Title and commencement

1. These Regulations may be cited as the Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) (Amendment) Regulations 2005 and shall come into force on 25th June 2005.

Amendment of Regulations

2.The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 2001( 3 ) are amended as follows.

Interpretation

3. At the end of the definition of “the EIA Directive” in regulation 2(1) add “as last amended by Directive 4 ).

Application of Regulations

4. In regulation 3—

(a) after “from” in paragraph (3) insert “regulations 4 to 25”; and

(b) after paragraph (4) add—

“ (5) Where the Secretary of State proposes to give a direction under paragraph (3) she shall—

(a) consider whether any assessment of the project would be appropriate, other than an assessment of the kind which, if regulations 4 to 25 of these Regulations applied to the project, would be required prior to a screening decision under regulation 5(4) or a decision to grant or refuse consent under regulation 13(1); and

(b) take such steps as she considers appropriate to bring to the attention of the public—

(i) the information considered in making the direction and the reasons for doing so, and

(ii) the information obtained from any assessment of the project under sub-paragraph (a). ” .

Provision of information

5. In regulation 8, for paragraph (3) substitute—

“ (3) Paragraph (1) shall not require a consultation body to make available to the applicant any information which—

(a) it may refuse to disclose under regulation 12(1) of the Environmental Information Regulations 2004 ( 5 ) ; or

(b) it is prevented from disclosing by regulation 13(1) of those Regulations.

(4) Where a consultation body is not a public authority within the meaning of regulation 2(2) of the Environmental Information Regulations 2004, paragraph (3) shall apply as if it were such a public authority. ” .

The consent application

6. In regulation 9(3)(b)—

(a) after “publish in a newspaper circulating in the locality of the relevant land” insert “and on an appropriate website”;

(b) in sub-paragraph (ii), after “publication of the notice” omit “and”;

(c) after sub-paragraph (iii), add—

“ (iv) stating that, if consent is granted, it shall be subject to the conditions specified in regulation 13(11) and to any such additional conditions as the Secretary of State may think fit; and

(v) stating, where relevant, which of the other EEA States, the authorities referred to in Article 6(1) of the EIA Directive and the public concerned in any such EEA State, will be consulted on the application. ” .

Additional information

7. In regulation 10—

(a) in paragraph (1), for “the environmental statement” substitute “a statement included with an application for consent made under regulation 9(1) which purports to be an environmental statement”;

(b) in paragraph (3), after “publish in a newspaper circulating in the locality of the relevant land” insert “and on an appropriate website”.

Other EEA States

8. In regulation 11—

(a) in paragraph (2), for “additional environmental information”, substitute “further information she considers relevant to the application”;

(b) after paragraph (6), add—

“ (7) Where another EEA State has taken a decision to grant or refuse development consent and has informed the Secretary of State of that decision in accordance with Article 9(2) of the EIA Directive, the Secretary of State shall take such steps as she considers appropriate to bring to the attention of the public any information received from that EEA State in relation to that decision. ” .

The consent decision

9. In regulation 13—

(a) in paragraph (12)(a), for “of her decision together with the full reasons and considerations on which the decision is based”, substitute—

“ of—

(i) her decision;

(ii) the full reasons and considerations on which the decision is based; and

(iii) any representations made by the public concerned in relation to the application. ”

(b) in paragraph (12)(c), at the end of sub-paragraph (ii), omit “and”;

(c) in paragraph (12)(c), at the end of sub-paragraph (iii), add—

“ (iv) a summary of any representations made by the public concerned in relation to the application; and

(v) information regarding the right to challenge the decision and the procedures for doing so. ” .