wales in its exercise of functions in the field of ancient monuments and historic buildings8;
“the EIA Directive” means Council Directive 85/337/EEC, as amended by Council Directive 97/11/EC; and
“relevant project” has the meaning given by regulation 3.
Requirement for an environmental impact assessment
3.—(1) An environmental impact assessment shall be carried out in accordance with these Regulations in relation to a relevant project.
(2) A project is a relevant project if—
(a)
(a) it is a water management project for agriculture, including an irrigation project;
(b)
(b) in the case of a project involving water abstraction, the amounts abstracted exceed 20 cubic metres in any period of 24 hours; and
(c)
(c) it would be likely to have significant effects on the environment by virtue inter alia of its nature, size or location.
(3) A project is not a relevant project if it involves—
(a)
(a) development within the meaning of section 55 of the Town and Country Planning Act 1990, or
(b)
(b) improvement works within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 19999.
PART II
ASSESSMENT OF RELEVANT PROJECTS
Determination whether a project is a relevant project
4.—(1) Any person (“the applicant”) who proposes to apply for, or for the variation of, an authorisation in relation to a project which may be a relevant project, may in writing request the Agency to make a determination whether the project is a relevant project.
(2) The request shall be accompanied by—
(a)
(a) a plan sufficient to identify the place where the project is to be carried out;
(b)
(b) a brief description of the project and its possible effects on the environment; and
(c)
(c) any other information or representations which the applicant wishes the Agency to take into account.
(3) Where the Agency considers that it has insufficient information to determine the request, it shall by notice in writing inform the applicant and specify what further information it requires.
(4) In determining whether a project is a relevant project the Agency shall take into account such of the selection criteria set out in Schedule 1 as are relevant.
(5) The Agency shall give the applicant written notice of its determination before the expiry of—
(a)
(a) a period of three weeks beginning with—
(i) the date on which the request is received; or
(ii) where the Agency has served a notice under paragraph (3), the date on which the further information specified is given to the Agency; or
(b)
(b) such longer period as may be agreed in writing with the applicant.
(6) Where—
(a)
(a) the Agency fails to make a determination before the expiry of the period specified in paragraph (5); or
(b)
(b) the applicant is dissatisfied with the Agency’s determination that the proposed abstraction or impounding would amount to or form part of a relevant project,
the applicant may apply to the appropriate Minister for a determination on the matter by notice in writing not later than twenty-eight days after the expiry of that period or, as the case may be, after the date of the determination of the Agency.
(7) Where an application is made to the appropriate Minister under paragraph (6), the appropriate Minister shall send a copy of the application to the Agency.
(8) The appropriate Minister shall by notice in writing given to the applicant and the Agency—
(a)
(a) uphold the determination of the Agency; or
(b)
(b) substitute his own determination.
(9) A determination under this regulation shall be accompanied by a written statement of the reasons for that determination.
(10) The Agency or, as the case may be, the appropriate Minister shall take such steps as are considered appropriate to make a determination under this regulation available to the public.
(11) The applicant shall include a copy of any determination made under this regulation when he subsequently applies for, or for a variation of, an authorisation in relation to the project in question.
Environmental statement to be provided in relation to an application for authorisation
5. An environmental statement which complies with regulation 6 shall be provided in relation to an application made after 31st March 2003 for, or for the variation of, an authorisation in connection with a relevant project.
Environmental statement, and opinions of the Agency on the contents of an environmental statement
6.—(1) An environmental statement shall include such of the information set out in Schedule 2 as is relevant to the relevant project and at least the following—
(a)
(a) a description of the project comprising information on the site, design and size of the project;
(b)
(b) a description of the aspects of the environment likely to be significantly affected by the project;
(c)
(c) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;
(d)
(d) an outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects; and
(e)
(e) a non-technical summary of the information provided under sub-paragraphs (a) to (d).
(2) If a person so requests before making an application for, or for the variation of, an authorisation, the Agency shall, having consulted the person making the request and the consultation bodies, give an opinion on the information which should be contained in an environmental statement accompanying such an application.
(3) The fact that the Agency has given an opinion under paragraph (2) shall not preclude it from subsequently requiring the person making the request to provide further information.
(4) The Agency and the consultation bodies shall, if requested by a person proposing to make an application for which an environmental statement is required, enter into consultation with him to determine whether they have in their possession any information which may be relevant to the preparation of an environmental statement and, if they have, they shall make it available to him.
(5) Paragraph (4) shall not require the disclosure of information which is capable of being treated as confidential or must be so treated under regulation 4 of the Environmental Information Regulations 199210.
(6) Any body which provides information to a person under paragraph (4) may require him to pay a charge which reflects the cost of making that information available.
(7) If the Agency considers that an environmental statement does not contain all the information required by paragraph (1), it shall by notice in writing—
(a)
(a) inform the applicant, and
(b)
(b) specify what further information the Agency requires,
and the applicant shall provide that information to the Agency.
Publicity for environmental statement
7.—(1) Where an environmental statement or further information is provided in accordance with regulation 6, the applicant shall publish, in the London Gazette and at least once in each of two successive weeks in one or more newspapers circulating in the relevant locality, a notice—
(a)
(a) stating the applicant’s name and that he has made an application to which these Regulations apply and has...
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