GAS Citation, commencement, extent and application 1 1 These Regulations may be cited as the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 and shall come into force on 15th July 1999. 2 These Regulations do not extend to Northern Ireland. 3 These Regulations apply to pipe-line works which fall within the class of development described as permitted development in Class F(a) of Part 17 of Schedule 2 to the 1995 Order or specified in Class 39(1)(a) of Part 13 of Schedule 1 to the 1992 Order , as appropriate, but do not apply to any such pipe-line works– a which were commenced by a public gas transporter or for the execution of which a public gas transporter invited tenders, before the date on which these Regulations come into force; b to the extent specified by regulations 4 (pipe-line works subject to planning permission in England and Wales) and 5 (pipe-line works subject to planning permission in Scotland) below. Interpretation 2 1 In these Regulations– “the 1986 Act ” means the Gas Act 1986 ; “the 1999 Scottish EIA Regulations” means the Environmental Impact Assessment (Scotland) Regulations 1999; “the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 ; “the 1995 Order” means the Town and Country Planning (General Permitted Development) Order 1995 ; “the 1999 EIA Regulations ” means the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 ; “additional information” means information which— is made available to the Secretary of State— after the date on which the application for consent accompanied by an environmental statement is received by the Secretary of State; and before determination by the Secretary of State of the application for consent pursuant to regulation 14(1) below; is of material relevance to the environmental statement; and is not further information or supplementary information; “application for consent” means an application made by a gas transporter to the Secretary of State for his consent to the carrying out of proposed pipe-line works; “appropriate local planning authority” has the same meaning as in article 4(6) of the 1995 Order ; “appropriate particulars” means, in relation to a request for an environmental determination or a request under regulation 7(1) below (pre-application opinion on content of environmental statement),– a plan sufficient to identify the proposed pipe-line works and the land in which the proposed pipe-line works would be carried out; and a brief description of the nature and purpose of the proposed pipe-line works and what the public gas transporter considers to be likely to be their main effects on the environment; “authorised area”, in relation to a public gas transporter, means so much of any area specified in the licence granted to the transporter concerned under section 7 of the 1986 Act or an extension of such licence as is not specified in a subsequent licence or extension granted under that section to another person; “construction”, in relation to a pipe-line, includes placing and cognate expressions shall be construed accordingly; “the consultation bodies”, in relation to proposed pipe-line works, means– the relevant planning authority; in the case of proposed pipe-line works in England, the Countryside Commission , the Nature Conservancy Council for England and the Environment Agency ; in the case of proposed pipe-line works in Scotland, Scottish Natural Heritage and the Scottish Environment Protection Agency ; in the case of proposed pipe-line works in Wales, the Countryside Council for Wales and the Environment Agency; and any other body designated by statutory provision as having specific environmental responsibilities which the Secretary of State considers is likely to have an interest in the pipe-line works in question; “distribution main”, in relation to a public gas transporter, means any main of the transporter through which the transporter is for the time being distributing gas and which is not being used only for the purpose of conveying gas in bulk; “ EEA State” means a member State, Norway, Iceland or Liechtenstein; “effect” includes, except where the context otherwise requires, any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect; “ EIA development” means pipe-line works which are likely to have significant effects on the environment by virtue of factors such as their nature, size or location; “emergency works” means any works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent which are likely to cause danger to persons or property; “environmental determination”, in relation to any proposed pipe-line works, means a determination by the Secretary of State as to whether the proposed works are EIA development; “environmental statement” means a statement prepared in respect of proposed pipe-line works which includes– such information of the descriptions referred to in Schedule 1 to these Regulations as is relevant, taking into account the specific characteristics of the pipe-line works or type of pipe-line works proposed and the environmental features likely to be affected, and which the public gas transporter can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, and in every case, the following– a description of the pipe-line works proposed, comprising information about the route, the design and size of the pipe-line works; a description of the measures envisaged in order to prevent, reduce and, if possible, offset significant adverse effects; the data required to identify and assess the main effects which the pipe-line works are likely to have on the environment; an outline of the main alternatives studied by the public gas transporter and an indication of the main reasons for choosing the pipe-line works proposed, taking into account the environmental effects; a non-technical summary of the information provided under sub-sub-paragraphs (i) to (iv) above; “further information” is to be construed in accordance with regulation 11(1); “gas” means– any substance in a gaseous state which consists wholly or mainly of– methane, ethane, propane, butane, hydrogen or carbon monoxide; a mixture of two or more of those gases; or a combustible mixture of one or more of those gases and air; and any other substance in a gaseous state which is gaseous at a temperature of 15°C and a pressure of 1013.25 millibars and is specified in an order made by the Secretary of State under the 1986 Act ; “the Gazette” means— in relation to proposed pipe-line works along a route lying wholly in England and Wales, the London Gazette; in relation to proposed pipe-line works along a route lying wholly in Scotland, the Edinburgh Gazette; and in relation to pipe-line works along a route lying partly in England and Wales and partly in Scotland, the London Gazette and the Edinburgh Gazette; “in”, in a context referring to a pipe-line or works or operations in land, includes a reference to a pipe-line, works or operations under, over, across, along or upon it; “local planning authority” means an authority which is a local planning authority for the purposes of the Town and Country Planning Act 1990 ; “notice” means notice in writing and cognate expressions shall be construed accordingly; “notice of preparation of environmental statement”, in relation to proposed pipe-line works, means a notice to the Secretary of State– stating that the public gas transporter proposing to carry out the works in question will prepare and submit to the Secretary of State an environmental statement relating to those works; including the information necessary to identify, or being accompanied by documents identifying, the proposed pipe-line works, the land in which the proposed pipe-line works would be carried out and the nature and purpose of the works; and indicating the main environmental consequences to which the public gas transporter proposes to refer in his environmental statement. “pipe-line” means a pipe-line, other than a small service pipe, within the meaning of section 65 of the Pipe-lines Act 1962 which is intended to convey gas; “pipe-line works” means the carrying out of building, engineering or other operations in land for the construction of a pipe-line, not being emergency works; “planning authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; “public gas transporter” means the holder of a licence under section 7(1) of the 1986 Act except where the holder is acting otherwise than for purposes connected with– the carrying on of activities authorised by the licence; the conveyance of gas through pipes which– are situated in an authorised area of his; or are situated in an area which was an authorised area of his, or an authorised area of a previous holder of the licence, and were so situated at a time when it was such an area; or the conveyance through pipes of gas which is in the course of being conveyed to or from a country or territory outside Great Britain; “register” means– in relation to proposed pipe-line works in England and Wales, a register kept pursuant to section 69 (registers of applications etc.) of the Town and Country Planning Act 1990; and in relation to proposed pipe-line works in Scotland, a register kept pursuant to section 36 (registers of applications etc.) of the Town and Country Planning (Scotland) Act 1997 , and in each case, “appropriate register” means the register on which particulars of a planning application for the relevant pipe-line works would fall to be placed in the event of such an application being made; “relevant planning authority” means in the case of proposed pipe-line works the subject of– a request for an environmental determination; a notice of preparation of environmental statement; or a direction by the Secretary of State pursuant to regulation 3(3) below (direction that an environmental statement is required), as the case may be, each local planning authority or planning authority within whose area any of the works are proposed to be carried out; “request for an environmental determination” means a request for an environmental determination which is made to the Secretary of State in writing and is accompanied by the appropriate particulars; “selection criteria” means the criteria set out in Schedule 2 to these Regulations; “sensitive area” means any of the following– land notified under subsection (1) of section 28 (areas of special scientific interest) of the Wildlife and Countryside Act 1981 ; an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 applies; land to which subsection (3) of section 29 (nature conservation orders) of the Wildlife and Countryside Act 1981 applies; a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ; the Broads ; a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and National Heritage ; a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 ; an area of outstanding natural beauty designated as such by an order made under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949 as confirmed by the Secretary of State; a European site within the meaning of regulation 10 of the Conservation (Natural Habitats, etc.) Regulations 1994 ; an area designated as a Natural Heritage Area by a direction made by the Secretary of State under section 6(2) of the Natural Heritage (Scotland) Act 1991 or as a National Scenic Area by a direction made by the Secretary of State under section 262C of the Town and County Planning (Scotland) Act 1972 ; and a national nature reserve designated by Scottish Natural Heritage under section 35 of the Wildlife and Countryside Act 1981; “small service pipe” means a pipe-line, other than a distribution main of a public gas transporter, not exceeding 500 metres in length which has a design operating pressure not exceeding 2 bar gauge and the purpose of which is the conveyance of gas from such a main to any premises, and includes part of any such pipe-line; “supplementary information” means information which is— provided to the Secretary of State by the applicant in order to supplement the environmental statement; and submitted to the Secretary of State no later than 14 days after the date of receipt by the Secretary of State of the environmental statement; and “working width” means in relation to a proposed pipe-line, the area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for the construction or installation of the pipe-line. 2 References in these Regulations to proposed pipe-line works include, in the case of pipe-line works in respect of which the Secretary of State has made a direction under regulation 3(3) below (direction that an environmental statement is required) after the works in question have already been commenced, references to any pipe-line works necessary for the completion of those works. Environmental statements 3 1 Subject to paragraph (5) and regulations 4 (pipe-line works subject to planning permission in England and Wales) and 5 (pipe-line works subject to planning permission in Scotland) below, where a public gas transporter proposes to carry out any pipe-line works of the kind described in Part 1 of Schedule 3 to these Regulations, he shall not commence such works without first giving the Secretary of State a notice of preparation of environmental statement. 2 Subject to paragraph (5) and regulations 4 and 5 below, where a public gas transporter proposes to carry out any pipe-line works of a kind described in Part 2 of Schedule 3 to these Regulations, he shall not commence such works unless either– a in response to a request from the public gas transporter, the Secretary of State has made an environmental determination and such determination has not at the time of commencement of such works ceased to have effect in accordance with regulation 6(8) below (determination to cease to have effect where works not commenced within 5 years), or b the public gas transporter has given the Secretary of State a notice of preparation of environmental statement. 3 Subject to paragraph (4) and regulations 4 and 5 below, in any case (other than in response to a request for an environmental determination) where it appears to the Secretary of State, having taken into account the selection criteria, that a public gas transporter proposes to carry out or is carrying out any pipe-line works which are EIA development, and the public gas transporter has not given a notice of preparation of environmental statement, the Secretary of State shall– a giving his reasons for his opinion, in writing direct the public gas transporter to prepare an environmental statement, and b send a copy of the direction to the relevant planning authority and to such other persons as he thinks fit, together with, where necessary, documents sufficient to identify the proposed pipe-line works and the land in which the proposed pipe-line works would be carried out. 4 Before making a direction pursuant to paragraph (3) above, the Secretary of State shall consult the public gas transporter who is proposing to carry out or is carrying out such works and such other persons as he thinks fit. 5 Where– a the Secretary of State determines in response to a request for an environmental determination that the pipe-line works in question are EIA development, b the Secretary of State directs that an environmental statement be prepared pursuant to paragraph (3) above, or c the public gas transporter gives the Secretary of State a notice of preparation of environmental statement, the public gas transporter shall not commence or continue the pipe-line works in question without first making an application for and obtaining the consent of the Secretary of State under regulation 14 below (consent to pipe-line works) to the carrying out of those works. 6 An application under paragraph (5) above for the consent of the Secretary of State to the carrying out of proposed pipe-line works shall be made by letter addressed to the Secretary of State, shall be accompanied by a copy of the environmental statement and shall include, or be accompanied by documents containing, the following information– a the name and address of the public gas transporter; b the location of the proposed pipe-line works; and c a brief description of the nature and purpose of the proposed pipe-line works and of the main environmental consequences referred to in the environmental statement relating to the works. Pipe-line works subject to planning permission in England and Wales 4 1 Regulation 3 above (environmental statements) shall not apply or, subject to paragraph (3) below, shall cease to apply, as the case may be, in respect of any pipe-line works in relation to which a direction has been given pursuant to article 4(1) of the 1995 Order that the planning permission granted by article 3 of that Order shall not apply. 2 A direction given by the appropriate local planning authority pursuant to article 4(1) of the 1995 Order which requires the approval of the Secretary of State under that Order shall not be treated for the purposes of this regulation as having been given until the date on which notice of such approval is served, or first published, as the case may be, by the authority in accordance with the provisions of article 5 of the 1995 Order. 3 Where, in relation to proposed pipe-line works, the Secretary of State makes an environmental determination or gives a direction pursuant to regulation 3(3) above (direction that an environmental statement is required) before the date on which a direction pursuant to article 4(1) of the 1995 Order is given, that determination or direction shall, notwithstanding any provisions to the contrary in the 1999 EIA Regulations, a be conclusive for the purposes of those Regulations of the question of whether the pipe-line works in question are, or are not, EIA development within the meaning of the 1999 EIA Regulations; and b be treated for the purposes of those Regulations as if it were a direction by the Secretary of State under regulation 6 of the 1999 EIA Regulations. Pipe-line works subject to planning permission in Scotland 5 1 Regulation 3 above (environmental statements) shall not apply or, subject to paragraph (3) below, shall cease to apply, as the case may be, in respect of any pipe-line works in relation to which a direction has been given pursuant to article 4(1) of the 1992 Order that the planning permission granted by article 3 of that Order shall not apply. 2 A direction given by a planning authority pursuant to article 4(1) of the 1992 Order which requires the approval of the Secretary of State under that Order shall not be treated for the purposes of this regulation as having been given until the date on which notice of such approval is served, or first published, as the case may be, by the planning authority in accordance with the provisions of article 5 of the 1992 Order. 3 Where in relation to proposed pipe-line works the Secretary of State makes an environmental determination or gives a direction pursuant to regulation 3(3) above (direction that an environmental statement is required) before the date on which a direction pursuant to article 4(1) of the 1992 Order is given, that determination or direction shall, notwithstanding any provisions to the contrary in the 1999 Scottish EIA Regulations, a be conclusive for the purposes of those Regulations of the question of whether the pipe-line works in question are, or are not, EIA development within the meaning of the 1999 Scottish EIA Regulations ; and b be treated for the purposes of those Regulations as if it were a direction by the Scottish Ministers under regulation 6 of the 1999 Scottish EIA Regulations. Requests to the Secretary of State for an environmental determination 6 1 This regulation applies where a public gas transporter– a makes a request for an environmental determination as referred to in regulation 3(2)(a) above, or b proposes to carry out pipe-line works which are not of a kind described in either Part 1 or Part 2 of Schedule 3 to these Regulations, but nevertheless, before commencing such works, makes a request for an environmental determination. 2 The Secretary of State shall, subject to paragraph (4) below, having– a taken into account the selection criteria; and b consulted the relevant planning authority, unless the public gas transporter making the request has already conveyed the written views of the relevant planning authority concerned to the Secretary of State, make such environmental determination as he thinks fit and send a copy to the public gas transporter who made the request. 3 The public gas transporter making the request shall supply the Secretary of State with such number of additional copies of the plan accompanying the request as the Secretary of State may reasonably require. 4 The Secretary of State on receiving a request for an environmental determination shall, if he considers that he has not been provided with sufficient information to enable him to make a determination or to consult in accordance with paragraph (2)(b) above, notify the public gas transporter making the request of the particular points on which he requires further information. 5 If the relevant planning authority wishes to give any views to the Secretary of State, it shall do so by a date no later than 4 weeks after the date on which it was consulted under paragraph (2)(b) above. 6 The Secretary of State shall make an environmental determination in response to a request for the same by a date no later than 4 weeks after whichever is the latest of– a the date of the receipt of the request by the Secretary of State; b the date of receipt by him of further information pursuant to a notice under paragraph (4) above; or c if the Secretary of State has consulted the relevant planning authority under paragraph (2)(b) above, the expiry of the period for the relevant planning authority to give its views to the Secretary of State in accordance with paragraph (5) above, or, if earlier, the date by which he has received the views of the relevant planning authority, or by such later date as may be agreed in writing with the public gas transporter. 7 Where, in response to a request for an environmental determination, the Secretary of State determines that proposed pipe-line works are EIA development, he shall provide with the determination a written statement of the reasons for his determination. 8 A determination made by the Secretary of State in response to a request for an environmental determination that proposed pipe-line works are not EIA development shall cease to have effect after the expiration of 5 years from the date on which the determination is made, unless the pipe-line works to which it relates have been substantially begun before the expiration of that period. 9 Where the Secretary of State makes an environmental determination, he shall forthwith send a copy of the determination and the statement of reasons, if any, accompanying the determination to the relevant planning authority and to such other persons as he considers should receive a copy and shall also send a copy of the relevant request and the documents which accompanied it. Pre-application requests to the Secretary of State for an opinion as to content of environmental statement 7 1 This regulation applies where a public gas transporter, either at the same time as making a request for an environmental determination or at any other time before applying to the Secretary of State for his consent to the carrying out of proposed pipe-line works, makes a request to the Secretary of State accompanied by the appropriate particulars for the Secretary of State’s opinion in writing as to the information to be provided in the environmental statement to be submitted by the public gas transporter to the Secretary of State under these Regulations. 2 Subject to paragraph (3) below, the Secretary of State shall give an opinion in response to a request under paragraph (1) above, having first– a taken into account– i the specific characteristics of the particular proposed pipe-line works; ii the specific characteristics of pipe-line works of the type concerned; iii the environmental features likely to be affected by the pipe-line works; and iv the extent to which the public gas transporter who made the request under paragraph (1) above may reasonably be required to compile the information, having regard, inter alia, to current knowledge and methods of assessment, and b consulted the public gas transporter who made the request and the consultation bodies. 3 The Secretary of State on receiving a request under paragraph (1) above shall, if he considers that he has not been provided with sufficient information to enable him to give an opinion on the questions raised or to consult in accordance with paragraph (2)(b) above, notify the public gas transporter making the request of the particular points on which he requires further information. 4 The public gas transporter making the request shall supply the Secretary of State with such number of additional copies of the plan accompanying the request as the Secretary of State may reasonably require. 5 If the public gas transporter and the consultation bodies wish to give any views to the Secretary of State, they shall do so by a date no later than 4 weeks after the date on which they were consulted under paragraph (2)(b) above. 6 The Secretary of State shall give an opinion in response to a request under paragraph (1) above no later than 4 weeks after whichever is the latest of– a the date of the receipt of the request by the Secretary of State; b the date of receipt by him of further information pursuant to a notice under paragraph (3) above; or c the expiry of the period for the public gas transporter and the consultation bodies to give their views to the Secretary of State in accordance with paragraph (5) above, or, if earlier, the date by which he has received the views of the public gas transporter and all the consultation bodies consulted under paragraph (2)(b) above, or by such later date as may be agreed in writing with the public gas transporter. 7 Where the Secretary of State has given an opinion in response to a request under paragraph (1) above, he shall not be precluded from requiring of the public gas transporter to whom that opinion was given further information in connection with any environmental statement that may be submitted by the public gas transporter in connection with the same, or substantially the same, pipe-line works as were referred to in the request. 8 Where the Secretary of State has given an opinion in response to a request pursuant to paragraph (1) above, he shall forthwith send to the relevant planning authority, any other consultation body and such other persons he considers appropriate— a a copy of that opinion; and b a copy of the relevant request and the documents which accompanied it. Availability of directions, determinations etc. for inspection 8 Where the Secretary of State sends a relevant planning authority a copy of a direction made pursuant to regulation 3(3) above, an environmental determination made pursuant to regulation 6(1) above, or an opinion given in response to a request made pursuant to regulation 7(1) above (pre-application requests to the Secretary of State for an opinion as to content of environmental statement), the relevant planning authority shall ensure that a copy of the determination or direction and the documents sent with it are as soon as reasonably practicable made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant section of that register) is kept and that all such copies remain so available for a period of two years. Provision of information 9 1 Where the Secretary of State determines in response to a request for an environmental determination that proposed pipe-line works are EIA development, receives a notice of preparation of environmental statement or directs that such a statement be prepared pursuant to regulation 3(3) above, he shall, a notify the consultation bodies of the name and address of the public gas transporter concerned and of the duty imposed on them by paragraph (2) below to make information available to the public gas transporter; and b inform the public gas transporter in writing of the names and addresses of the consultation bodies so notified. 2 Subject to paragraph (3) below, any consultation body notified in accordance with paragraph (1) above that a public gas transporter is to submit an environmental statement shall, if so requested in writing by the public gas transporter, enter into consultation with the public gas transporter to determine whether the body has in its possession any information which it or the public gas transporter considers relevant to the preparation of an environmental statement and which, but for the provisions of this paragraph, could not readily be obtained by the public gas transporter, and if it has such information, the body shall make it available to the public gas transporter. 3 A reasonable charge reflecting the cost of making the relevant information available may be made by any body supplying it. 4 Nothing in this regulation shall require the disclosure of any information which is by virtue of any rule of the law of any part of Great Britain subject to any obligation of confidentiality. Publicity for environmental statements 10 1 In any case where a public gas transporter has made an application to the Secretary of State for consent to the carrying out of proposed pipe-line works, accompanied by an environmental statement relating to those works, the following provisions of this regulation shall apply. 2 The gas transporter shall serve on the consultation bodies as soon as is reasonably practicable— a a copy of the application for consent, the environmental statement and any supplementary information; and b a notice stating that representations may be made to the Secretary of State by a date specified in the notice which shall be at least 28 days after the date on which the application for consent, the environmental statement and any supplementary information were served on the body, and he shall inform the Secretary of State in writing of the names and addresses of every such body on whom he has served copies, and the dates on which they were served, in each case no later than 7 days after the date of such service. 3 The gas transporter shall, as soon as is reasonably practicable, publish a notice which states— a the gas transporter’s name and address and that he is an applicant for consent under these Regulations for proposed pipe-line works; b the location and the nature of the proposed pipe-line works and, where relevant, the fact that such works would be likely to have a significant effect on the environment in another EEA State; c that an environmental statement has been prepared and that a copy of the application for consent, the environmental statement and any supplementary information may be inspected by members of the public at all reasonable hours; d the address of the relevant planning authority premises referred to in paragraph (6) below at which the application for consent, the environmental statement and any supplementary information may be inspected and the latest date (being a date not less than 28 days after the date on which the notice is to be last published, pursuant to paragraph (4) below) on which they will be available for inspection; e the address in Great Britain referred to in paragraph (5)(b) below at which copies of the application for consent, the environmental statement and any supplementary information may be obtained and that copies of the environmental statement may be obtained there and, subject to regulation 12 (charges) below, specify the amount of any charge to be made for a copy of the statement; f that any person wishing to make representations in relation to the application for consent should make them in writing to the Secretary of State by the date stated in accordance with sub-paragraph (d) above and specify the address to which any such representations should be sent; g the nature of possible decisions to be taken in response to the application for consent; and h the arrangements made for consulting the public pursuant to this regulation. 4 The gas transporter shall publish the notice referred to in paragraph (3) above in two successive weeks— a in the Gazette; and b in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out. 5 The public gas transporter shall– a at least 7 days before the date on which the notice referred to in paragraph (3) above is to be first published, ... supply free of charge to the relevant planning authority a copy of the application for consent, environmental statement and any supplementary information for the purposes of inspection by members of the public in accordance with paragraph (6) below and notify the authority of the intended date of first publication; b make available at an address in Great Britain enough copies of the application for consent, the environmental statement and any supplementary information to be likely to satisfy all reasonable demands for copies pursuant to paragraph (3)(e) above; and c subject to sub-paragraph (b) above and to the receipt by the public gas transporter of any sum referred to in paragraph (3)(e) above, supply during the period referred to in paragraph (6) below to any person on request a copy of the application for consent, the environmental statement and any supplementary information . 6 The relevant planning authority shall make available premises at which copies of the application for consent, the environmental statement and any supplementary information may be inspected by members of the public free of charge at all reasonable hours for a period commencing on the date of first publication notified to it by the public gas transporter in accordance with paragraph (5)(a) above and expiring on the date stated in accordance with paragraph (3)(d) above. 7 The public gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes in which the notice referred to in paragraphs (3) and (4) above appeared in each case no later than 7 days after the date of publication of those newspapers or Gazettes. Further information and evidence respecting environmental statements 11 1 Where the Secretary of State has been provided with an environmental statement he may in writing require the public gas transporter to provide in respect of such statement such further information as he may specify , and such information provided by the gas transporter is referred to in this regulation, and regulations 2, 12 and 14 as “further information” . 2 Where, in the opinion of the Secretary of State, any further information ought to have been included in the environmental statement in question, the Secretary of State shall notify the public gas transporter and the relevant planning authority in writing accordingly, specifying the information in question, and the provisions of paragraphs (3) to (7) below shall apply in respect of such further information . 3 The public gas transporter shall serve a copy of the further information on the consultation bodies, together with a notice referring to the material previously served on that body and stating that further representations may be made in writing to the Secretary of State by a date specified in the notice which shall be at least 28 days after the date on which the further information and notice were served on the body and the public gas transporter shall inform the Secretary of State in writing of the names and addresses of every such body on whom he has served those documents, and the dates on which they were served. 4 The public gas transporter and the relevant planning authority shall make available to the public copies of the application for consent, the environmental statement and the further information in the same way as they each previously made available the application for consent, the environmental statement and any supplementary information for the period commencing on the date of first publication of the notice referred to in paragraph (5) below and expiring on a date not less than 28 days after the date on which the notice is to be last published pursuant to that paragraph . 5 The gas transporter shall publish a notice containing the information specified in paragraph (6) below in two successive weeks— a in the Gazette; and b in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out. 6 A notice published pursuant to paragraph (5) above shall— a refer to the previous notice in respect of the application for consent, the environmental statement and any supplementary information and state that further information has been provided; b state that a copy of the application for consent, the environmental statement, any supplementary information and the further information may be inspected by members of the public at all reasonable hours; c give the address at which copies of those documents may be inspected and the latest date (being a date not less than 28 days after the date on which the notice is to be last published pursuant to paragraph (5) above) on which they will be available for inspection; d give the address at which copies of the application for consent, the environmental statement, any supplementary information and the further information may be obtained and state that copies of those documents may be obtained there and, subject to regulation 12 (charges) below, specify the amount of any charge to be made for a copy of the statement or information; and e state that any person wishing to make representations about the application for consent should make them in writing to the Secretary of State by a date not less than 28 days after the date on which the notice is to be last published pursuant to (5) above and specify the address to which any such representations should be sent. 7 The public gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes in which the notice referred to in paragraph (5) above appeared in each case no later than 7 days after the date of publication of those newspapers and Gazettes. 8 The Secretary of State may in writing require a public gas transporter to produce such evidence as he may reasonably require in support of anything contained in the public gas transporter’s environmental statement. Additional information and publicity 11A 1 Where additional information is received by the Secretary of State, he shall serve a copy of the additional information on the consultation bodies and either— a in any case where the additional information is provided to the Secretary of State by the applicant, notify the applicant that the information has been served on the consultation bodies; or b in any case where the additional information is provided to the Secretary of State by a person other than the applicant, serve a copy of the additional information on the applicant. 2 Where the applicant has been notified that additional information has been served on the consultation bodies in accordance with paragraph (1)(a) above or been served with a copy of the additional information pursuant to paragraph (1)(b) above, the applicant shall— a publish in accordance with paragraph (4) below a notice containing the information specified in paragraph (5) below; and b serve a copy of that notice on the Secretary of State. 3 Where the Secretary of State receives a notice which has been served on him by the gas transporter pursuant to paragraph (2)(b) above, he shall serve a copy of that notice on the consultation bodies. 4 The notice referred to in paragraph (2)(a) above shall be published in two successive weeks— a in the Gazette; and b in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out. 5 The notice referred to in paragraph (2)(a) above shall— a describe the application for consent in question and state that the Secretary of State has received additional information; b identify the relevant planning authority on whom the Secretary of State is required to serve a copy of the additional information pursuant to paragraph (1)(b) above; c state that the relevant planning authority identified in (b) above is required to take steps to ensure that the additional information is made available for inspection by the public at all reasonable hours; d state that requests for copies of the additional information may be sent to the Secretary of Sate and specify an address for that purpose; e state a date not less than four weeks after the date on which the notice is to be last published in accordance with paragraph (4) above by which any person may make representations to the Secretary of State in relation to the additional information and specify the address to which any such representations are to be sent; and f state that the requirements set out in sub-paragraphs (b) to (d) above will also apply in respect of any additional information received by the Secretary of State after the date of the notice. 6 Paragraphs (2) to (5) above shall not apply where a notice containing the information specified in paragraph (5) has previously been— a published by the applicant in accordance with paragraph (4) above; and b served on the Secretary of State pursuant to paragraph (3) above. 7 The gas transporter shall provide the Secretary of State with copies of each of the newspapers and Gazettes in which the notice referred to in paragraph (2)(a) above appeared in each case no later than 7 days after the date of publication of that newspaper or Gazette. 8 The Secretary of State shall not determine the application for consent until the later of— a fourteen days after the last date on which a copy of the notice published pursuant to paragraph (2)(a) above was served in accordance with paragraph (3) above; or b the date stated in the notice pursuant to paragraph (5)(e) above. Charges 12 A public gas transporter may make– a the supply to a member of the public of a copy of an environmental statement, any supplementary information or any further information in accordance with regulations 10 (publicity for environmental statements) and 11 (further information and evidence respecting environmental statements) above; and b the supply to the consultation bodies of any copy, in excess of one, of an environmental statement, any supplementary information or any further information in accordance with regulations 10(2) or 11(3) above, conditional on the receipt by the public gas transporter, in relation to each supply, of a reasonable sum (in case of dispute, to be determined by the Secretary of State) calculated by reference to the cost of printing and distributing copies of the environmental statement, any supplementary information or any further information , as the case may be. Projects affecting other States 13 1 Where in the case of any pipe-line works proposed to be carried out in Great Britain the Secretary of State determines in response to a request for an environmental determination that proposed pipe-line works are EIA development, or receives a notice of preparation of environmental statement or directs that an environmental statement be prepared pursuant to regulation 3(3) above and– a it appears to the Secretary of State that such works are likely to have significant effects on the environment of another member State; or b another member State which considers its environment is likely to be significantly affected by such works so requests, the Secretary of State shall send the member State in question as soon as possible and no later than the date on which the environmental statement in respect of the proposed pipe-line works is made available to the public (except in a case where a request is made by a member State after that date)– i a description of the proposed pipe-line works, together with any available information on the possible significant effects of the proposed pipe-line works on the environment of the other member State; and ii a notice explaining the nature of the decision to be taken as to whether or not to grant consent for the carrying out of the proposed pipe-line works and informing the member State in question that it may within such reasonable period as may be specified in the notice request to participate in the procedure relating to the taking of the decision pursuant to these Regulations. 2 Where another member State requests to participate in the procedure under these Regulations in relation to particular proposed pipe-line works, the Secretary of State shall– a save to the extent that he has not already done so, send that member State– i a copy of the application for consent ...; ii the environmental statement in respect of the proposed pipe-line works; and iii to the extent that it is not included in the items referred to in sub-sub-paragraph (i) or (ii) above and subject to paragraph (4) below, any other available information which is relevant to the procedure under these Regulations; and b enter into consultations with the member State concerned, for such reasonable period as may have been agreed with that member State, regarding, inter alia, the possible significant effects of the proposed pipe-line works on the environment of that member State and the measures envisaged to reduce or eliminate such effects. 3 Where it appears to the Secretary of State that the carrying out of any proposed pipe-line works of the kind referred to in paragraph (1) above would be likely to have a significant effect on the environment of an EEA State other than a member State or such EEA State which considers that its environment is likely to be significantly affected by such works so requests, the Secretary of State shall send the State in question the environmental statement relating to the pipe-line works in question at the same time as it is made available to the public pursuant to these Regulations or where a request is made after the date on which the environmental statement is made available to the public, as soon as reasonably practicable after receipt of the request by the Secretary of State. 4 Nothing in this regulation shall require the disclosure by the Secretary of State of any information which is by virtue of any rule of the law of any part of Great Britain subject to any obligation of confidentiality. 5 Where the Secretary of State notifies a public gas transporter that the provisions of paragraph (1) or (3) of this regulation apply in respect of a particular application for consent ..., the public gas transporter, in any case where he has not already done so, shall not make available to the public in accordance with regulation 10 above (publicity for environmental statement) the items referred to in that regulation until the Secretary of State has notified the public gas transporter that he has sent to the EEA State concerned the information referred to either in paragraph (1)(i) and (ii) above or paragraph (3) above, as appropriate. Consent to pipe-line works 14 1 In any case where a public gas transporter has made an application to the Secretary of State, accompanied by an environmental statement, for his consent to the carrying out of proposed pipe-line works, the Secretary of State– a being satisfied that the requirements of regulations 10, 11 and 11A above (requirements as to consultation and publicity) have been substantially met; and b after considering– i the environmental statement and any supplementary information; ii any further information or additional information; iii any representations made by the consultation bodies in respect of the proposed pipe-line works; and iv any opinions expressed by the public; and c after having regard both to the effect of the proposed pipe-line works on the environment and to the desirability of those works being carried out in the interests of the development and maintenance of an efficient and economical system for the conveyance of gas as respects the public gas transporter’s authorised area, may, subject to paragraph (2) below, consent to the carrying out of the proposed pipe-line works either unconditionally or subject to such conditions as he considers appropriate or refuse consent to such works and shall state in his decision that he has taken the matters mentioned in sub-paragraph (b) above into consideration. 2 In any case where another member State has, in relation to an application for consent ..., requested in accordance with regulation 13(2) above to participate in the procedure under these Regulations, the Secretary of State shall not grant any consent for such works pursuant to paragraph (1) above unless he– a is satisfied that the requirements of regulation 13(1) and (2) above (projects affecting other States) have been complied with; b has communicated to that member State the response that he proposes to make to the application for consent (including information as to any measures envisaged to reduce or eliminate any possible significant effects of the proposed pipe-line works on the environment of the other member State); c is satisfied that– i the member State concerned has been consulted regarding the proposed pipe-line works for such reasonable period as may have been agreed with such member State pursuant to regulation 13(2)(b) above and in particular that it has been afforded a reasonable opportunity to make representations regarding the pipe-line works in question and the proposed response referred to in sub-paragraph (b) above; and ii an opportunity has been afforded to the public in that member State and to those authorities which by reason of their particular environmental responsibilities in that member State are likely to be interested in the proposed pipe-line works to forward to the Secretary of State within a reasonable time representations regarding the information referred to in regulation 13(1) and (2)(a) above (information to be supplied to other member States); and d has taken into consideration any representations made by the member State, members of the public and authorities in that member State and any information regarding the proposed pipe-line works supplied by any of them. 3 Any consent given by the Secretary of State pursuant to paragraph (1) above to the carrying out of the proposed works shall cease to have effect after the expiration of five years beginning with the date on which the consent is given unless the pipe-line works to which it relates have been substantially begun before the expiration of that period. 4 The Secretary of State shall– a notify the public gas transporter, the relevant planning authority, other consultation bodies, any EEA State which has been sent a copy of the environmental statement pursuant to regulation 13 above (projects affecting other States) and such other persons as the Secretary of State considers appropriate, in writing of his decision; and b provide to such persons together with the notification mentioned in sub-paragraph (a) above a statement containing– i the content of the decision and any conditions attached to it; ii a summary of the concerns and opinions expressed by the persons affected or likely to be affected by, or having an interest in, the procedure for consent to development; iii in the light of those concerns and opinions, the main reasons and considerations upon which the Secretary of State’s decision is based; iv a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the proposed pipe-line works; and v an explanation of the right of a person aggrieved by a decision of the Secretary of State to make an application pursuant to regulation 16 below (application to court by person aggrieved) . 5 The gas transporter shall, no later than 14 days after the date of the notification under paragraph (4)(a) above, inform the public of the decision by publishing a notice containing the information specified in paragraph (5A) below— a in the Gazette; and b in one or more local newspapers circulating in each area in which the proposed pipe-line works would be carried out. 5A The notice referred to in paragraph (5) above shall state— a the content of the decision and any conditions attached to it; and b an address in Great Britain at which copies of the statement by the Secretary of State referred to in paragraph (4)(b) above may be obtained and that such copies may be obtained free of charge by making a request to the gas transporter during a period of not less than 8 weeks immediately following the date on which the notice is to be last published pursuant paragraph (5) above. 5B The gas transporter shall satisfy all reasonable requests made during the period mentioned in paragraph (5A)(b) above for copies of the statement referred to in paragraph (4)(b) above. 6 The public gas transporter shall provide the Secretary of State with copies of each of the newspapers and the Gazettes in which the notices referred to in paragraph (5) above appeared in each case by a date no later than 7 days after the date of publication of those newspapers or the Gazettes . 7 Where the Secretary of State sends a relevant planning authority the statement referred to in paragraph (4)(b) above, the relevant planning authority shall take steps to ensure that a copy of the statement is as soon as reasonably practicable made available for public inspection at all reasonable hours and free of charge at the place where the appropriate register (or relevant section of that register) is kept and that such copy remains so available for a period of two years. Applications to court 15 1 Subject to paragraph (2) below, for the purposes of regulations 16 (application to court by person aggrieved) and 17 (application to court by Secretary of State) below, the expression “the court” means– a in respect of proposed pipe-line works in England and Wales, the High Court; and b in respect of proposed pipe-line works in Scotland, the Court of Session. 2 Where any proposed pipe-line works are situated in both of the areas referred to in paragraph (1) above, then either of the courts having jurisdiction in those areas shall have jurisdiction in relation to any question arising under regulation 16 or 17 below. Application to court by person aggrieved 16 1 On the application of any person aggrieved by– a the grant of consent in respect of any proposed pipe-line works under regulation 14 above (consent to pipe-line works), or b the attaching by the Secretary of State of a condition to such a consent under paragraph (1) of that regulation, the court may grant an order quashing the grant of consent or, as the case may be, the attaching by the Secretary of State of the condition where it is satisfied that the consent was granted or, as the case may be, the condition was attached in contravention of regulation 14(1)(b) above (consideration of environmental statement etc.) or that the interests of the applicant have been substantially prejudiced by a failure to comply with any other requirement of these Regulations. 2 An application to the court under this regulation shall be made no later than 6 weeks after the date of last publication by the public gas transporter of details of the consent or, as the case may be, the relevant condition pursuant to regulation 14(5) above. 3 The court may by interim order, pending the determination of any question referred to in paragraph (1) above, stay the operation of the consent or, as the case may be, the relevant condition on such terms as it may think fit. Application to the court by Secretary of State 17 1 If a public gas transporter carries out pipe-line works– a without all applicable requirements of these Regulations having first been complied with; or b without any necessary consent of the Secretary of State under regulation 14 above (consent to pipe-line works), or in breach of a condition attached to such a consent under paragraph (1) of that regulation, the court may, on the application of the Secretary of State, make an order restraining the public gas transporter from proceeding or continuing with the works or compelling him to the performance of any act required of him by any such condition. 2 Subject to paragraph (3) below, the court may, in addition to making such an order as is mentioned in paragraph (1) above, make an order requiring– a the removal, so far as is practicable in all the circumstances, of any pipe-line works already carried out– i without any such requirements as are mentioned in paragraph (1)(a) above having been complied with; or ii without any such consent or in breach of any such condition as are mentioned in paragraph (1)(b) above; and b where it orders the removal of any works, the reinstatement of the site where the works had been carried out. 3 The court shall not make an order under this regulation in respect of a breach of any such condition as is mentioned in paragraph (1)(b) above where it is satisfied that– a the breach in question was due to circumstances beyond the control of the public gas transporter and the breach could not reasonably have been prevented by the public gas transporter; or b the breach occurred as a result of anything required to be done as a matter of urgency for the purposes of securing the safety of any person. 4 Where the public gas transporter fails to comply with an order made pursuant to paragraph (2) above within such time as may be specified in it or, in default of such specification, within a reasonable time of the making of the order, the Secretary of State may himself take the action required by the order and the reasonable costs and expenses of doing so shall be recoverable as a debt from the public gas transporter. 5 Where the Secretary of State takes action in accordance with paragraph (4) above, that action shall be without prejudice to any consequences which may flow from the public gas transporter’s failure to comply with the order. Offences 18 1 Subject to paragraph (3) below, any person who intentionally or recklessly submits to the Secretary of State– a an environmental statement; b supplementary information; c appropriate particulars; d additional information; or e any information required to be submitted by virtue of any provision of these Regulations, which is false or misleading in a material particular shall be guilty of an offence. 2 Subject to paragraph (3) below, a public gas transporter who– a intentionally acts in breach of the terms of a condition imposed by virtue of regulation 14(1) above; or b carries out any proposed pipe-line works without any necessary consent of the Secretary of State granted in accordance with these Regulations, shall be guilty of an offence. 3 It shall be a defence to a charge under paragraph (2)(a) above for the public gas transporter to show– a that he took all reasonable steps and exercised all due diligence to avoid committing the offence; or b that the acts in question were attributable to anything required to be done as a matter of urgency for the purposes of securing the safety of any person. 4 A person guilty of an offence under this regulation shall on summary conviction be liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine. 5 Where an offence under any provision of this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 6 Where the affairs of a body corporate are managed by its members, paragraph (5) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate. 7 No proceedings for an offence under this regulation shall be instituted in England and Wales except– a by or with the consent of the Director of Public Prosecutions; or b by the Secretary of State or a person authorised by him in that behalf. Service of notices 19 1 Any notice or other document required or authorised to be given to or served on any person under these Regulations may be given or served by– a delivering it to that person; or b leaving it at his proper address; or c sending it to his proper address by the recorded delivery service. 2 Any notice or other document required or authorised to be given to or served on any body corporate or unincorporated association other than a partnership shall be duly given to or served on the secretary or clerk or other similar officer of that body. 3 Any notice or other document required or authorised to be given to or served on any partnership may be given to or served on a partner or a person having the control or management of the partnership business. 4 Subject to paragraphs 5 and 6 below, for the purposes of this regulation, the proper address of any person to whom or on whom any such notice or document is to be given or served shall be his last known address except that such address shall be– a in the case of a body corporate or their secretary or clerk, the address of the registered office or principal office of the body corporate; b in the case of an unincorporated association (other than a partnership) or their secretary or clerk, the address of the principal office of the association; and c in the case of a partnership or a person having control or the management of the partnership business, the address of the principal office of the partnership, and for the purposes of this paragraph the principal office of a company registered outside Great Britain or of a partnership carrying on business outside Great Britain shall be its principal office within Great Britain. 5 If the person to be given or served with any such notice or document has furnished the person by whom the notice or document is to be given or served with an address pursuant to any provision of these Regulations, that address shall also be treated for the purposes of this regulation as his proper address. 6 Any notice or other document relating to pipe-line works which is to be given to or served on a public gas transporter, who has for the purposes of section 46 of the 1986 Act fixed particular offices as appropriate offices in relation to notices concerning matters arising in particular areas, may be given or served by delivering it at or sending it in a pre-paid letter to any office which is an appropriate office in relation to notices concerning matters arising in an area in which any part of the pipe-line works is to be carried out. John Battle Minister for Energy and Industry, Department of Trade and Industry 12th June 1999