S.I. 2008/1556: memorandum from the Department
for Communities and Local Government
Town and Country Planning (Environmental Impact
Assessment) (Mineral Permissions and Amendment) (England) Regulations
2008 (S.I. 2008/1556)
1. The Committee has requested a memorandum on the
"Given that S.I. 2008/301 (referred to in
footnote (a)) designates the Secretary of State in relation to
the environment and revokes the designation in relation to measures
relating to the requirement for an assessment of the impact on
the environment of projects likely to have significant effects
on the environment (contained in S.I. 1988/785), explain why the
preamble uses the wording of the earlier designation.".
2. Work on the Regulations started in 2006 and the
preamble was drafted on the basis of the now superseded designation.
The new designation was picked up in the footnote but not, unfortunately,
in the preamble. The Department apologises for the oversight.
3. Since the description used in the preamble falls
within the broad description in S.I. 2008/301, the validity
of the instrument is, in the Department's view, unaffected.
14th July 2008
Department for Communities and Local Government