Environmental Assessment of Plans and Programmes Regulations 2004 (S.I. 1633 of 2004).

These Regulations implement Directive 2001/42/EC of the European Parliament and Council on the assessment of the effects of certain plans and programmes on the environment, as regards plans and programmes relating solely to any part of England and also implement the Directive as regards plans and programmes relating to England and any other part of the United Kingdom. The Regulations apply to defined plans and programmes. The requirement for environmental assessment applies, in particular, to any plan or programme prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use, which sets the framework for future development consent of projects listed in Annex I or II to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC; and to any plan or programme which, in view of the likely effect on sites, has been determined to require an assessment pursuant to Article 6 or 7 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna. The requirement for environmental assessment also applies to other plans and programmes. Regulation 4 deals with the designation of the consultation bodies. Regulation 7 makes provision for environmental assessment of plans and programmes co-financed by the European Community. Regulation 8 prevents the adoption, or submission for adoption, of a plan or programme for which an environmental assessment is required under these Regulations, before the completion of that assessment. Regulation 9 deals with the making of determinations by the responsible authority as to whether a plan or programme is likely to have significant environmental effects. Regulation 10 enables the Secretary of State to require a responsible authority to provide him with relevant documents. Regulation 11 requires the publication of determinations under regulation 9 and directions under regulation 10. Other provisions deal with consultations, procedures and monitoring.