Exiting The European Union Citation and commencement 1 These Regulations may be cited as the Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 and come into force on IP completion day. Amendment of the Harbours Act 1964 2 1 The Harbours Act 1964 is amended as follows. 2 In section 44 (limitation of right to challenge harbour revision orders, etc., in legal proceedings), as it applies in relation to England and Wales— a in subsection (6) omit the words “, in accordance with Article 11(1)(a) of the EIA Directive,”; b for subsections (7) and (8) substitute— 7 An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Secretary of State decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3. 8 For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection. . 3 For subsections (6) to (8) of section 44, as it applies in relation to Scotland, substitute— 6 In the case of an order falling within subsection (7), an environmental organisation is to be deemed to have sufficient interest to make an application under subsection (1). 7 An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Scottish Ministers decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3. 8 For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection. . 4 In Part 1 of Schedule 3 (procedure for making harbour revision and empowerment orders)— a in paragraph 1 , as it applies in relation to England and Wales— i in paragraph (b) in the definition of “the environment” after “protected under” insert “any law of any part of the United Kingdom which implemented”; ii for the definition of “environmental assessment” substitute— “ environmental assessment ” means an assessment of the effect of anything on the environment if the assessment is carried out under— retained EU law, or any other law of any part of the United Kingdom, other than any law which implemented the EIA Directive; ; b in paragraph 1 , as it applies in relation to Scotland— i in paragraph (b) in the definition of “the environment” after “protected under” insert “any law of any part of the United Kingdom which implemented”; ii for the definition of “environmental assessment” substitute— “ environmental assessment ” means an assessment of the effect of anything on the environment if the assessment is carried out under— retained EU law, or any law of any part of the United Kingdom, other than any law which implemented the EIA Directive; ; c after paragraph 1 insert— 1A In this Part of this Schedule, references to provisions of the EIA Directive are to be read as if— a in Annex III— i in point 2(c)(v) the reference to Member States were a reference to the Secretary of State; ii in point 2(c)(vi) the reference to Union legislation were a reference to retained EU law; b in Annex IV— i in the text following point 5(g) the words “established at Union or Member State level” were omitted; ii in point 8 the following were substituted for the second sentence— Relevant information available and obtained through risk assessments pursuant to retained EU law, such as any law of any part of the United Kingdom which implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom, or relevant assessments undertaken under other domestic legislation may be used for this purpose provided that the requirements of any law of any part of the United Kingdom which implemented this Directive are met. ; d in paragraph 2 for “falling within”, in each place it occurs, substitute “of a type specified in”; e in paragraph 3(2) for “fall within” substitute “be of a type specified in”; f in paragraph (4)(2) for “falls within”, in each place it occurs, substitute “is of a type specified in”; g in paragraph 8(3)(f) after “additional information” insert “of a type”; h in paragraph 16 (projects likely to have significant effects on the environment in another EEA State)— i in subparagraph 1(c) for “another EEA State”, in each place it occurs, substitute “an EEA State”; ii for “the other EEA State”, in each place it occurs, substitute “the EEA State”; i in paragraph 20C(1)(d) for “another EEA State” substitute “an EEA State”; j in paragraph 20D(1)(b) for “satisfies or will satisfy the requirements of Article 1(2)(g)(i) to (iv) of the EIA Directive (definition of environmental impact assessment)” substitute “comprises, or will comprise, the steps set out in paragraphs (a) to (d) of the definition of “environmental impact assessment” in paragraph 1”. Amendment of the Highways Act 1980 3 1 Part VA of the Highways Act 1980 (environmental impact assessments) is amended as follows. 2 In section 105ZA(1) (interpretation)— a in paragraph (b) in the definition of “the environment” after “protected under” insert “any law of any part of the United Kingdom which implemented”; b for the definition of “environmental assessment” substitute— “ environmental assessment ” means an assessment of the effect of anything on the environment if the assessment is carried out under— retained EU law, or any other law of any part of the United Kingdom, other than any law which implemented the Directive; . 3 After section 105ZA(1) insert— 1A In this Part, references to provisions of the Directive are to be read as if— a in Annex III— i in point 2(c)(v), the reference to Member States were a reference to the Secretary of State; ii in point 2(c)(vi), the reference to Union legislation were a reference to retained EU law; b in Annex IV— i in the text following point 5(g), the words “established at Union or Member State level” were omitted; ii in point 8 the following were substituted for the second sentence— Relevant information available and obtained through risk assessments pursuant to retained EU law, such as any law of any part of the United Kingdom which implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom, or relevant assessments undertaken under other domestic legislation may be used for this purpose provided that the requirements of any law of any part of the United Kingdom which implemented this Directive are met. . 4 In section 105A (screening of projects for constructing or improving highways)— a in subsection (1)(a) for “falls within” substitute “is of a type specified in”; b in subsection (1)(b) for “falling within” substitute “of a type specified in”; c in subsection (3)(a) for “to be provided on the project under” substitute “described in”; d in subsection (3)(b) before “in Annex III” insert “set out”. 5 In section 105AA (exemptions)— a in subsection (1) for “does not fall within” substitute “is not of a type specified in”; b in subsection (6)(d) for “another EEA state” substitute “an EEA state”. 6 In section 105AB (publication of screening decisions: projects not to be subject to an environmental impact assessment)— a in subsection (1)(b) for “falling within” substitute “of a type specified in”; b in subsection (3)(a) before “in Annex III” insert “set out”. 7 In section 105B (publication of screening decision and environmental statement for projects subject to an environmental impact assessment)— a in subsection (1)(a) for “falls within” substitute “is of a type specified in”; b in subsection (1)(b) for “falling within” substitute “of a type specified in”; c in subsection (4)(f) before “specified in Annex IV” insert “of a type”; d in subsection (6)(d)— i for “falling with” substitute “of a type specified in”; ii before “in Annex III” insert “set out”. 8 In section 105C (other EEA States)— a in the heading omit “Other”; b in subsection (1)(a) for “another EEA state” substitute “an EEA state”; c in subsection (6) omit “, in accordance with Article 7(4) of the Directive”; d in subsection (6A) for “(within the meaning of the Directive)” substitute “set up for that purpose”. Signed by authority of the Secretary of State for Transport Rachel Maclean Parliamentary Under Secretary of State Department for Transport 23rd April 2020