Download Environmental impact assessment : a guide to procedures by DETR & The National Assembly for Wales PDF

By DETR & The National Assembly for Wales

This consultant explains how EC requisites for environmental effect overview were included into tactics within the united kingdom. It revises the e-book Environmental evaluate: A advisor to the Procedures, released in 1989, to take account of the necessities of the Directive 97/11/EC, which was once followed on three March 1997 and got here into strength on 14 March 1999.

Parts 1 and a couple of of the consultant clarify the methods that observe to initiatives that fall in the scope of the Directive and require making plans permission in England and Wales. additionally they provide common suggestion and information

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J. No. 1985, p. 40. Directive as last amended by the 1994 Act of Accession. 39 Environmental impact assessment 6. Whereas it is appropriate to make additions to the list of projects which have significant effects on the environment and which must on that account as a rule be made subject to systematic assessment; 7. Whereas projects of other types may not have significant effects on the environment in every case; whereas these projects should be assessed where Member States consider they are likely to have significant effects on the environment; 8.

J. No. J. No. J. No. J. No. J. No. J. No. 1980, p. 14. 1982, p. 89. 1981, p. 8. 1973, p. 1. 1977, p. 1. 1983, p. 1. 41 Environmental impact assessment Whereas the disparities between the laws in force in the various Member States with regard to the assessment of the environmental effects of public and private projects may create unfavourable competitive conditions and thereby directly affect the functioning of the common market; whereas, therefore, it is necessary to approximate national laws in this field pursuant to Article 100 of the Treaty; Whereas, in addition, it is necessary to achieve one of the Community’s objectives in the sphere of the protection of the environment and the quality of life; Whereas, since the Treaty has not provided the powers required for this end, recourse should be had to Article 235 of the Treaty; Whereas general principles for the assessment of environmental effects should be introduced with a view to supplementing and coordinating development consent procedures governing public and private projects likely to have a major effect on the environment; Whereas development consent for public and private projects which are likely to have significant effects on the environment should be granted only after prior assessment of the likely significant environmental effects of these projects has been carried out; whereas this assessment must be conducted on the basis of the appropriate information supplied by the developer, which may be supplemented by the authorities and by the people who may be concerned by the project in question; Whereas the principles of the assessment of environmental effects should be harmonised, in particular with reference to the projects which should be subject to assessment, the main obligations of the developers and the content of the assessment; Whereas projects belonging to certain types have significant effects on the environment and these projects must as a rule be subject to systematic assessment; Whereas projects of other types may not have significant effects on the environment in every case and whereas these projects should be 42 Appendix 1 assessed where the Member States consider that their characteristics so require; Whereas, for projects which are subject to assessment, a certain minimal amount of information must be supplied, concerning the project and its effects; Whereas the effects of a project on the environment must be assessed in order to take account of concerns to protect human health, to contribute by means of a better environment to the quality of life, to ensure maintenance of the diversity of species and to maintain the reproductive capacity of the ecosystem as a basic resource for life; Whereas, however, this Directive should not be applied to projects the details of which are adopted by a specific act of national legislation, since the objectives of this Directive, including that of supplying information, are achieved through the legislative process; Whereas, furthermore, it may be appropriate in exceptional cases to exempt a specific project from the assessment procedures laid down by this Directive, subject to appropriate information being supplied to the Commission.

In England, most applications for orders are determined by the Secretary of State for Transport. Applications for orders relating wholly to Wales fall to be determined by the National Assembly for Wales. 95 The procedures include provision for opposed orders to be considered by way of a public inquiry, hearing or exchanges of written representations. Schemes that are identified by the Secretary of State or the Assembly as being of national significance are also subject to Parliamentary approval prior to a public inquiry being held.

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