- Made under
- Planning Act 2008, Part 3
- Enforced by
- Environment Agency, Planning Inspectorate, DEFRA
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Prosecution 2 of 28 obligations carry an unlimited fine. 26 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 16 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Applicant — also bound by 307 other Acts
Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts
What it requires
Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Other duties (1) — Crown / regulator
- Secretary of State must ensure an EIA is completed before granting consentCrown / Minister / Government department
- Assess environmental effects of major infrastructure projectsApplicant
- Establish if an Environmental Impact Assessment is required for your projectAny Person
Other duties (1) — Crown / regulator
- Secretary of State must consider specific criteria for EIA screeningCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must provide a scoping opinion upon requestCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must coordinate information for Environmental StatementsCrown / Minister / Government department
- Include EIA details and consultation plans in your consultation statementApplicant
- Notify consultation bodies about your EIA development applicationApplicant
- Prepare and submit an Environmental Statement for EIA developmentsApplicant
Other duties (1) — Crown / regulator
- Secretary of State must ensure environmental statements for infrastructure projectsCrown / Minister / Government department
- Notify and consult bodies after an EIA application is acceptedApplicant
- Submit certificate confirming public consultation for EIA projectsApplicant
Other duties (1) — Crown / regulator
- Examining Authority must suspend applications for non-complianceStatutory regulator
- Provide additional info and publicise if your EIA status is re-screenedApplicant
Unlimited fine
- Provide further information and publicize inadequate environmental statementsApplicant
Unlimited fine
Other duties (1) — Crown / regulator
- Secretary of State must evaluate environmental impacts before granting consentCrown / Minister / Government department
- Submit updated environmental statement and notify the publicApplicant
Other duties (1) — Crown / regulator
- Planning Inspectorate must review existing environmental info for applicationsStatutory regulator
- Provide and publicise further information for updated environmental statementsApplicant
Other duties (1) — Crown / regulator
- Secretary of State or Planning Inspectorate must review environmental impactsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must co-ordinate EIA and Habitats Regulation AssessmentsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must ensure Environmental Statements are available onlineCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must maintain a public register of EIA documentsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must issue a detailed decision notice for EIA developmentCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must notify the public and consultees of EIA decisionsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must notify EEA states of environmental impactsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State and authorities must ensure objective decisionsCrown / Minister / Government department
11 other provisions — procedural and definitional
Schedules
1 of 57 shown- Include specific environmental information in your Environmental StatementOperator
56 other schedules
Help complying
Guvnor’s practical routes through this instrument.
2 more guides that reference this instrument
Connected legislation
The wider family of instruments made under the same parent Act.
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.