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Home Resources Legal Updates May 2017

Electricity Works - Environmental Impact Assessments

25 May 2017

These regulations implement Directive 2011/92/EU, on the assessment of the effects of certain public and private projects on the environment, with regard to projects in England and Wales for the construction of generating stations or to install electric lines above ground requiring consent under the Electricity Act 1989.

What is the new legislation: Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations SI 2017/580
Who does this affect: England and Wales
When does this change take place: 16 May 2017
 
These Regulations apply to applications for:

  • section 36 consents;

  • section 36 variations; and

  • section 37 consents;

for development in England or Wales or in relevant waters.
 
Where an application is made for a section 36 or 37 consent, or a section 36 variation, for EIA development, the relevant authority must not grant the application unless an environmental impact assessment has been undertaken in respect of the development.
 
The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of each individual case, the direct and indirect significant effects of the development on:

  • population and human health;

  • biodiversity, with particular attention to habitats and species protected under Directive 1992/43/EEC, on the conservation of natural habitats and of wild fauna and flora, and Directive 2009/147/EC, on the conservation of wild birds;

  • land, soil, water, air and climate;

  • material assets, cultural heritage and the landscape;

  • the interaction between these factors.

The effects to be identified, described and assessed must include the:

  • operational effects of the development, where the development will have operational effects;

  • expected effects arising from the vulnerability of the development to the risks of major accidents and disasters that are relevant to the development.

The full text of the Regulations may be found here.
 
Source: http://www.legislation.gov.uk.