The Environmental Assessment of Plans and Programmes Regulations 2004
2004 No. 1633
ENVIRONMENTAL PROTECTION
The Environmental Assessment of Plans and Programmes Regulations 2004
Made 28th June 2004
Laid before Parliament 29th June 2004
Coming into force 20th July 2004
The Secretary of State, being a designated1Minister for the purposes of section 2(2) of the European Communities Act 19722in relation to matters relating to the assessment of the effects of certain plans and programmes on the environment, in exercise of the powers conferred by that section 2, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
PART 1
INTRODUCTORY PROVISIONS
Citation and commencement
1. These Regulations may be cited as the Environmental Assessment of Plans and Programmes Regulations 2004 and shall come into force on 20th July 2004.
Interpretation
2.—(1) In these Regulations—
“consultation body” has the meaning given by regulation 4;
“England” includes the territorial waters of the United Kingdom that are not part of Northern Ireland, Scotland or Wales, and waters in any area for the time being designated under section 17(1) of the Continental Shelf Act 19643;
“the Environmental Assessment of Plans and Programmes Directive” means Directive 2001/42/EC4of the European Parliament and of the Council on the assessment of the effects of certain plans and programmes on the environment;
“the Habitats Directive” means Council Directive 92/43/EECon the conservation of natural habitats and of wild flora and fauna, as last amended by Council Directive 97/62/EC5;
“Northern Ireland” has the meaning given by section 98 of the Northern Ireland Act 19986;
“plans and programmes” means plans and programmes, including those co-financed by the European Community, as well as any modifications to them, which—
(a) are subject to preparation or adoption by an authority at national, regional or local level; or
(b) are prepared by an authority for adoption, through a legislative procedure by Parliament or Government; and, in either case,
(c) are required by legislative, regulatory or administrative provisions; and
“responsible authority”, in relation to a plan or programme, means—
(a) the authority by which or on whose behalf it is prepared; and
(b) where, at any particular time, that authority ceases to be responsible, or solely responsible, for taking steps in relation to the plan or programme, the person who, at that time, is responsible (solely or jointly with the authority) for taking those steps;
“Scotland” has the meaning given by section 126 of the Scotland Act 19987; and
“Wales” has the meaning given by section 155 of the Government of Wales Act 19988.
(2) Other expressions used both in these Regulations and in the Environmental Assessment of Plans and Programmes Directive have the same meaning in these Regulations as they have in that Directive.
Application of Regulations
3.—(1) With the exception of regulations 14 and 15, these Regulations apply as follows.
(2) These Regulations apply to a plan or programme relating—
(a)
(a) solely to the whole or any part of England; or
(b)
(b) to England (whether as to the whole or part) and any other part of the United Kingdom.
(3) These Regulations apply to a plan or programme relating (whether wholly or in part) to the Isles of Scilly as if the Isles were a county in England.
(4) These Regulations do not apply to a plan or programme relating solely —
(a)
(a) to the whole or any part of Northern Ireland;
(b)
(b) to the whole or any part of Scotland; or
(c)
(c) to the whole or any part of Wales.
Consultation bodies
4.—(1) Subject to paragraph (5), in relation to every plan or programme to which these Regulations apply, each of the following bodies shall be a consultation body—
(a)
(a) the Countryside Agency;
(b)
(b) the Historic Buildings and Monuments Commission for England (English Heritage);
(c)
(c) English Nature; and
(d)
(d) the Environment Agency,
but where paragraph (2), (3) or (4) applies, the functions of those bodies under these Regulations shall be exercisable only in relation to so much of the plan or programme as relates to England.
(2) In relation to such part of a plan or programme to which these Regulations apply as relates to Northern Ireland, the Department of the Environment for Northern Ireland shall be a consultation body for the purposes of these Regulations.
(3) In relation to such part of a plan or programme to which these Regulations apply as relates to Scotland, each of the following shall be a consultation body for the purposes of these Regulations—
(a)
(a) the Scottish Ministers;
(b)
(b) the Scottish Environment Protection Agency; and
(c)
(c) Scottish Natural Heritage.
(4) In relation to such part of a plan or programme to which these Regulations apply as relates to Wales, each of the following shall be a consultation body for the purposes of these Regulations—
(a)
(a) the National Assembly for Wales; and
(b)
(b) the Countryside Council for Wales.
(5) Where a body mentioned in paragraph (1) is at any time the responsible authority as regards a plan or programme, it shall not at that time exercise the functions under these Regulations of a consultation body in relation to that plan or programme; and references to the consultation bodies in the following provisions of these Regulations shall be construed accordingly.
PART 2
ENVIRONMENTAL ASSESSMENT FOR PLANS AND PROGRAMMES
Environmental assessment for plans and programmes: first formal preparatory act on or after 21st July 2004
5.—(1) Subject to paragraphs (5) and (6) and regulation 7, where—
(a)
(a) the first formal preparatory act of a plan or programme is on or after 21st July 2004; and
(b)
(b) the plan or programme is of the description set out in either paragraph (2) or paragraph (3),
the responsible authority shall carry out, or secure the carrying out of, an environmental assessment, in accordance with Part 3 of these Regulations, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.
(2) The description is a plan or programme which—
(a)
(a) is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use, and
(b)
(b) sets the framework for future development consent of projects listed in Annex I or II to Council Directive 85/337/EECon the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC9.
(3) The description is a plan or programme which, in view of the likely effect on sites, has been determined to require an assessment pursuant to Article 6 or 7 of the Habitats Directive.
(4) Subject to paragraph (5) and regulation 7, where—
(a)
(a) the first formal preparatory act of a plan or programme, other than a plan or programme of the description set out in paragraph (2) or (3), is on or after 21st July 2004;
(b)
(b) the plan or programme sets the framework for future development consent of projects; and
(c)
(c) the plan or programme is the subject of a determination under regulation 9(1) or a direction under regulation 10(3) that it is likely to have significant environmental effects,
the responsible authority shall carry out, or secure the carrying out of, an environmental assessment, in accordance with Part 3 of these Regulations, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.
(5) Nothing in paragraph (1) or (4) requires the carrying out of an environmental assessment for—
(a)
(a) a plan or programme the sole purpose of which is to serve national defence or civil emergency;
(b)
(b) a financial or budget plan or programme; or
(c)
(c) a plan or programme co-financed under—
(i) the 2000-2006 programming period for Council Regulation (EC) No. 1260/1999; or
(ii) the 2000-2006 or 2000-2007 programming period for Council Regulation (EC) No. 1257/1999.
(6) An environmental assessment need not be carried out—
(a)
(a) for a plan or programme of the description set out in paragraph (2) or (3) which determines the use of a small area at local level; or
(b)
(b) for a minor modification to a plan or programme of the description set out in either of those paragraphs,
unless it has been determined under regulation 9(1) that the plan, programme or modification, as the case may be, is likely to have significant environmental effects, or it is the subject of a direction under regulation 10(3).
Environmental assessment for plans and programmes: first formal preparatory act before 21st July 2004
6.—(1) Subject to paragraph (2) and regulation 7, where—
(a)
(a) a plan or programme of which the first formal preparatory act is before 21st July 2004 has not been adopted or submitted to the legislative procedure for adoption before 22nd July 2006; and
(b)
(b) the plan or programme is such that, had the first act in its preparation occurred on 21st July 2004, the plan or programme would have required an environmental assessment by virtue of regulation 5(1); or
(c)
(c) the responsible authority is of the opinion that, if a determination under regulation 9(1) in respect of the plan or programme had been made on 21st July 2004, it would have determined that the plan or programme was likely to have significant environmental effects,
the responsible authority shall carry out, or secure the carrying out of, an environmental assessment, in accordance with Part 3 of these Regulations, during the preparation of that plan or programme and before its adoption or submission to the...
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