The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019

Document Number:2019 No. 25
 
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Statutory Instruments

Exiting The European Union

Agriculture, England

Environmental Protection

Forestry, England And Wales

Land Drainage, England And Wales

Licensing (marine)

Marine Management

Water Resources, England And Wales

Sift requirements satisfied

29 th November 2018

Made

8 th January 2019

Laid before Parliament

11 th January 2019

Coming into force in accordance with regulation 1(1)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(1).

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation, commencement, extent and application

  1. —(1) These Regulations may be cited as the Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

    (2) Any amendment made by these Regulations has the same extent and application as the provision to which it relates.

    Amendments to the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

  2. —(1) The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999(2) are amended as follows.

    (2) In regulation 2—

    (a) in paragraph (1)—

    (i) for the definition of “EU environmental assessment” substitute—

    ““EU environmental assessment” means an assessment of the effect of anything on the environment carried out under retained EU law other than any law of any part of the United Kingdom that implemented the EIA Directive;”;

    (ii) after the definition of “improvement works” insert—

    ““public” means one or more natural or legal persons and, in accordance with the law or practice of any part of the United Kingdom, their associations, organisations or groups;

    “public concerned” means the public affected or likely to be affected by, or having an interest in, environmental decision making procedures (for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under the law of any part of the United Kingdom are deemed to have an interest);”;

    (b) omit paragraph (2).

    (3) In regulation 12(2)(b) , after the word “under” insert “any law of any part of the United Kingdom that implemented”.

    (4) In regulation 12 B(4)(b) , after the word “under” insert “any law of any part of the United Kingdom that implemented”.

    (5) In Schedule 1—

    (a) in paragraph 6 , for “established at EU or member State level” substitute “in retained EU law or under the law of any part of the United Kingdom”;

    (b) in paragraph 9—

    (i) for “EU legislation such as” substitute “retained EU law such as any law that implemented”;

    (ii) after “requirements of” insert “any law that implemented”.

    (c) In Schedule 2 , in paragraph 2(c)(vi) , after “EU legislation” insert “as it applied in the United Kingdom immediately prior to exit day, or in retained EU law”.

    Amendments to the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

  3. —(1) The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999(3) are amended as follows.

    (2) In regulation 2(1) , for the definition of “EU environmental assessment” substitute—

    ““EU environmental assessment” means an assessment of the effect of anything on the environment carried out under retained EU law other than any law of any part of the United Kingdom that implemented the Directive;”;

    (3) In regulation 3 B—

    (a) in paragraph (7)(d) , for the words after “risk of failing,” to the end, substitute “the environmental objectives set for them under the WFD Regulations due to acidification;”;

    (b) the second paragraph numbered as paragraph (9) is renumbered as paragraph (10);

    (c) in the second paragraph numbered as paragraph (9) , after sub-paragraph (a) insert—

    “(b)“environmental objectives” means—

    (i) in relation to the Solway Tweed River Basin District, the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004(4);

    (ii) in relation to the Northumbria River Basin District, the objectives referred to in the WFD Regulations as applied and modified by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003(5);

    (iii) in relation to any other river basin district, as defined in WFD Regulations, the same as in those...

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