UK agency and legislative context - Introduction to Environmental Impact Assessment - page 62

came into force in April 1992) and the Water Resources Act of 1991 have concentrated
the minds of developers and clients on water pollution and contaminated land in
particular, there is no denying the significance of the EIA boom for consultants. Further
characteristics of recent consultancy activity are discussed in Chapter 8.
3.2.6 Agency interaction
The various agencies outlined here represent a complex array of interests and aims, any
combination of which may come into play for a particular development. This array has
several dimensions, and within each there may be a range of often conflicting views. For
example, there may be conflict between local and national views, between the interests of
profit maximization and those of environmental conservation, between short-term and
long-term perspectives and between corporate bodies and individuals. The agencies are
also linked in various ways. Some links are statutory, others advisory. Some are
contractual, others regulatory. The EIA regulations and guidance provide a set of
procedures linking the various actors discussed, and these are now outlined.
3.3 EIA regulations: an overview
In the UK, EC Directive 85/337 was implemented through over 40 different secondary
regulations under section 2(2) of the European Communities Act 1972. The large number
of regulations was symptomatic of how EIA has been implemented in the UK. Different
regulations apply to projects covered by the planning system, projects covered by other
authorization systems and projects not covered by any authorization system but still
requiring EIA. Different regulations apply to England and Wales, to Scotland and to
Northern Ireland. The introduction of a new set of revised regulations from 1999
onwards, to implement the amended EC Directive, provided an opportunity for some
tidying up of the list, but as Table 3.1 shows, there are still
Table 3.1 Key UK EIA regulations and dates of
implementation
UK regulations for projects subject to the Town and Country Planning system
England and Wales
Town and Country Planning (Environmental Impact Assessment) Regulations 1999 (SI 293)
Town and Country Planning (General Permitted Development) Order 1995 (SI 418)
Scotland
Environmental Impact Assessment (Scotland) Regulations—Town and Country Planning,
Roads and Bridges and Land Drainage 1999 (SSI 1)
Northern Ireland
Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 (SR 73)