Enable 'one and done' assessments and reverse the Finch judgment for low-carbon electricity projects
One and done assessments
MHCLG should legislate so that an environmental assessment completed under one regulatory regime is accepted as sufficient for other regimes, unless there are compelling reasons to require additional information.
The Government should also legislate to overturn the Finch judgment for low-carbon infrastructure. This would establish that if a later indirect effect of a development will be assessed under a separate EIA, or has previously been assessed, it does not need to be assessed as an indirect effect of the original development.
Government Response: One-and-done assessments via EORs; Finch judgment retained
The EOR system will address the duplicative assessment problem, enabling assessments completed under one regime to satisfy requirements under others. However, the Government will NOT overturn the Finch judgment as the Taskforce recommended, instead noting its limited applicability to nuclear projects. Finch's implications will be considered in the development of the EOR framework. While the refusal to overturn Finch is a departure from the Taskforce's recommendation, the practical impact on nuclear may be limited given the specific circumstances of the judgment.
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Key Regulators
Taskforce target: December 2027
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