UK Statutory Instrument SI 2017 United Kingdom

Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

These Regulations consolidate with amendments the provisions of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (“the 2009 Regulations”) and subsequent amending instruments.

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.

Applicant10 Any Person1 Operator1

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.

s.004 Prohibition on granting consent without consideration of environmental information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must ensure an EIA is completed before granting consentCrown / Minister / Government department
s.005 Environmental impact assessment process (opens in a new tab) Regulated
  • Assess environmental effects of major infrastructure projectsApplicant
s.008 Procedure for establishing whether environmental impact assessment is required (opens in a new tab) Regulated
  • Establish if an Environmental Impact Assessment is required for your projectAny Person
s.009 Considerations for screening decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must consider specific criteria for EIA screeningCrown / Minister / Government department
s.010 Application for a scoping opinion (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must provide a scoping opinion upon requestCrown / Minister / Government department
s.011 Procedure to facilitate preparation of environmental statements (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must coordinate information for Environmental StatementsCrown / Minister / Government department
s.012 Consultation statement requirements (opens in a new tab) Regulated
  • Include EIA details and consultation plans in your consultation statementApplicant
s.013 Pre-application publicity under section 48 (duty to publicise) (opens in a new tab) Regulated
  • Notify consultation bodies about your EIA development applicationApplicant
s.014 Environmental statements (opens in a new tab) Regulated
  • Prepare and submit an Environmental Statement for EIA developmentsApplicant
s.015 Obligations of Secretary of State on receipt of application (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must ensure environmental statements for infrastructure projectsCrown / Minister / Government department
s.016 Accepted application—publicity and consultation for EIA development (opens in a new tab) Regulated
  • Notify and consult bodies after an EIA application is acceptedApplicant
s.017 Certifying compliance with regulation 16 (opens in a new tab) Regulated
  • Submit certificate confirming public consultation for EIA projectsApplicant
s.018 Effect of failure to comply with regulation 16 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Examining Authority must suspend applications for non-complianceStatutory regulator
s.019 Accepted application—effect of screening opinion not taking account of all relevant information (opens in a new tab) Prosecution
  • Provide additional info and publicise if your EIA status is re-screenedApplicant

Unlimited fine

s.020 Accepted application—effect of environmental statement being inadequate (opens in a new tab) Prosecution
  • Provide further information and publicize inadequate environmental statementsApplicant

Unlimited fine

s.021 Consideration of whether development consent should be granted (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must evaluate environmental impacts before granting consentCrown / Minister / Government department
s.022 Subsequent application for EIA development (opens in a new tab) Regulated
  • Submit updated environmental statement and notify the publicApplicant
s.023 Subsequent application where environmental information previously provided (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Planning Inspectorate must review existing environmental info for applicationsStatutory regulator
s.024 Subsequent application not complying with EIA requirements (opens in a new tab) Regulated
  • Provide and publicise further information for updated environmental statementsApplicant
s.025 Decision-making on subsequent applications (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State or Planning Inspectorate must review environmental impactsCrown / Minister / Government department
s.026 Co-ordination (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must co-ordinate EIA and Habitats Regulation AssessmentsCrown / Minister / Government department
s.027 Availability of copies of environmental statements (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must ensure Environmental Statements are available onlineCrown / Minister / Government department
s.029 Availability of directions etc and notification of decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain a public register of EIA documentsCrown / Minister / Government department
s.030 Decision notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must issue a detailed decision notice for EIA developmentCrown / Minister / Government department
s.031 Duties to inform consultees, public and the Secretary of State of final decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must notify the public and consultees of EIA decisionsCrown / Minister / Government department
s.032 Development with significant transboundary effects (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must notify EEA states of environmental impactsCrown / Minister / Government department
s.035 Objectivity and bias (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State and authorities must ensure objective decisionsCrown / Minister / Government department
11 other provisions — procedural and definitional
s.coronavirus: temporary modifications Coronavirus: temporary modifications
Schedules

Schedules

1 of 57 shown
s.sch004 INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS (opens in a new tab) Regulated
  • Include specific environmental information in your Environmental StatementOperator
56 other schedules
s.sch001 Crude‑oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and...
s.sch001 Waste disposal installations for the incineration or chemical treatment (as...
s.sch001 Groundwater abstraction or artificial groundwater recharge schemes where the annual...
s.sch001 (1) Works for the transfer of water resources, other than...
s.sch001 Waste water treatment plants with a capacity exceeding 150,000 population...
s.sch001 Extraction of petroleum and natural gas for commercial purposes where...
s.sch001 Dams and other installations designed for the holding back or...
s.sch001 Pipelines with a diameter of more than 800 millimetres and...
s.sch001 Installations for the intensive rearing of poultry or pigs with...
s.sch001 Industrial plants for— (a) the production of pulp from timber...
s.sch001 Quarries and open‑cast mining where the surface of the site...
s.sch001 (1) Thermal power stations and other combustion installations with a...
s.sch001 Construction of overhead electrical power lines with a voltage of...
s.sch001 Installations for storage of petroleum, petrochemical or chemical products with...
s.sch001 Storage sites pursuant to Chapter 3 of Part 1 of...
s.sch001 Installations for the capture of carbon dioxide streams for the...
s.sch001 Any change to or extension of development listed in this...
s.sch001 (1) Installations for the reprocessing of irradiated nuclear fuel.
s.sch001 (1) Integrated works for the initial smelting of cast‑iron and...
s.sch001 Installations for the extraction of asbestos and for the processing...
s.sch001 Integrated chemical installations, that is to say, installations for the...
s.sch001 (1) Construction of lines for long‑distance railway traffic and of...
s.sch001 (1) Inland waterways and ports for inland‑waterway traffic which permit...
s.sch001 Waste disposal installations for the incineration, chemical treatment (as defined...
s.sch001 Interpretation
s.sch001 Descriptions of development
s.sch002 Agriculture, silviculture and aquaculture (a) projects for the restructuring of...
s.sch002 Infrastructure projects (a) industrial estate development projects;
s.sch002 Other projects (a) permanent racing and test tracks for motorised...
s.sch002 Tourism and leisure (a) ski-runs, ski-lifts and cable-cars and associated...
s.sch002 (1) Any change to or extension of development of a...
s.sch002 Extractive industry (a) quarries, open-cast mining and peat extraction (where...
s.sch002 Energy industry (a) industrial installations for the production of electricity,...
s.sch002 Production and processing of metals (a) installations for the production...
s.sch002 Mineral industry (a) coke ovens (dry coal distillation);
s.sch002 Chemical industry (Projects not included in Schedule 1 to these...
s.sch002 Food industry (a) manufacture of vegetable and animal oils and...
s.sch002 Textile, leather, wood and paper industries (a) industrial plants for...
s.sch002 Rubber industry - Manufacture and treatment of elastomer-based products.
s.sch003 Characteristics of development
s.sch003 Location of development
s.sch003 Types and characteristics of the potential impact
s.sch004 A description of the development, including in particular—
s.sch004 A reference list detailing the sources used for the descriptions...
s.sch004 A description of the reasonable alternatives (for example in terms...
s.sch004 A description of the relevant aspects of the current state...
s.sch004 A description of the factors specified in regulation 5(2) likely...
s.sch004 A description of the likely significant effects of the development...
s.sch004 A description of the forecasting methods or evidence, used to...
s.sch004 A description of the measures envisaged to avoid, prevent, reduce...
s.sch004 A description of the expected significant adverse effects of the...
s.sch004 A non-technical summary of the information provided under paragraphs 1...

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