The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999

Interpretation

2.—(1) In these Regulations, unless the contrary intention appears–

“the Directive” means Council Directive 85/337/EEC, as amended by Council Directive 97/11/EC;

“document” includes a map, diagram, illustration or other descriptive matter in any form and also includes where appropriate a copy of a document;

“environmental information” means–

(a)

any environmental statement, including any further information provided by the applicant, required to be provided by these Regulations;

(b)

any representations made by an authority, body or person required by these Regulations to be invited to make representations or be consulted; and

(c)

any representations duly made by any other person about the likely environmental effects of the proposed development;

“environmental statement” means a statement–

(a)

that includes such of the information referred to in Part I of Schedule 2 as is reasonably required to assess the environmental effects of the development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but

(b)

which includes at least the information referred to in Part II of Schedule 2.

“fish farming” means keeping live fish, excluding shellfish, (whether or not for profit) with a view to their sale or to their transfer to other marine waters;

“inland waters” means waters within Great Britain which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows;

“local planning authority” means any authority which is a local planning authority for the purposes of the Town and Country Planning (Scotland) Act 1997(1) in Scotland or the Town and Country Planning Act 1990(2) in England and Wales;

“marine waters” means waters within seaward limits of the territorial sea adjacent to Great Britain, other than–

(a)

inland waters; and

(b)

waters within the jurisdiction of a local planning authority;

“relevant authority” means the Crown Estate Commissioners, Shetland Islands Council or Orkney Islands Council, as the case may be;

“scoping opinion” means a written statement of the opinion of the relevant authority under regulation 6 as to the information to be provided in the environmental statement;

“screening opinion” means a written statement of the opinion of the relevant authority under regulation 4 as to whether an environmental assessment is required;

“selection criteria” means the criteria set out in Schedule 1;

“sensitive area” means any of the following–

(a)

a site of special scientific interest, that is to say, land notified under section 28 (areas of special scientific interest) of the Wildlife and Countryside Act 1981(3);

(b)

land to which subsection (3) of section 29 (nature conservation orders) of the Wildlife and Countryside Act 1981 applies;

(c)

a National Park within the meaning of the National Parks and Access to the Countryside Act 1949(4);

(d)

a property appearing on the World Heritage list kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage(5);

(e)

a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979(6);

(f)

an area of outstanding natural beauty designated as such by an order made by the Countryside Commission, as respects England, or the Countryside Council for Wales, as respects Wales, under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949(7) as confirmed by the Secretary of State;

(g)

an area designated as a natural heritage area by a direction made by the Secretary of State under section 6(2) of the Natural Heritage (Scotland) Act 1991(8) or as a national scenic area by a direction made by the Secretary of State under section 262C of the Town and Country Planning (Scotland) Act 1972(9);

(h)

national nature reserves designated by Scottish Natural Heritage under the Wildlife and Countryside Act 1981(10);

(i)

a European site within the meaning of regulation 10 of the Conservation (Natural Habitats & c.) Regulations 1994(11);

(j)

Ramsar sites listed under the Convention on Wetlands of International Importance, especially as Waterfowl Habitat(12); and

references to Schedules are references to Schedules to these Regulations.

(2) Expressions used both in these Regulations and in the Directive have the same meaning for the purposes of these Regulations as they have for the purposes of the Directive.

(1)

1997 c. 8.

(2)

1990 c. 8.

(3)

1981 c. 69; section 28 was amended by the Wildlife and Countryside (Amendment) Act 1985 (c. 31), the Wildlife and Countryside (Service of Notices) Act 1985 (c. 59), the Norfolk and Suffolk Broads Act 1988 (c. 4) and the Planning (Consequential Provisions) Act 1990 (c. 11).

(4)

1949 c. 97; relevant amendments were made by the Environment Act 1995 (c. 25), Schedule 10, paragraph 2.

(5)

See Command paper 9424.

(6)

1979 c. 46; see the definition in section 1(11).

(7)

1949 c. 97. Section 87 was amended by paragraph 1(12) of Schedule 8 to the Environmental Protection Act 1990 (c. 43).

(8)

1991 c. 28.

(9)

1972 c. 52. Section 6(9) of the Natural Heritage (Scotland) Act 1991 contains a saving provision for any areas which were designated as national scenic areas under section 262C of the Town and Country Planning (Scotland) Act 1972 as at the date of the repeal of section 262C by section 27 of and Schedule 11 to the Natural Heritage (Scotland) Act 1991.

(10)

1981 c. 69.

(11)

S.I. 1994/2716.

(12)

See Command paper 6464.