Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999
| Year | 1999 |
1999 No.367
FISH FARMING
The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999
Made 15th February 1999
Laid before Parliament 19th February 1999
Coming into force 14th March 1999
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in 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, in exercise of the powers conferred on him by the said section 2 and of all other powers enabling him in that behalf, and having taken into account the selection criteria specified in Annex III to Council Directive 85/337/EEC(on the assessment of the effects of certain public and private projects on the environment)3, as inserted by Council Directive 97/11/EC(amending Council Directive 85/337/EEC)4, hereby makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 and shall come into force on 14th March 1999.
(2) These Regulations apply in any case where a person makes or is minded to make any application specified in paragraph (3) on or after 14th March 1999, and where–
(a)
(a) any part of the proposed development is to be carried out in a sensitive area, or
(b)
(b) the proposed development is designed to hold a biomass of 100 tonnes or greater, or
(c)
(c) the proposed development will extend to 0.1 hectare or more of the surface area of the marine waters, including any proposed structures or excavations.
(3) The following applications are specified for the purposes of paragraph (2)–
(a)
(a) an application to the Crown Estate Commissioners for consent for fish farming in marine waters, other than in the waters described in sub-paragraphs (b) and (c);
(b)
(b) an application to Shetland Islands Council for a licence under section 11 of the Zetland County Council Act 19745as regards fish farming within the coastal area defined in that Act;
(c)
(c) an application to Orkney Islands Council for a licence under section 11 of the Orkney County Council Act 19746as regards fish farming within a harbour area defined in that Act.
Interpretation
2.—(1) In these Regulations, unless the contrary intention appears–
“the Directive” means Council Directive 85/337/EEC, as amended by Council Directive 97/11/EC;
“document” includes a map, diagram, illustration or other descriptive matter in any form and also includes where appropriate a copy of a document;
“environmental information” means–
(a) any environmental statement, including any further information provided by the applicant, required to be provided by these Regulations;
(b) any representations made by an authority, body or person required by these Regulations to be invited to make representations or be consulted; and
(c) any representations duly made by any other person about the likely environmental effects of the proposed development;
“environmental statement” means a statement–
(a) that includes such of the information referred to in Part I of Schedule 2 as is reasonably required to assess the environmental effects of the development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but
(b) which includes at least the information referred to in Part II of Schedule 2.
“fish farming” means keeping live fish, excluding shellfish, (whether or not for profit) with a view to their sale or to their transfer to other marine waters;
“inland waters” means waters within Great Britain which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows;
“local planning authority” means any authority which is a local planning authority for the purposes of the Town and Country Planning (Scotland) Act 19977in Scotland or the Town and Country Planning Act 19908in England and Wales;
“marine waters” means waters within seaward limits of the territorial sea adjacent to Great Britain, other than–
(a) inland waters; and
(b) waters within the jurisdiction of a local planning authority;
“relevant authority” means the Crown Estate Commissioners, Shetland Islands Council or Orkney Islands Council, as the case may be;
“scoping opinion” means a written statement of the opinion of the relevant authority under regulation 6 as to the information to be provided in the environmental statement;
“screening opinion” means a written statement of the opinion of the relevant authority under regulation 4 as to whether an environmental assessment is required;
“selection criteria” means the criteria set out in Schedule 1;
“sensitive area” means any of the following–
(a) a site of special scientific interest, that is to say, land notified under section 28 (areas of special scientific interest) of the Wildlife and Countryside Act 19819;
(b) land to which subsection (3) of section 29 (nature conservation orders) of the Wildlife and Countryside Act 1981 applies;
(c) a National Park within the meaning of the National Parks and Access to the Countryside Act 194910;
(d) a property appearing on the World Heritage list kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage11;
(e) a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 197912;
(f) an area of outstanding natural beauty designated as such by an order made by the Countryside Commission, as respects England, or the Countryside Council for Wales, as respects Wales, under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 194913as confirmed by the Secretary of State;
(g) an area designated as a natural heritage area by a direction made by the Secretary of State under section 6(2) of the Natural Heritage (Scotland) Act 199114or as a national scenic area by a direction made by the Secretary of State under section 262C of the Town and Country Planning (Scotland) Act 197215;
(h) national nature reserves designated by Scottish Natural Heritage under the Wildlife and Countryside Act 198116;
(i) a European site within the meaning of regulation 10 of the Conservation (Natural Habitats & c.) Regulations 199417;
(j) Ramsar sites listed under the Convention on Wetlands of International Importance, especially as Waterfowl Habitat18; and
references to Schedules are references to Schedules to these Regulations.
(2) Expressions used both in these Regulations and in the Directive have the same meaning for the purposes of these Regulations as they have for the purposes of the Directive.
Prohibition on the granting of consent or licence without consideration of environmental information
3.—(1) The relevant authority shall not grant consent or, as the case may be, a licence as regards fish farming in marine waters where the proposed development will be likely to have significant effects on the environment by virtue inter alia of its nature, size or location unless they have taken into consideration the environmental information in respect of the proposed development and state in their decision that they have done so.
(2) In a case to which regulation 15 (development in Great Britain likely to have significant effects in another Member State) applies, paragraph (1) of this regulation is subject to the procedures for which that regulation applies.
Screening opinion of the relevant authority
4.—(1) A person who is minded to apply for consent or, as the case may be, a licence as regards fish farming in marine waters may ask the relevant authority to state in writing their opinion as to whether an environmental assessment is required; and such an opinion is referred to in these Regulations as a “screening opinion”.
(2) A request under paragraph (1) shall be accompanied by–
(a)
(a) a plan showing the location and extent of the site of the proposed fish farm;
(b)
(b) a brief outline of the proposed annual scale of production in tonnes (dead weight), the biomass capacity of the development, the equipment to be installed on site and of the possible effects of the development on the environment;
(c)
(c) a statement of the proposed servicing methods and of any intended associated development; and
(d)
(d) such other information or representations as the person making the request may wish to provide or make.
(3) The relevant authority receiving a request under paragraph (1) shall, if they consider that they have not been provided with sufficient information to give an opinion on the questions raised, notify the person making the request of particular points on which they require further information.
(4) In coming to a view as to whether consideration of environmental information is required the relevant authority shall consult such authorities, bodies or persons mentioned in Schedule 3 as they consider appropriate.
(5) The relevant authority shall respond to such a request within 6 weeks commencing with the date of receipt of the request or such longer period as may be agreed in writing with the person making the request.
(6) In giving a screening opinion, the relevant authority shall take into account such of the selection criteria set out in Schedule 1 as are relevant to the proposed development.
(7) If, in response to such a request, the relevant authority express a screening opinion to the effect that consideration of environmental information would be required before consent or a licence could be granted for the proposed development, they shall provide with the screening opinion a written statement giving clearly and...
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