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The Marine Works (Environmental Impact Assessment) Regulations 2007

Type Statutory-Instrument

Publication 2007-05-21

Last updated 2025-12-15

State In force

Department King's Printer of Acts of Parliament

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The Secretary of State for Environment, Food and Rural Affairs, with the consent of the Treasury, makes the following Regulations:

PART 1 — INTRODUCTION

Title and commencement

1

These Regulations may be cited as the Marine Works (Environmental Impact Assessment) Regulations 2007 and come into force on 24th June 2007.

Interpretation

2

(1) In these Regulations—

“the 1985 Act” means the Food and Environment Protection Act 1985[^f00004];

“the 2009 Act” means the Marine and Coastal Access Act 2009;

“the 2010 Act” means the Marine (Scotland) Act 2010;

“the 2024 Act” means the Infrastructure (Wales) Act 2024;

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“applicant” means—an applicant (or prospective applicant) for the issue of a regulatory approval; orany person giving notice to a regulator for the purpose of obtaining a regulatory approval;

“application” includes the giving of notice to a regulator for the purpose of obtaining a regulatory approval;

“appropriate authority” means—where the regulator is the Secretary of State, the Marine Management Organisation , the Natural Resources Body for Wales examining authority, or a devolved authority, the regulator;where the regulator is any other person—as regards any regulated activity in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland; as regards any regulated activity in the Scottish offshore region, the Scottish Ministers; as regards harbour works relating to harbours that are wholly in Wales, other than harbours that are reserved trust ports, the Welsh Ministers; in any other case, the Secretary of State; and— for the purpose of paragraph (a), “devolved authority” means any Northern Ireland Department, the Scottish Ministers or the Welsh Ministers; andfor the purpose of paragraph (b)(iii), “reserved trust port” has the meaning given by section 32 of the Wales Act 2017;

“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;

“the consultation bodies” means—the local planning authority;such of the nature conservation bodies as the appropriate authority considers likely to have an interest in the activity by reason of their responsibilities;any relevant authority;any consenting authority; andsuch other bodies as the appropriate authority considers likely to have an interest in the regulated activity (whether by virtue of their having specific environmental responsibilities or local or regional competences under an enactment or otherwise);

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“EIA consent” means consent for a regulated activity given by an appropriate authority in accordance with these Regulations and on the basis of an assessment of the significant effects of the project on the environment;

“EIA consent decision” means a decision whether to give EIA consent and (where the decision is to give such consent) as to the terms on which to do so;

“the EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13th December 2011 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of the European Parliament and of the Council;

“England” includes any part of the territorial sea that is not part of Scotland, Wales or Northern Ireland;

“environmental impact assessment” means a process consisting of—the preparation of an environmental statement in accordance with regulation 12 and Schedule 3;the carrying out of consultations in accordance with regulation 17 and, where relevant, regulations 20 and 20A;the consideration of the environmental statement and other information in accordance with regulation 21A(1);the conclusion in respect of the likely significant effects of the project in accordance with regulation 21A(2); andthe consideration of that conclusion in reaching the EIA consent decision, in accordance with regulation 22(1)(b);

“EU environmental assessment” means an assessment of the effect of anything on the environment carried out under assimilated law other than any law of any part of the United Kingdom that implemented the EIA Directive;

“environmental statement” means a statement complying with regulation 12(2);

“examining authority” means the person or panel of persons appointed under section 40 of the 2024 Act;

“excluded information” means—in the case of information to which the Environmental Information Regulations 2004[^f00007] or the Environmental Information (Scotland) Regulations 2004[^f00008] apply, any information that the regulator would be entitled to withhold in response to a request made in accordance with those Regulations; andin any other case, any information which is exempt information for the purposes of the Freedom of Information Act 2000[^f00009] or the Freedom of Information (Scotland) Act 2002[^f00010];

“the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;

“harbour” has the meaning assigned to it in section 57(1) of the Harbours Act 1964[^f00012];

“harbour authority” has the same meaning as in section 57(1) of the Harbours Act 1964[^f00012]

“harbour works” means—works involved in the construction of a harbour;works involving the making of modifications to an existing harbour;any dredging operation undertaken by or on behalf of a harbour authority and carried out for the purpose of extracting minerals; andworks involving the deposit of spoil from any such dredging operation;

“infrastructure consent” means the consent required by section 19 of the 2024 Act;

“infrastructure consent order” means an order under the 2024 Act granting infrastructure consent;

“local planning authority” means—in relation to England or Wales, any authority that is a local planning authority for the purposes of the Town and Country Planning Act 1990[^f00013] in or adjacent to whose area the regulated activity is proposed to be carried out;in relation to Northern Ireland, 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; andin relation to Scotland—any authority that is a planning authority for the purposes of the Town and Country Planning (Scotland) Act 1997[^f00014] in or adjacent to whose area the regulated activity is proposed to be carried out; andwhere the regulated activity is carried out in or adjacent to a National Park, the National Park authority for the National Park;

“the nature conservation bodies” means—the Joint Nature Conservation Committee[^f00015];Natural England[^f00016];Scottish Natural Heritage[^f00017]; and the Natural Resources Body for Wales;

“Northern Ireland” has the meaning assigned to it by section 98(1) of the Northern Ireland Act 1998[^f00019];

“public” means one or more natural or legal persons and, in accordance with the law or practice of any part of the United Kingdom, their associations, organisations or groups;

“public concerned” means the public affected or likely to be affected by, or having an interest in, environmental decision making procedures (for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under the law of any part of the United Kingdom are deemed to have an interest);

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“regulated activity” means any activity (or proposed activity) for which a regulatory approval is (or would be) required;

“regulator” means the person responsible for considering an application for a regulatory approval;

“regulatory approval” means—a licence under Part 2 of the 1985 Act;a marine licence, or variation of a marine licence, under Part 4 of the 2009 Act;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .except in relation to Northern Ireland, an approval or consent for harbour works under—any local Act;such an Act read together with a notice given and published under section 9 of the Harbours Transfer Act 1862; orany order under section 14 or 16 of the Harbours Act 1964; or an infrastructure consent order that grants infrastructure consent for development that will take place in the Welsh marine area, and for the purposes of paragraph (e) “development” has the meaning given by section 133 of the 2024 Act;

“regulatory decision” means a decision whether to grant or issue a regulatory approval and (where the decision is to grant or issue such an approval) as to the terms on which to do so;

“relevant authority” means—where a regulated activity is likely to have a significant effect on the environment of Northern Ireland and the appropriate authority is not a Northern Ireland department, such of the Northern Ireland departments as the appropriate authority considers likely to have an interest in the activity by reason of their environmental responsibilities;where a regulated activity is likely to have a significant effect on the environment of the Scottish inshore region, or the Scottish offshore region (or both) and the appropriate authority is not the Scottish Ministers, the Scottish Ministers;where the regulated activity is likely to have a significant effect on the environment of the Scottish offshore region and the appropriate authority is not the Secretary of State, the Secretary of State;where a regulated activity is likely to have a significant effect on the environment of the Welsh inshore region or the Welsh offshore region (or both) and the appropriate authority is not the Welsh Ministers, the Welsh Ministers; where the regulated activity is likely to have a significant effect on the environment of the Welsh offshore region and the appropriate authority is not the Secretary of State, the Secretary of State; where a regulated activity is likely to have a significant effect on the environment of England or a relevant offshore region and the appropriate authority is the Marine Management Organisation, the Secretary of State; andwhere a regulated activity is likely to have a significant effect on the environment of England or a relevant offshore region and the appropriate authority is the Secretary of State, the Marine Management Organisation;

and for the purposes of paragraphs (d) and (da), “Welsh inshore region” and “Welsh offshore region” have the meanings given by section 322(1) of the 2009 Act;

“relevant legislation” means, in relation to an application, a regulatory decision or a regulatory approval, the legislation under which the application was made, the regulatory decision taken or the regulatory approval granted or issued (as the case may be);

“relevant offshore region” means—the English offshore region; or ...the Northern Ireland offshore region;within the meaning of those expressions given by section 322(1) of the 2009 Act;

“the relevant Public Register” means the register on which information must be recorded in accordance with (as the case may be)—section 14 of the 1985 Act;section 101 of the 2009 Act; orsection 54 of the 2010 Act;

“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;

“scoping opinion” means an opinion given by an appropriate authority as to the information to be provided in an environmental statement for an application;

“Scotland” (other than in the definition of “the Scottish offshore region”) includes the Scottish inshore region;

“the Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;

“the Scottish offshore region” means so much of the UK marine area as lies outside the Scottish inshore region and consists of—areas of sea which lie within the Scottish zone, andareas of sea which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;and for this purpose “the Scottish zone” has the meaning given by section 126(1) of the Scotland Act 1998;

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“screening opinion” means an opinion given by an appropriate authority as to whether or not an environmental impact assessment is required for a regulated activity;

“sea” includes—any area submerged at mean high water spring tide, andthe waters of every estuary, arm of the sea, river or channel, so far as the tide flows at mean high water spring tide,and any reference to an area of sea includes the bed and subsoil of the sea within that area;

“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;

“UK marine area” has the same meaning as in section 42 of the 2009 Act;

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“Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006;

“Welsh marine area” has the meaning given in section 143(1) of the 2024 Act;

“the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds.

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(1A) The area of sea referred to in sub-paragraph (a) of the definition of “sea” in paragraph (1) includes waters in any area—

(a) which is closed, whether permanently or intermittently, by a lock or other artificial means against the regular action of the tide, but

(b) into and from which seawater is caused or permitted to flow, whether continuously or from time to time.

(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).

(2) In these Regulations, any term used in the EIA Directive has the same meaning as in that Directive.

Extension of powers to require the payment of fees in respect of applications

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(1) An appropriate authority may require an applicant for a regulatory approval to pay to it reasonable fees in respect of relevant expenses.

(2) In paragraph (1) “relevant expenses” means administrative and other expenses which the authority reasonably incurs under these Regulations in its capacity as an appropriate authority (including any expenses in respect of examinations and tests carried out for that purpose), but does not include any expenses in respect of which a fee may be charged under any other provision of these Regulations.

(3) Paragraph (4) applies to any requirement imposed under—

(a) paragraph (1);

(aa) regulation 10(4J);

(b) paragraph 2 of Schedule 2;

(d) regulation 24A.

(4) The determination of the amount of a reasonable fee in accordance with any requirement to which this paragraph applies must be made—

(a) where the appropriate authority is the Secretary of State, by the Secretary of State ...;

(b) where the appropriate authority is the Marine Management Organisation, by the Marine Management Organisation with the consent of the Secretary of State;

(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;

(d) where the appropriate authority is the Welsh Ministers , examining authority or the Natural Resources Body for Wales, by the Welsh Ministers ...; and

(e) where the appropriate authority is the Scottish Ministers, by the Scottish Ministers.

(5) Before determining the amount of a fee which is imposed under any requirement referred to in paragraph (3), the authority must consult such organisations as appear to it to represent persons who are likely to apply for regulatory approval.

PART 2 — REGULATED ACTIVITY IN RELATION TO WHICH AN ENVIRONMENTAL IMPACT ASSESSMENT IS (OR MAY BE) REQUIRED

Environmental impact assessment

4

Where an environmental impact assessment is required in relation to a regulated activity in accordance with the remaining provisions of this Part—

(a) Part 3 applies in relation to the regulated activity;

(b) the duties of the regulator under the relevant legislation in relation to an application for a regulatory approval for the regulated activity are subject to the requirements of this Part and Part 3; and

(i) the regulator must not grant a regulatory approval in respect of the regulated activity; and

(ii) the applicant must not commence the regulated activity.

Requirement of assessment by agreement

5

An environmental impact assessment is required in relation to a regulated activity if the applicant so agrees with the appropriate authority.

Requirement of assessment by determination

6

An environmental impact assessment is required in relation to a regulated activity if the appropriate authority so determines under regulation 7 or 8.

Determination: Annex I projects

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Subject to regulations 9 to 10, the appropriate authority must determine that an environmental impact assessment is required in relation to any regulated activity that is to be carried out in the course of a Schedule A1 project.

Determination: Annex II projects

8

(1) Subject to regulations 9 to 10, the appropriate authority must determine that an environmental impact assessment is required in relation to a regulated activity that is to be carried out in the course of a Schedule A2 project, if it concludes that the project in question is likely, because of its size, nature or location, to have significant effects on the environment.

(2) In reaching a conclusion as to whether or not a Schedule A2 project is likely to have significant effects on the environment, the appropriate authority must have regard to the criteria set out in Schedule 1.

Projects serving national defence purposes

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(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.

(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.

(2) Before making any such direction, the Secretary of State must notify—

(a) where the Secretary of State is not also the appropriate authority, the appropriate authority;

(b) where the Secretary of State is not also the regulator, the regulator; and

(3) As soon as practicable after making any such direction, the Secretary of State must send a copy of the direction to—

(a) where the Secretary of State is not also the appropriate authority, the appropriate authority;

(b) where the Secretary of State is not also the regulator, the regulator; and

Exceptions

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(1) An appropriate authority may determine that an environmental impact assessment is not required in relation to regulated activity that is to be carried out in the course of a Schedule A1 project or a Schedule A2 project, if it is satisfied—

(a) that—

(i) a determination that an environmental impact assessment is not required for the regulated activity can be justified in accordance with Article 2(4) of the EIA Directive (exemption for exceptional cases); and

(ii) the regulated activity would not be likely to have significant effects on the environment of an EEA State; or

(b) that—

(i) assessment of any significant effects on the environment of the project in question has already been, is being or is to be carried out by the appropriate authority or by another consenting authority; and

(ii) such assessment is (or will be) sufficient to meet the requirements of any law of any part of the United Kingdom that implemented the EIA Directive in relation to that project.

(2) Where the appropriate authority determines in accordance with paragraph (1) that an environmental impact assessment is not required in relation to a regulated activity, it must notify—

(a) the applicant, and

(b) where the appropriate authority is not also the regulator, the regulator.

(2A) Where the appropriate authority determines in accordance with paragraph (1)(a) that an environmental impact assessment is not required in relation to a regulated activity, it must—

(a) consider whether another form of assessment of the likely significant effects of the project on the environment is appropriate; and

(b) make available to the public concerned—

(i) the determination, including an explanation of the reasons for it; and

(ii) the information obtained under any other assessment referred to in sub-paragraph (a).

(3) Where the appropriate authority determines in accordance with paragraph (1)(a) that an environmental impact assessment is not required in relation to a regulated activity, the applicant must provide the appropriate authority with such information as it requires for the purpose of meeting the provisions of Article 2(4) of the EIA Directive, namely the provision to ensure that information relating to the regulated activity and the reasons for its determination are —

(a) published in such manner as it considers appropriate;

(b) in the case of an activity requiring regulatory approval under the 1985 Act or the 2009 Act, made available on the relevant Public Register.

(3A) Paragraphs (4) to (4J) apply where the appropriate authority determines in accordance with paragraph (1)(b) that an environmental impact assessment is not required in relation to a regulated activity by reason of an assessment carried out by another consenting authority.

(4) The regulator—

(a) must not grant regulatory approval unless it has determined that to do so would be compatible with the other consenting authority’s measures to comply with any law of any part of the United Kingdom that implemented the EIA Directive; and

(b) for the purpose of so determining must consider whether it is appropriate to seek the views of the other consenting authority.

(4A) Any decision to grant a regulatory approval must take into account the following information relating to the other consenting authority’s assessment referred to in paragraph (1)(b)—

(a) the conclusion of the assessment;

(b) any relevant conditions attached to any consent granted in respect of the project by the other consenting authority and which relate to the likely significant environmental effects of the project on the environment;

(c) a description of any features of the project and any measures envisaged in order to avoid, prevent, reduce and, if possible, offset likely significant adverse effects of the project on the environment;

(d) any monitoring measures considered appropriate by the other consenting authority in relation to the project; and

(e) any comments of the other consenting authority relating to the regulated activity.

(4B) The regulator must be satisfied that the information incorporated in the other consenting authority’s assessment and consent (if any) is up to date at the time that the regulatory decision is taken, but that information and the other consenting authority’s assessment and consent (if any) must be taken to be up to date if, in the opinion of the regulator, they address the significant effects that the proposed project is likely to have on the environment.

(4C) The regulatory decision must be taken within a period of time which—

(a) is reasonable, taking into account the nature and complexity of the regulated activity; and

(b) begins with the date on which the other consenting authority’s decision is published.

(4D) Where the regulator decides to refuse regulatory approval, the regulator must state the main reasons for the refusal.

(4E) Where the regulator decides to grant regulatory approval, the regulator must incorporate in the regulatory decision—

(a) a summary of the other consenting authority’s conclusion referred to in paragraph (4A)(a);

(b) any environmental conditions, mitigating or monitoring measures attached to the regulatory decision; and

(i) the main reasons and considerations on which the regulatory decision is based including, if relevant, information about the participation of the public; and

(ii) a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results have been incorporated or otherwise addressed.

(4F) The regulator must, as soon as reasonably possible, send a copy of its regulatory decision to—

(a) the applicant;

(b) if the regulator is not also the appropriate authority, the appropriate authority;

(d) the authorities of any EEA State to whom the other consenting authority sent written notice of its decision; and

(e) any other person or body consulted by the regulator under section 8(11B) of the 1985 Act or section 69(4) of the 2009 Act.

(4G) The regulator must, as soon as possible after its decision is sent to the applicant pursuant to paragraph (4F), ensure that—

(a) notice of that decision is published on the regulator’s website and in such other manner as it considers appropriate; and

(b) it promptly makes a written copy of the regulatory decision available for public inspection.

(4H) In paragraph (4G), “public inspection” means—

(a) in the case of an activity requiring regulatory approval under the 1985 Act or the 2009 Act, inspection on the relevant Public Register; and

(b) in the case of other regulated activities, inspection at the address nominated by the appropriate authority under regulation 16(2)(e).

(4I) The notice in paragraph (4G)(a) must state—

(a) that the regulator has made available for public inspection the written copy of the regulatory decision; and

(b) the times at which the relevant Public Register or the information at the address referred to in paragraph (4H)(b) may be inspected.

(4J) A decision to grant regulatory approval which includes a monitoring measure may include a condition as to the payment of a reasonable fee, determined in accordance with regulation 3(4) and (5), in respect of expenses incurred in assessing and interpreting the results of any monitoring measure.

(5) Paragraph (1) is subject to regulation 10A.

(6) For the purpose of paragraphs (1)(a)(i) and (3), Article 2(4) of the EIA Directive is to be read as if—

(a) in the first sub-paragraph, the words “Without prejudice to Article 7,” were omitted;

(b) “Member States”, in both places where it occurs, were read as “appropriate authority”;

(b) in the second sub-paragraph, point (c) were omitted;

Screening opinions

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(1) An applicant may request a screening opinion from the appropriate authority at any time before he applies for a regulatory approval in relation to a regulated activity.

(2) If the request is made and the applicant does not defer making his application until the screening opinion is given, the regulator must not deal with the application until after the appropriate authority has given its screening opinion.

(3) If an applicant makes an application for a regulatory approval in relation to a regulated activity without having requested a screening opinion and the regulator considers that the regulated activity is or may be one in relation to which an environmental impact assessment is required under regulation 7 or 8 , the regulator—

(a) must direct the applicant to request a screening opinion from the appropriate authority; and

(b) must not deal with the application until after the appropriate authority has given its screening opinion.

(4) The procedures for requesting and giving screening opinions are set out in Schedule 2.

(5) If the screening opinion is that an environmental impact assessment is not required for the project in the course of which the regulated activity would be carried out, the application may (subject to regulation 10(3) or (4), if either applies) proceed in accordance with the relevant legislation.

(6) If the screening opinion is that an environmental impact assessment is required for the regulated activity, the regulator must reject the application unless it is one which is capable of being dealt with in accordance with Part 3 without changes being made to the application.

(7) Where paragraph (2), (3), (5) or (6) applies in relation to an application under relevant legislation that provides that an applicant may proceed to carry out a regulated activity without further consent unless the regulator takes some step within a specified period—

(a) any time prior to the giving of the screening opinion by the appropriate authority does not count in the calculation of that period; and

(b) where the appropriate authority gives a screening opinion to the effect that an environmental impact assessment is required for the regulated activity, the regulator is to be treated for the purposes of the relevant legislation as having taken, within the specified period, a step of such a kind as precludes the applicant from proceeding to carry out the regulated activity without further consent.

(8) Paragraphs (2), (3) (5), (6) and (7) apply notwithstanding any provision to the contrary in the relevant legislation.

PART 3 — ENVIRONMENTAL IMPACT ASSESSMENTS

Application for a regulatory approval in relation to a regulated activity

12

(1) Where an application is made for a regulatory approval in relation to a regulated activity to which this Part applies, neither the regulator nor the appropriate authority may deal with the application or exercise any functions under these Regulations in relation to it until the appropriate authority has received the following material from the applicant—

(a) a chart or map (or both) sufficient to identify where the regulated activity would be carried out and the extent of any operations which it would involve;

(b) a description (including a plan) of the nature of the project, identifying the regulated activity to be carried out in the course of that project;

(c) a statement of the working methods to be used in the course of the project and in carrying out the regulated activity;

(d) an environmental statement in respect of the project; and

(e) a copy of any environmental statement in respect of the project provided or to be provided to any other consenting authority.

(2) An environmental statement must—

(a) be in writing;...

(b) include at least—

(i) a description of the project and the regulated activity, comprising information on the site, design, size and other relevant features of the project and the regulated activity;

(ii) a description of the likely significant effects of the project and the regulated activity on the environment;

(iii) a description of the features of the project and the regulated activity or the measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(iv) a description of the reasonable alternatives studied by the applicant which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment;

(v) a non-technical summary of the information referred to in paragraphs (i) to (iv); and

(vi) any additional information specified in Schedule 3 relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected;

(c) where a scoping opinion has been given in accordance with regulation 13 and Schedule 4, be based on the most recent scoping opinion given (so far as the project remains materially the same as the project which was subject to that opinion);

(d) include the information reasonably required for reaching a conclusion about the significant effects of the project on the environment, taking into account current knowledge and methods of assessment;

(e) (with a view to avoiding duplication of assessments), be prepared taking into account the results of any relevant UK environmental assessment which are reasonably available to the applicant;

(f) be prepared by competent persons; and

(g) be accompanied by a statement from the applicant outlining the relevant experience or qualifications of such persons.

(3) The appropriate authority may specify—

(a) the format in which the applicant must provide the material referred to in paragraph (1); and

(b) the number of copies of the material in that format that the applicant must provide to it and to the regulator (if the regulator is not also the appropriate authority).

(3A) The appropriate authority must ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental statement.

(4) The applicant must comply with any reasonable requirement made in accordance with paragraph (3) and, until this has been done—

(a) neither the regulator nor the appropriate authority need deal further with, or exercise any functions under these Regulations in relation to, the application; and

(b) the regulator must not reach its regulatory decision.

(5) Where an applicant has failed to comply with the requirements of paragraphs (1) and (2), or any requirements of the appropriate authority under paragraph (3), within such reasonable period as the appropriate authority has specified or such longer period as the appropriate authority may reasonably allow—

(a) the regulator may treat the application as having been withdrawn; and

(b) the appropriate authority (if the regulator is not also the appropriate authority) may direct the regulator to do so.

Scoping opinions

13

(1) The applicant may request a scoping opinion from the appropriate authority.

(2) The procedures for requesting and giving scoping opinions are set out in Schedule 4.

(3) Where a scoping opinion is given—

(a) the appropriate authority must not deliver its environmental impact assessment, and

(b) the regulator must not reach its regulatory decision,

unless the applicant has submitted an environmental statement containing all of the information specified in the scoping opinion.

Provision of further information

14

(1) Where the appropriate authority reasonably considers that—

(a) it requires relevant further information, and

(b) the applicant is (or should be) able to provide such information,

the appropriate authority must notify the applicant in writing of the matters on which it requires further information.

(1A) In paragraph (1), “relevant further information” means—

(a) further information properly to consider the likely significant environmental effects of the project which gives rise to the regulated activity covered by the application; or

(b) where—

(i) the applicant has submitted an environmental statement, or

(ii) a scoping opinion has been given in accordance with regulation 13 and Schedule 4,

further information which is directly relevant to reaching a conclusion about the significant effects of the project described in the environmental statement.

(2) Neither the regulator nor the appropriate authority need deal further with, or exercise any functions under these Regulations in relation to, the application, and the regulator must not reach its regulatory decision, until any further information required in accordance with paragraph (1) has been provided to the appropriate authority and to the regulator (if the regulator is not also the appropriate authority).

(3) Where an applicant has failed to provide any information required in accordance with paragraph (1) within such reasonable period as the appropriate authority has specified, or such longer period as the appropriate authority may reasonably allow—

(a) the regulator may treat the application as having been withdrawn; and

(b) the appropriate authority (if the regulator is not also the appropriate authority) may direct the regulator to do so.

Availability of information held by regulator

15

(1) The regulator and the appropriate authority (if the regulator is not also the appropriate authority) may make available to the applicant any information in their possession which may be relevant to—

(a) the preparation of the environmental statement, or

(b) the provision of the further information required in accordance with regulation 14(1).

(2) Subject to paragraphs (3) and (4), the regulator and the appropriate authority (if the regulator is not also the appropriate authority) must make such information available if the applicant so requests.

(3) Paragraph (2) does not require the disclosure of any excluded information.

(4) Where an applicant requests information under paragraph (2), the regulator or the appropriate authority (as the case may be) may impose, as a condition of providing the information, a reasonable charge reflecting the cost of identifying, preparing and copying the information.

Publicity

16

(1) The appropriate authority must, as soon as reasonably possible, publicise the application and the environmental statement in respect of the project to which it relates or, as the case may be, any further information provided by the applicant pursuant to a notification under regulation 14, by—

(a) publishing a notice containing the information set out in paragraph (2) on the appropriate authority’s website; and

(b) publishing, or directing the applicant to publish, the notice—

(i) in two successive weeks, in such newspapers or other publications as the authority thinks fit; or

(ii) in such other manner (if any) as the authority considers appropriate.

(2) The information referred to in paragraph (1)(a)(i) is—

(a) the applicant’s name and address;

(b) a statement that an application for a licence or consent for a regulated activity has been made and that the environmental statement has been prepared or, as the case may be, that the further information has been furnished to the appropriate authority;

(d) the fact that the project is subject to an environmental impact assessment and, where relevant, that regulation 18 applies;

(da) details of the appropriate authority responsible for making the EIA consent decision and, where the appropriate authority is not the regulator, details of the regulator;

(db) the nature of possible decisions, including any decision to grant regulatory approval;

(e) the address of an office of the appropriate authority, or other place nominated by the appropriate authority, at which the documents listed in paragraph (2A) may be inspected free of charge at all reasonable hours within 42 days beginning with the date of first publication of the notice under paragraph (1)(b)(i);

(f) the contact details of the appropriate authority for obtaining copies of the documents listed in paragraph (2A) and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying), of the charge;

(g) a statement that any person wishing to make representations regarding the application and environmental statement or, as the case may be, the further information should make them in writing to the appropriate authority at an address specified by the appropriate authority, within 42 days beginning with the date of first publication of the notice under paragraph (1)(b)(i); and

(h) details of the arrangements for public participation in accordance with Schedule 5.

(2A) The appropriate authority must take steps to secure that the following documents relating to the application are made available for public inspection at all reasonable hours at the address referred to in paragraph (2)(e)—

(a) any screening opinion given in accordance with regulation 11 and Schedule 2;

(b) any scoping opinion given in accordance with regulation 13 and Schedule 4 (including any written statement of reasons);

(c) the environmental statement and any further information provided by the applicant pursuant to a notification under regulation 14; and

(d) in accordance with national legislation, the main reports or advice issued to the appropriate authority at the time when the public concerned is first notified under paragraph (1).

(2B) The appropriate authority must ensure that the documents listed in paragraph (2A) are electronically accessible to the public, through at least an appropriate central portal or easily accessible points of access.

(2C) The applicant must ensure that a reasonable number of copies of the environmental statement and any further information provided by the applicant pursuant to a notification under regulation 14 are available at the address notified under paragraph (2)(e).

(3) The applicant must comply with any reasonable direction made in accordance with paragraph (1)(b) and neither the regulator nor the appropriate authority need deal further with, or exercise any functions under these Regulations in relation to, the application, and the regulator must not reach its regulatory decision, unless or until this has been done.

(4) Where the applicant has failed to comply with a direction made in accordance with paragraph (1)(b) within such reasonable period as the appropriate authority has specified, or such longer period as the appropriate authority may reasonably allow—

(a) the regulator may treat the application as having been withdrawn, and

(b) the appropriate authority (if the regulator is not also the appropriate authority) may direct the regulator to do so.

(5) Neither the regulator nor the appropriate authority need deal further with, or exercise any functions under these Regulations in relation to, the application, and the regulator must not reach its regulatory decision, until the period for representations has expired.

Consultation on proposed regulated activity

17

(1) The appropriate authority must as soon as reasonably possible either—

(a) supply the following material to such of the consultation bodies as it considers appropriate—

(i) a copy of the application;

(ii) a copy of the environmental statement;

(iii) a copy of any further information supplied by the applicant to the appropriate authority; and

(iv) a letter stating that any representations in response to consultation regarding the application should be made in writing to the appropriate authority, at an address specified by the appropriate authority, within 42 days from the date of the letter (or such longer period as may be agreed between the consultation body and the appropriate authority in accordance with paragraph (2)); or

(b) direct the applicant to do so.

(2) The appropriate authority may agree a longer consultation period with a consultation body where, in the opinion of the appropriate authority, it is reasonable to do so.

(3) Neither the regulator nor the appropriate authority need deal further with, or exercise any functions under these Regulations in relation to, the application, and the regulator must not reach its regulatory decision, until the applicant has complied with any direction made in accordance with paragraph (1)(b).

(4) Where the applicant has failed to comply with a direction made in accordance with paragraph (1)(b) within such reasonable period as the appropriate authority has specified, or such longer period as the appropriate authority may reasonably allow—

(a) the regulator may treat the application as having been withdrawn, and

(b) the appropriate authority (if the regulator is not also the appropriate authority) may direct the regulator to do so.

(5) Neither the regulator nor the appropriate authority need deal further with, or exercise any functions under these Regulations in relation to, the application, and the regulator must not reach its regulatory decision, until the consultation period (including any extension agreed in accordance with paragraph (2)) has expired.

Provision of information to affected EEA States

18

(1) The appropriate authority must as soon as possible comply with paragraph (2) where—

(a) it comes to the attention of the appropriate authority that a proposed project is the subject of an environmental impact assessment and is likely to have significant effects on the environment in an EEA State; or

(b) an EEA State likely to be significantly affected by the project so requests.

(2) The appropriate authority must—

(a) send to the EEA State the particulars mentioned in paragraph (3) and such of the information referred to in paragraph (5) as is relevant;

(b) publish, or direct the applicant to publish, those particulars in a notice placed in the relevant Gazette indicating the address where additional information is available; and

(c) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.

(3) The particulars referred to in paragraph (2)(a) are—

(a) a description of the project together with any available information on its possible significant effect on the environment in that EEA State; and

(b) information on the nature of the decision which may be taken.

(4) The appropriate authority must send these particulars, and such of the information referred to in paragraph (5) as is relevant, to the authorities of the EEA State—

(a) as soon as possible; and

(b) in any event, no later than the date on which the particulars are published in the relevant Gazette.

(5) The information referred to in paragraph (2)(a) is—

(a) a copy of the application for regulatory approval;

(b) a copy of the environmental statement in respect of the project to which that application relates;

(d) any relevant information regarding the procedure under these Regulations including an explanation of the decisions that the regulator can make in relation to the application.

(6) Where a EEA State indicates, in accordance with paragraph (2)(c), that it wishes to participate in the procedure for which these Regulations provide, the appropriate authority must, as soon as possible, send to that EEA State the following information—

(a) any information provided by the applicant;

(b) the results of any relevant EU environmental assessment which are reasonably available to the appropriate authority; and

(7) Paragraphs (2) and (6) do not require the disclosure of any excluded information.

(8) Neither the regulator nor the appropriate authority need deal further with, or exercise any functions under these Regulations in relation to, the application, and the regulator must not reach its regulatory decision, until the period for consultation under regulation 20 has expired.

(9) In this regulation, “the relevant Gazette” means—

(a) in relation to projects in the English inshore region or the English offshore region, the London Gazette;

(b) in relation to projects in the Welsh inshore region or the Welsh offshore region, the London Gazette;

(c) in relation to projects in the Northern Ireland inshore region or the Northern Ireland offshore region, the Belfast Gazette;

(d) in relation to projects in the Scottish inshore region or the Scottish offshore region, the Edinburgh Gazette.

(10) In paragraph (9), the expressions—

(a) English inshore region,

(b) English offshore region,

(d) Northern Ireland offshore region,

(e) Welsh inshore region, and

(f) Welsh offshore region,

have the meanings given by section 322 of the 2009 Act.

Provision of information to other EEA States

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation of EEA States

20

The appropriate authority must—

(a) consult the authorities of any EEA State to which information has been provided under regulation 18 ...; and

(b) allow such reasonable period as may have been agreed with those authorities for them to—

(i) ensure that the authorities and the public concerned in that EEA State are given an opportunity to forward their opinion on the information supplied; and

(ii) make representations as to—

(aa) the possible significant effects of the regulated activity on the environment in that EEA State; and

(bb) the measures envisaged to reduce or eliminate such effects.

Consideration of representations from the public

21

(1) Subject to paragraph (2), the appropriate authority must apply the provisions of Schedule 5 in relation to each representation it receives pursuant to the statement referred to in regulation 16(2)(g).

(2) To the extent that the appropriate authority considers that representations made to it pursuant to the statement referred to in regulation 16(2)(g) are similar in material respects or deal with similar or related issues, it may group such representations and apply the provisions of Schedule 5 to each such group.

22

(1) In reaching its EIA consent decision, the appropriate authority must have regard to the relevant legislation and must consider—

(a) the application;

(b) its conclusion under regulation 21A(2) (including whether the conclusion is up to date);

(c) whether monitoring of the significant adverse environmental effects of the regulated activity is appropriate and, if so—

(i) whether (in order to avoid duplication) existing monitoring arrangements in accordance with an obligation under the law of any part of the United Kingdom can be relied on; and

(ii) whether conditions need to be attached to the regulatory approval;

(d) if monitoring is considered to be appropriate, whether conditions need to be attached to the regulatory approval to make provision for potential remedial action; and

(e) whether any other conditions need to be attached to the regulatory approval with respect to the likely significant effects of the project.

(2) The appropriate authority must not, following its consideration under regulation paragraph (1)(c), attach conditions to a regulatory approval in respect of a regulated activity unless it is satisfied that the type of parameters to be monitored and the duration of monitoring are proportionate to the nature, location and size of the regulated activity and the significance of its effect on the environment.

(3) The appropriate authority must not make a decision under paragraphs (1) and (2) unless it is satisfied that any conclusion under regulation 21A(2) in respect of the regulated activity is up to date (and a conclusion is taken to be up to date if, in the opinion of the appropriate authority, it addresses the likely significant environmental effects of the project).

(4) Taking into account the nature and complexity of the application and the regulated activity, the appropriate authority must reach its EIA consent decision within a reasonable period of time beginning with the date on which it is given all the information it is required to consider under regulation 21A(1).

Notification and publication of decisions

23

(1) The appropriate authority must as soon as reasonably possible send written confirmation of its EIA consent decision to—

(a) the applicant;

(b) if the appropriate authority is not also the regulator, the regulator;

(c) any person from whom the appropriate authority received representations pursuant to the statement referred to in regulation 16(2)(g);

(d) any consultation body that responded to the consultation pursuant to the letter referred to in regulation 17(1)(a)(iv); and

(e) the authorities of any EEA State who were consulted in accordance with regulation 20.

(2) The written confirmation must include the following—

(a) a statement which includes—

(i) the main reasons and considerations on which the EIA consent decision is based including, if relevant, information about the participation of the public; and

(ii) a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results (in particular, in circumstances where regulation 20 applies, the comments received from an EEA State pursuant to consultation under that regulation) have been incorporated or otherwise addressed;

(b) if the EIA consent decision is to grant EIA consent—

(i) the conclusion referred to in regulation 21A(2); and

(ii) any conditions attached to the EIA consent decision pursuant to regulation 22(1)(c) to (e), including any mitigating or monitoring measures; and

(3) The appropriate authority must, as soon as possible after written confirmation is sent to the applicant pursuant to paragraph (1), ensure that—

(a) notice of its EIA consent decision is published—

(i) on the appropriate authority’s website;

(ii) in those newspapers or other publications where the application was published under regulation 16(1)(b)(i); and

(iii) in such other manner (if any) as the appropriate authority considers appropriate; and

(b) it promptly makes available for public inspection the information referred to in paragraph (2).

(4) In paragraph (3)(b), “public inspection” means:

(a) in the case of an activity requiring regulatory approval under the 1985 Act or the 2009 Act, inspection on the relevant Public Register; and

(b) in the case of other regulated activities, inspection at the address nominated under regulation 16(2)(e).

(5) The notice in paragraph (3)(a) must state the times at which the relevant Public Register or information may be inspected at the address nominated under regulation 16(2)(e).

24

(1) Where the appropriate authority has given EIA consent in respect of a regulated activity, the regulator may proceed to deal with the application and take its regulatory decision in accordance with the relevant legislation.

(1A) When the regulator proceeds to deal with the application and take its regulatory decision in accordance with paragraph (1), the regulator must have regard to the written confirmation of the EIA consent decision and in particular to any conditions, including any mitigating or monitoring measures, attached to that decision pursuant to regulation 22(1)(c) to (e).

(1B) Where the regulator decides to grant regulatory approval, the regulator must incorporate in the regulatory decision—

(a) the conclusion reached by the appropriate authority in accordance with regulation 21A(2);

(b) any conditions, including any mitigating or monitoring measures, attached to the regulatory decision; and

(i) the main reasons and considerations on which the regulatory decision is based including, if relevant, information about the participation of the public; and

(ii) a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results (in particular, in circumstances where regulation 18 applies, the comments received from an EEA State pursuant to consultation under that regulation) have been incorporated or otherwise addressed.

(1C) Where the regulator decides to refuse regulatory approval, the regulator must state the main reasons for the refusal.

(1D) The regulator must be satisfied that the information incorporated in the EIA consent decision, under regulation 23(2), is up to date at the time that the regulatory decision is taken, but that information must be taken to be up to date if, in the opinion of the regulator, it addresses the significant effects that are likely to arise as a result of the project proposed.

(1E) The regulatory decision must be taken within a period of time which—

(a) is reasonable, taking into account the nature and complexity of the regulated activity; and

(b) begins with the date on which the EIA consent decision is published.

(2) Where the appropriate authority has refused EIA consent in respect of a regulated activity, the regulator may not grant a regulatory approval for that regulated activity and must treat the application for that regulated activity as having been withdrawn.

PART 4 — OFFENCES

Provision of false etc information

25

(1) A person is guilty of an offence if, for the purpose of procuring or obtaining an EIA consent (whether for the benefit of himself, another or both), he—

(a) makes a statement that he knows to be false in a material particular;

(b) recklessly makes a statement which is false in a material particular; or

(2) A person guilty of an offence under paragraph (1) is liable—

(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum; and

(b) on conviction on indictment, to a fine.

Offences committed by bodies corporate

26

(1) Where an offence under regulation 25 which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Offences committed by Scottish partnerships

27

Where an offence under regulation 25 which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, one or more of the partners or any person who was purporting to act in such capacity, he as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

PART 5 — MISCELLANEOUS

Access to review procedure before a court

28

(1) In relation to Scotland, any non-governmental organisation promoting environmental protection and meeting any other requirements under the law shall be deemed to have an interest for the purposes of Article 11(1)(a) of the EIA Directive and rights capable of being impaired for the purposes of Article 11(1)(b) of the EIA Directive.

(2) For the purpose of paragraph (1), Article 11(1) of the EIA Directive is to be read as if—

(a) in the words before point (a), “Member States” were “Scottish Ministers”;

(b) in point (b), “a Member State” were “Scotland”.

Revocation

29

Part 2 of, and Schedules 1 and 2 to, the Harbour Works (Environmental Impact Assessment) Regulations 1999[^f00027] are revoked.

Transitional and saving provisions

30

(1) These Regulations shall not apply in relation to an application made before 24th June 2007.

(2) The revocation made by regulation 29 does not affect the application of the provisions referred to in that regulation in relation to an application made before 24th June 2007.

SCHEDULE 1 — Matters relevant to consideration of whether or not a Schedule A2 project is likely to have significant effects on the environment

Characteristics of the project

1

The characteristics of the project, with particular regard to—

(a) the size and design of the whole project;

(b) cumulation with other existing or approved projects ;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of major accidents or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge; and

(g) the risks to human health (for example due to water contamination or air pollution).

Location of the project

2

The environmental sensitivity of geographical areas likely to be affected by the project, with particular regard to—

(a) the existing and approved land use;

(b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and below ground in that area;

(i) wetlands, riparian areas, river mouths;

(ii) coastal zones and the marine environment;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under national legislation, Natura 2000 areas designated or classified by member States pursuant to the Habitats Directive or the Wild Birds Directive;

(vi) areas in which there has already been a failure to meet the environmental quality standards laid down in EU legislation as it applied in the United Kingdom immediately prior to exit day, or in assimilated law and relevant to the project, or in which it is considered that there is such a failure;

(vii) densely populated areas; and

(viii) landscapes and sites of historical, cultural or archaeological significance.

Characteristics of the potential impact

3

The likely significant effects of projects on the environment in relation to the matters set out in paragraphs 1 and 2, with regard to the impact of the project on the factors specified in regulation 21A(2)(a) to (e) and with regard to—

(a) the magnitude and spatial extent of the impact (for example the geographical area and the size of the population likely to be affected);

(b) the nature of the impact;

(d) the intensity and complexity of the impact;

(e) the probability of the impact;

(f) the expected onset, duration, frequency and reversibility of the impact;

(g) the cumulation of the impact with the impact of other existing or approved projects;

(h) the possibility of effectively reducing the impact.

SCHEDULE 2 — SCREENING OPINIONS

Request for a screening opinion

1

(1) A request for a screening opinion must be accompanied by—

(a) a chart or map (or both) sufficient to identify the location of the project and of the regulated activity;

(b) a description of the project, including in particular—

(i) a description of the physical characteristics of the whole project and, where relevant, of demolition works; and

(ii) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(d) a description of any likely significant effects of the project on the environment, to the extent of the information available on such effects resulting from—

(i) the expected residues and emission and the production of waste, where relevant,

(ii) the use of natural resources, in particular soil, land, water and biodiversity; and

(e) such further information or representations as the applicant may wish to provide or make, including a description of any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(1A) The selection criteria set out in Schedule 1 must be taken into account, where relevant, when compiling the information required by paragraph (1)(b) to (d) above.

(1B) The applicant must take into account any other relevant and reasonably obtainable assessment carried out in accordance with an assimilated obligation under the law of any part of the United Kingdom other than under the EIA Directive.

(2) Where the regulated activity comprises the whole of (or forms part of) a project in respect of which the applicant has made an application to a consenting authority other than the regulator, an applicant seeking a screening opinion must—

(a) inform the appropriate authority and the regulator (if the regulator is not also the appropriate authority) of any such application;

(b) if any such consenting authority has requested an environmental statement in respect of that project, inform the appropriate authority and the regulator (if the regulator is not also the appropriate authority) of that request; and

(c) if so requested by the appropriate authority, provide the appropriate authority with a copy of any environmental statement and of any other environmental information provided to any such consenting authority.

Payment of a fee for a screening opinion

2

(1) The appropriate authority may require an applicant to pay a reasonable fee in respect of—

(a) the administrative expenses of providing a screening opinion; and

(b) the cost of carrying out any examinations or tests that, in the opinion of the appropriate authority, are necessary or expedient to enable the appropriate authority to produce its screening opinion.

(2) If the appropriate authority considers that it is appropriate to do so, it may—

(a) require the applicant to make a reasonable advance payment against the fee that it is entitled to charge for its screening opinion;

(b) determine the balance of the fee payable after carrying out the work necessary to produce its screening opinion in accordance with the remaining provisions of this Schedule; and

(c) require the applicant to pay the balance of the fee that it is entitled to charge prior to the notification of its screening opinion.

Procedure for reaching a screening opinion

3

(1) The appropriate authority must, if it considers that it has not been provided with sufficient information to enable it to give a screening opinion, notify the applicant in writing of the matters on which it requires further information and the applicant must supply that further information to the appropriate authority within such period as the appropriate authority may reasonably require.

(2) The applicant must supply the appropriate authority with such number of additional copies of the documentation as the appropriate authority may reasonably require.

(3) The appropriate authority need not deal further with the request for a screening opinion until the applicant has complied with the requirements of sub-paragraphs (1) and (2).

(4) Where an applicant has failed to comply with the requirements of sub-paragraph (1) or (2) within such reasonable period as the appropriate authority has specified, or such longer period as the appropriate authority may reasonably allow—

(a) the regulator may treat the application to which the request relates as having been withdrawn, and

(b) the appropriate authority (if the regulator is not also the appropriate authority) may direct the regulator to do so.

(5) Where the appropriate authority must give a screening opinion under these Regulations, the authority must take into account in making that decision—

(a) any information provided by the applicant in accordance with paragraph 1(1);

(b) the results of any relevant EU environmental assessment which are reasonably available to the authority; and

Consultation

4

(1) The appropriate authority must consult such of the consultation bodies as it considers appropriate before giving a screening opinion.

(2) When carrying out any consultation under sub-paragraph (1), the appropriate authority must allow the consultation body a reasonable period within which to respond, and that period must not be less than 28 days from the date of the letter to the consultation body from the appropriate authority or such other period as may be agreed between the consultation body and the appropriate authority.

Notification of a screening opinion

5

(1) Where the applicant requests a screening opinion under regulation 11(1) in accordance with paragraph 1(1), the appropriate authority must provide its screening opinion to—

(a) the applicant;

(b) if the appropriate authority is not also the regulator, the regulator; and

(2) The appropriate authority must provide the opinion as soon as possible within a period of 90 days beginning with the day on which the request is made.

(3) In exceptional cases, where the nature, complexity, location or size of the project demands a longer period for determination, the appropriate authority may extend the period specified in sub-paragraph (2), informing the applicant in writing of the reasons justifying the extension and of the date on which its screening opinion is expected.

Availability of screening opinions for inspection

6

(1) Subject to sub-paragraph (2), the appropriate authority must ensure that, as soon as possible after being sent to the applicant, its screening opinion is—

(a) publicised in such manner as it considers appropriate; and

(b) in the case of an activity requiring regulatory approval under the 1985 Act or the 2009 Act, made available on the relevant Public Register.

(2) Sub-paragraph (1) does not require disclosure of any excluded information.

SCHEDULE3 — Information to be included in an environmental statement

1

A description of the project and of the regulated activity, including in particular:

(a) a description of the location of the project and the regulated activity;

(b) a description of the physical characteristics of the whole project and regulated activity, including where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

(c) a description of the main characteristics of the operational phase of the project and the regulated activity (in particular any production process): for instance, energy demand and energy used, the nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

(d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation and quantities and types of waste produced during the construction and operation phases) resulting from the operation of the proposed project and the regulated activity.

2

A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the proposed project, the regulated activity and their specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3

A description of the relevant aspects of the current state of the environment (baseline scenario), and an outline of the likely evolution thereof without implementation of the project, as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4

A description of the factors specified in regulation 21A(2)(a) to (e) likely to be significantly affected by the project and the regulated activity: population, human health, biodiversity (for example, fauna and flora), land (for example, land take), soil (for example, organic matter, erosion, compaction, sealing), water (for example, hydromorphological changes, quantity and quality), air, climate (for example, greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5

A description of the likely significant effects of the project and the regulated activity on the environment resulting from, inter alia—

(a) the construction and existence of the project and the regulated activity, including, where relevant, demolition works;

(b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

(c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

(d) the risks to human health, cultural heritage or the environment (for example, due to accidents or disasters);

(e) the cumulation of effects with other existing or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f) the impact of the project on climate (for example, the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

(g) the technologies and the substances used.

6

The description of the likely significant effects on the factors specified in regulation 21A(2)(a) to (e) must cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the project and the regulated activity. This description must take into account the environmental protection objectives in assimilated law or under the law of any part of the United Kingdom which are relevant to the project and the regulated activity.

7

A description of the forecasting methods or evidence used to identify and assess the significant effects on the environment including details of difficulties (for example, technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.

8

A description of the measures envisaged to avoid, prevent, reduce or if possible offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example, the preparation of a post-project analysis). That description must explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and must cover both the construction and operational phases.

SCHEDULE 4 — SCOPING OPINIONS

Request for a scoping opinion

1

A request for a scoping opinion must be accompanied by—

(a) a chart, plan or map sufficient to identify the location of the regulated activity and of other activities to be carried out in the course of the project;

(b) a brief description of the specific characteristics of the regulated activity and the project, including their nature, purpose, location and technical capacity;

(ba) an explanation of the likely significant effects of the regulated activity and the project on the environment;

Information required where another application has been made

2

Where the regulated activity is to be carried out in the course of a project in respect of which the applicant has made an application to a consenting authority other than the regulator, an applicant seeking a scoping opinion must—

(a) inform the appropriate authority and the regulator (if the regulator is not also the appropriate authority) of any such application;

(b) if any such consenting authority has requested an environmental statement in respect of that project, inform the appropriate authority and the regulator (if the regulator is not also the appropriate authority) of that request; and

(c) if so requested by the appropriate authority or the regulator, provide the appropriate authority with a copy of any environmental statement and of any other environmental information provided to any such consenting authority.

Payment of a fee for a scoping opinion

3

(1) The appropriate authority may require an applicant to pay a reasonable fee in respect of—

(a) the administrative expenses of providing a scoping opinion; and

(b) the cost of carrying out any examinations or tests that, in the opinion of the appropriate authority, are necessary or expedient to enable the appropriate authority to produce its scoping opinion.

(2) If the appropriate authority considers that it is appropriate to do so, it may—

(a) require the applicant to make a reasonable advance payment against the fee that it is entitled to charge for its scoping opinion;

(b) determine the balance of the fee payable after carrying out the work necessary to produce its scoping opinion in accordance with the remaining provisions of this Schedule; and

(c) require the applicant to pay the balance of the fee that it is entitled to charge prior to the notification of its scoping opinion.

Procedure for reaching a scoping opinion

4

(1) The appropriate authority must, if it considers that it has not been provided with sufficient information to enable it to give a scoping opinion, notify the applicant in writing of the matters on which it requires further information and the applicant must supply that further information to the appropriate authority within such period as the appropriate authority may reasonably require.

(2) The applicant must supply the appropriate authority with such number of additional copies of the documentation as the appropriate authority may reasonably require.

(3) The appropriate authority need not deal further with the request for a scoping opinion until the applicant has complied with the requirements of sub-paragraphs (1) and (2).

(4) Where an applicant has failed to comply with the requirements of sub-paragraph (1) or (2) within such reasonable period as the appropriate authority has specified, or such longer period as the appropriate authority may reasonably allow—

(a) the appropriate authority may treat the request as having been withdrawn;

(b) the regulator may treat the application to which the request relates as having been withdrawn; and

(c) the appropriate authority (if the regulator is not also the appropriate authority) may direct the regulator to treat the application as withdrawn.

Matters to be considered in reaching a scoping opinion

5

In reaching a scoping opinion, the appropriate authority must take into account—

(a) the specific characteristics of the project, including its location and technical capacity;

(b) the nature and purpose of regulated activities of the type concerned in the project;

(d) any information provided by the applicant about the project and the regulated activity.

Consultation

6

(1) The appropriate authority must consult such of the consultation bodies as it considers appropriate before giving a scoping opinion.

(2) When carrying out any consultation under sub-paragraph (1), the appropriate authority must allow the consultation body a reasonable period within which to respond and that period must not be less than 28 days from the date of the letter that the consultation body receives from the appropriate authority or such other period as may be agreed between the consultation body and the appropriate authority.

Notification of a scoping opinion

7

The appropriate authority must, as soon as reasonably practicable, provide its scoping opinion and a written statement of the reasons for its opinion to—

(a) the applicant;

(b) if the appropriate authority is not also the regulator, the regulator; and

Availability of scoping opinions for inspection

8

(1) Subject to sub-paragraph (2), the appropriate authority must ensure that, as soon as possible after being sent to the applicant, its scoping opinion is—

(a) publicised in such a manner as it considers appropriate; and

(b) in the case of an activity requiring regulatory approval under the 1985 Act or the 2009 Act, made available on the relevant Public Register.

(2) Sub-paragraph (1) does not require disclosure of any excluded information.

SCHEDULE 5 — CONSIDERATION OF REPRESENTATIONS FROM THE PUBLIC

1

(1) In relation to each representation made pursuant to the statement referred to in regulation 16(2)(g), the appropriate authority must consider whether or not the representation is capable of being dealt with in accordance with this Schedule.

(2) If the appropriate authority concludes that the representation is not capable of being dealt with in accordance with this Schedule—

(a) it must have such regard (if any) as it considers appropriate in all the circumstances to the representation when reaching its EIA consent decision; and

(b) the remaining provisions of this Schedule do not apply to the representation.

2

(1) If the appropriate authority concludes in accordance with paragraph 1(1) that the representation is capable of being dealt with in accordance with this Schedule, it must consider whether or not the representation is relevant to the EIA consent decision.

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The Marine Works (Environmental Impact Assessment) Regulations 2007

PART 1 — INTRODUCTION

Title and commencement

1

Interpretation

2

Extension of powers to require the payment of fees in respect of applications

3

PART 2 — REGULATED ACTIVITY IN RELATION TO WHICH AN ENVIRONMENTAL IMPACT ASSESSMENT IS (OR MAY BE) REQUIRED

Environmental impact assessment

4

Requirement of assessment by agreement

5

Requirement of assessment by determination

6

Determination: Annex I projects

7

Determination: Annex II projects

8

Projects serving national defence purposes

9

Exceptions

10

Screening opinions

11

PART 3 — ENVIRONMENTAL IMPACT ASSESSMENTS

Application for a regulatory approval in relation to a regulated activity

12

Scoping opinions

13

Provision of further information

14

Availability of information held by regulator

15

Publicity

16

Consultation on proposed regulated activity

17

Provision of information to affected EEA States

18

Provision of information to other EEA States

19

Consultation of EEA States

20

Consideration of representations from the public

21

The EIA consent decision

22

Notification and publication of decisions

23

Effect of EIA consent decision on application and regulatory decision

24

PART 4 — OFFENCES

Provision of false etc information

25

Offences committed by bodies corporate

26

Offences committed by Scottish partnerships

27

PART 5 — MISCELLANEOUS

Access to review procedure before a court

28

Revocation

29

Transitional and saving provisions

30

SCHEDULE 1 — Matters relevant to consideration of whether or not a Schedule A2 project is likely to have significant effects on the environment

Characteristics of the project

1

Location of the project

2

Characteristics of the potential impact

3

SCHEDULE 2 — SCREENING OPINIONS

Request for a screening opinion

1

Payment of a fee for a screening opinion

2

Procedure for reaching a screening opinion

3