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(a) in the definition of "countryside bodies", at the end of sub-paragraph (c) add "and any other body designated by statutory provision as having specific environmental responsibilities"; and

(b) at the end of the definition of "the Directive" add "and Directive 2003/35/EC of the European Parliament and of the Council[4]".

    (3) In regulation 4 (restriction on relevant projects) after paragraph (4) add—

    " (5) Where a direction is made under paragraph (2), the Commissioners shall—


(a) consider whether another form of assessment would be appropriate; and

(b) where they do, take such steps as they consider appropriate to bring the information obtained under it to the attention of the public concerned.".

    (4) In regulation 12 (assistance in preparation of environmental statements) for paragraph (2) substitute—

    " (2) Paragraph (1) shall not require the Commissioners, countryside bodies or local authorities to disclose information which they—


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

(b) are prevented from disclosing by regulation 13(1) of those Regulations.".

    (5) In regulation 13 (publicity)—

(a) in paragraph (1) for "under regulation 11 shall publish" substitute "in relation to that application, whether under regulation 11 or otherwise, shall publish";

(b) in paragraph (1)(a) for "the information provided under regulation 11" substitute "the further information";

(c) in paragraph (2), for sub-paragraphs (c) and (d) substitute—


" (c) specify an address at which copies of the application or the further information may be obtained from the applicant and if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge;

(d) state that any person wishing to make representations regarding the application or the further information should make them in writing to the Commissioners, at an address nominated by them and specified in the notice, within 28 days beginning with the date of publication of the notice; and

(e) state, in relation to an application, that the Commissioners may decide either—


(i) to grant consent either subject only to the conditions required by regulation 18 or also subject to such further conditions as they see fit; or

(ii) to refuse consent."; and



(d) in paragraph (3) omit "under regulation 11".

    (6) In regulation 14 (information for another EEA State)—

(a) in paragraph (5)(a) after "of this regulation" insert "and any further information provided by the applicant in relation to the application for consent"; and

(b) at the end of paragraph (5)(b) add "under sub-paragraph (a)".

    (7) In regulation 24 (registers of opinions, directions, determinations etc. for public inspection), in paragraph 1(c) after "regulation 7(7)" insert "or (8)(a)".


Barry Gardiner
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

22nd November 2006

[2] 1972 c.68. The enabling powers conferred by section 2(2) were extended by virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c.51).back

[3] SI 1999/2228, as amended by section 73(2) of the Countryside and Rights of Way Act 2000 (c.37).back

[4] OJ No. L156, 25.6.2003, p.21.back

[5] SI 2004/3391.back

 © Crown copyright 2006