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Environmental impact assessment : a guide to procedures by DETR & The National Assembly for Wales

By DETR & The National Assembly for Wales

This consultant explains how EC requisites for environmental effect review were included into systems within the united kingdom. It revises the ebook Environmental evaluate: A consultant to the Procedures, released in 1989, to take account of the necessities of the Directive 97/11/EC, which used to be followed on three March 1997 and got here into strength on 14 March 1999.

Parts 1 and a pair of of the consultant clarify the approaches that follow to initiatives that fall in the scope of the Directive and require making plans permission in England and Wales. in addition they supply common suggestion and tips

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No. 1985, p. 40. Directive as last amended by the 1994 Act of Accession. 39 Environmental impact assessment 6. Whereas it is appropriate to make additions to the list of projects which have significant effects on the environment and which must on that account as a rule be made subject to systematic assessment; 7. Whereas projects of other types may not have significant effects on the environment in every case; whereas these projects should be assessed where Member States consider they are likely to have significant effects on the environment; 8.

No. J. No. 1980, p. 14. 1982, p. 89. 1981, p. 8. 1973, p. 1. 1977, p. 1. 1983, p. 1. 41 Environmental impact assessment Whereas the disparities between the laws in force in the various Member States with regard to the assessment of the environmental effects of public and private projects may create unfavourable competitive conditions and thereby directly affect the functioning of the common market; whereas, therefore, it is necessary to approximate national laws in this field pursuant to Article 100 of the Treaty; Whereas, in addition, it is necessary to achieve one of the Community’s objectives in the sphere of the protection of the environment and the quality of life; Whereas, since the Treaty has not provided the powers required for this end, recourse should be had to Article 235 of the Treaty; Whereas general principles for the assessment of environmental effects should be introduced with a view to supplementing and coordinating development consent procedures governing public and private projects likely to have a major effect on the environment; Whereas development consent for public and private projects which are likely to have significant effects on the environment should be granted only after prior assessment of the likely significant environmental effects of these projects has been carried out; whereas this assessment must be conducted on the basis of the appropriate information supplied by the developer, which may be supplemented by the authorities and by the people who may be concerned by the project in question; Whereas the principles of the assessment of environmental effects should be harmonised, in particular with reference to the projects which should be subject to assessment, the main obligations of the developers and the content of the assessment; Whereas projects belonging to certain types have significant effects on the environment and these projects must as a rule be subject to systematic assessment; Whereas projects of other types may not have significant effects on the environment in every case and whereas these projects should be 42 Appendix 1 assessed where the Member States consider that their characteristics so require; Whereas, for projects which are subject to assessment, a certain minimal amount of information must be supplied, concerning the project and its effects; Whereas the effects of a project on the environment must be assessed in order to take account of concerns to protect human health, to contribute by means of a better environment to the quality of life, to ensure maintenance of the diversity of species and to maintain the reproductive capacity of the ecosystem as a basic resource for life; Whereas, however, this Directive should not be applied to projects the details of which are adopted by a specific act of national legislation, since the objectives of this Directive, including that of supplying information, are achieved through the legislative process; Whereas, furthermore, it may be appropriate in exceptional cases to exempt a specific project from the assessment procedures laid down by this Directive, subject to appropriate information being supplied to the Commission.

These Regulations incorporate a revised Schedule 3 to the Harbour Works Act 1964, which gives the procedures for harbour revision orders and harbour empowerment orders, and replace the Harbour Works (Assessment of Environmental Effects) (No. 2) Regulations 32 Arrangements for other projects 1989 governing harbour works not needing to be authorised by harbour order. 86 Where the proposed works are subject to a harbour order, the Secretary of State for the Department for Transport (in the case of fishery harbours, the Secretary of State for Environment, Food and Rural Affairs) is responsible for deciding whether EIA is required and, if so, whether the works should proceed in the light of the assessment and the comments of environmental bodies.

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