C6.8.2 UK Policies and Controls

You do not need detailed knowledge of legislation for the exam.

Please note that due to the IEMA ending the course, this section is no longer being up-dated.

 

New legislation on Environmental Impact Assessment

On 24 August 2011, a new consolidated, updated and replacement statutory provisions on environmental impact assessment (EIA), The Town and Country Planning (Environmental Impact Assessment) Regulations 2011, came into force in England. These Regulations consolidated and replaced the provisions of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and subsequent amending legislation.

 

They introduce the following significant features:

  • a duty to give reasons for negative screening decisions;
  • clarification regarding the handling of subsequent applications in relation to EIA development;
  • changes to the screening of modifications or extensions to projects;
  • confirmation that screening directions for Sch.2 development may be requested from the Secretary of State by any person, and that such direction may include development below the Sch.2 thresholds.

 

They also introduce provisions, such as the inclusion of sites for the geological storage of carbon dioxide and installations for the capture of carbon dioxide streams for the purposes of geological storage.

 

This implements the requirements of the EIA Directive. It outlines the requirements for an EIA and the process to be followed.

 

From 6 April 2015 The Town and Country Planning (Environmental Impact Assessment) (Amendment) Regulations 2015 came into force.  The Regulations raise the screening thresholds for urban development and industrial estate development projects.

 

There are also a number of other pieces of legislation that are relevant to EIA (please note that this is not a fully comprehensive list, nor is it maintained):

  • The Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 [SI No 787]
  • The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012 [SR No. 59]
  • The Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2011 [SI No 2741]
  • The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 [SI No 1824]
  • The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2011 [SI No 735]
  • The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 [SSI No 139]
  • The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 [SI No 3342 W293]
  • The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 [SI No 2263]
  • The Marine Works (Environmental Impact Assessment)(Amendment)(England and Wales) Regulations 2009 [SI No 2258]
  • The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Amendment Regulations 2009 [SSI No 333]
  • The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 [SI No 269]
  • The Environmental Impact Assessment (Scotland) Amendment Regulations 2009 [SSI No 221]
  • Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006
  • Environmental Impact Assessment (Scotland) Regulations 1999 [SSI 1]
  • Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 [SR No 73]
  • Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 [SI No 2228]
  • Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999 [SSI No 43]
  • Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000 [SR No 84]
  • Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 [SI No 1783]
  • Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 [SI No 367]
  • Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations (Northern Ireland) 1999 [SR No 415]
  • Highways (Assessment of Environmental Effects) Regulations 1999 [SI No 369]
  • Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 [SR No 89]
  • Harbour Works (Environmental Impact Assessment) Regulations 1999 [SI No 3445]
  • Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 [SI No 2892]
  • Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 [SI No 360]
  • Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 [SI No 1672]
  • Electricity Works (Assessment of Environmental Effects) Regulations 2000 [SI No 1927]
  • Pipe-line Works (Environmental Impact Assessment) Regulations 2000 [SI No 1928]
  • Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 (SI No 2190) Wales) Rules 2000 [SI No 2190]
  • Town and Country Planning (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2000 [SI No 2867]
  • Harbour Works (Environmental Impact Assessment) (Amendment) Regulations 2000 [SI No 2391]
  • Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000 [SSI No 320]
  • Transport and Works (Assessment of Environmental Effects) Regulations 2000 (England and Wales) [SI No 3199]
  • Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001 [SR No 394]
  • The Electricity Act 1989 (Requirement of Consent for Offshore Wind and Water Driven Generating Stations) (England and Wales) Order 2001 [SI No 3642]
  • The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 2001 [SI No 3966]
  • Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) Regulations (Northern Ireland) 2001 [SR No 435]
  • The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 [SSI No 6]
  • Environmental Impact Assessment (Scotland) Amendment Regulations 2002 [SSI No 324]
  • The Electricity Act 1989 (Requirement of Consent for Offshore Wind Generating Stations) [Scotland) Order 2002 [SSI No 407]
  • Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) Regulations (Wales) 2002 (WSI No 2127]
  • Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003 [SR No 136]
  • The Water Resources (Environmental Impact Assessment) Regulations 2003 [SI No 164]

 

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