The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/588 |
2017 No. 588
Environmental Protection
Licensing (marine)
Marine Management
The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017
Made 24th April 2017
Laid before Parliament 25th April 2017
Coming into force 16th May 2017
The Secretary of State has been designated for the purpose of making Regulations under section 2(2) of the European Communities Act 19721in relation to the environment2.
The Secretary of State makes these Regulations, with the consent of the Treasury, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by section 56(1) of the Finance Act 19733.
Citation, commencement, extent and interpretation
1.—(1) These Regulations may be cited as the Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 and come into force on 16th May 2017.
(2) These Regulations do not extend to the Scottish inshore region, except in respect of activities and operations for which a licence is required under Part 2 of the Food and Environment Protection Act 19854.
(3) In paragraph (2), “the Scottish inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 20095.
(4) In these Regulations, “the 2007 Regulations” means the Marine Works (Environmental Impact Assessment) Regulations 20076.
Amendment of the Marine Works (Environmental Impact Assessment) Regulations 2007
2. The 2007 Regulations are amended in accordance with regulations 3 to 32.
New regulation 1A
3. After regulation 1, insert—
“Extent
1A. These Regulations do not extend to the Scottish inshore region, except in respect of activities and operations for which a licence is required under Part 2 of the 1985 Act.”.
Amendment of regulation 2
4.—(1) Regulation 2 (interpretation) is amended as follows.
(2) In paragraph (1)—
(a)
(a) omit the definitions of “Annex I project” and “Annex II project”;
(b)
(b) in the definition of “appropriate authority”7—
(i) in paragraph (b)(i), for “the Environment” substitute “Agriculture, Environment and Rural Affairs in Northern Ireland”;
(ii) for paragraph (b)(ii) substitute—
“(ii)
“(ii) as regards any regulated activity in the Scottish offshore region, the Scottish Ministers;”;
(c)
(c) for the definition of “consenting authority”8, substitute—
““consenting authority”, in relation to a project, means any authority whose consent to any activity to be undertaken in the course of the project is required under any enactment;”;
(d)
(d) in the definition of “the consultation bodies”, in paragraph (e), after “responsibilities” insert “or local or regional competences”;
(e)
(e) in the definition of “EIA consent”, for “the effects of the regulated activity” substitute “the significant effects of the project”;
(f)
(f) in the definition of “the EIA Directive”9, for “adopted” substitute “amended by Directive 2014/52/EUof the European Parliament and of the Council10”;
(g)
(g) after the definition of “England”, insert the following definitions—
““environmental impact assessment” means a process consisting of—
(a) the preparation of an environmental statement in accordance with regulation 12 and Schedule 3;
(b) the carrying out of consultations in accordance with regulation 17 and, where relevant, regulations 20 and 20A;
(c) the consideration of the environmental statement and other information in accordance with regulation 21A(1);
(d) the conclusion in respect of the likely significant effects of the project in accordance with regulation 21A(2); and
(e) the consideration of that conclusion in reaching the EIA consent decision, in accordance with regulation 22(1)(b);”;
““EU environmental assessment” means an assessment carried out—
(a) under an obligation to which section 2(1) of the European Communities Act 1972 applies (other than the EIA Directive), or
(b) under the law of any part of the United Kingdom implementing an EU obligation other than an obligation arising under the EIA Directive,
of the effect of anything on the environment;;”;
(h)
(h) after the definition of “fishery harbour”, insert—
““the Habitats Directive” means Council Directive 92/43/EECon the conservation of natural habitats and of wild fauna and flora11;”;
(i)
(i) in the definition of “local planning authority”, in paragraph (b), for “the Department of the Environment” substitute “the Department for Infrastructure or, as the case may be, any district council in whose district, or adjacent to whose district, the regulated activity is proposed to be carried out”;
(j)
(j) in the definition of “regulatory approval”12, omit paragraph (c);
(k)
(k) in the definition of “relevant authority”13—
(i) in paragraph (a)—
(aa) for “Department” substitute “department”;
(bb) for “Departments” substitute “departments”;
(ii) in paragraph (b), for “Scotland” substitute “the Scottish inshore region”;
(l)
(l) after the definition of “the relevant Public Register”, insert the following definitions—
““Schedule A1 project” means a project of a type specified in Schedule A1 to these Regulations;
“Schedule A2 project” means a project of a type specified in Schedule A2 to these Regulations;”;
(m)
(m) after the definition of “sea”, insert—
““UK environmental assessment” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment;”;
(n)
(n) after the definition of “Wales”, insert—
““the Wild Birds Directive” means Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds14.”.
(3) After paragraph (1A), insert—
“1B In these Regulations, “enactment” includes an enactment contained in, or in an instrument made under, Northern Ireland legislation.
1C In these Regulations, any reference to the likely significant effects, or the likely significant adverse effects, of projects or regulated activities on the environment includes a reference to the effects of those projects or activities on the environment once they are completed and in operation.
1D In paragraph (1C), the reference to the environment includes a reference to the matters referred to in regulation 21A(2)(a) to (e).”.
Amendment of regulation 3
5.—(1) Regulation 315(fees) is amended as follows.
(2) In paragraph (3), after sub-paragraph (a), insert—
“(aa)
“(aa) regulation 10(4J);”.
(3) In paragraph (4), for sub-paragraph (c) substitute—
“(c)
“(c) where the appropriate authority is the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, by that Department with the consent of the Department of Finance in Northern Ireland;”.
Amendment of regulation 7
6. Regulation 7 (determination: Annex I projects) is amended as follows—
(a) in the heading, for “Annex I” substitute “Schedule A1”;
(b) for “9 and 10” substitute “9 to 10”;
(c) for “an Annex I” substitute “a Schedule A1”.
Amendment of regulation 8
7. Regulation 8 (determination: Annex II projects) is amended as follows—
(a) in the heading, for “Annex II” substitute “Schedule A2”;
(b) in paragraph (1), for “9 and 10” substitute “9 to 10”;
(c) in paragraphs (1) and (2), for “an Annex II” substitute “a Schedule A2”.
Amendment of regulation 9
8.—(1) Regulation 9 (projects serving national defence purposes) is amended as follows.
(2) For paragraph (1) substitute—
“1 The Secretary of State may direct that an environmental impact assessment is not required in relation to a regulated activity or a part of a regulated activity where—
(a) the project in relation to which the regulated activity is being carried out has national defence as its sole purpose; and
(b) the Secretary of State considers that an environmental impact assessment in relation to the regulated activity or the part of the regulated activity would have an adverse effect on the fulfilment of that purpose.”.
(3) After paragraph (1), insert—
“1A A direction under paragraph (1) that an environmental impact assessment is not required in relation to a regulated activity, or a part of a regulated activity, has the effect that the regulated activity, or the part of the regulated activity, is to be disregarded in any environmental impact assessment in relation to the regulated activity.”.
(4) In paragraphs (2) and (3), for “shall” substitute “must”.
New regulation 9A
9. After regulation 9, insert—
“Projects in response to a civil emergency
9A.—(1) The appropriate authority may direct that an environmental impact assessment is not required in relation to a regulated activity where—
(a)
(a) the project in relation to which the regulated activity is being carried out has the response to a civil emergency as its sole purpose; and
(b)
(b) the appropriate authority considers that an environmental impact assessment in relation to the regulated activity would have an adverse effect on the fulfilment of that purpose.
(2) Before making any such direction, the appropriate authority must notify—
(a)
(a) where the appropriate authority is not also the regulator, the regulator;
(b)
(b) where the appropriate authority is the Marine Management Organisation or the Natural Resources Body for Wales, the Secretary of State, or the appropriate devolved authority; and
(c)
(c) any relevant authority.”.
Amendment of regulation 10
10.—(1) Regulation 10 (exceptions) is amended as follows.
(2) In paragraph (1)16—
(a)
(a) for “an Annex I” substitute “a Schedule A1”;
(b)
(b) for “an Annex II” substitute “a Schedule A2”;
(c)
(c) in sub-paragraph (b)(i), after “assessment of any” insert “significant”.
(3) In paragraph (2), for “shall” substitute “must”.
(4) After paragraph (2),...
To continue reading
Request your trial