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

Regulations 2 and 4

SCHEDULE 1 SELECTION CRITERIA FOR SCREENING OPINIONS

Characteristics of developments

1.  The characteristics of developments must be considered having regard, in particular, to:

(a) the size of the development;

(b) the cumulation with other developments;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of developments

2.  The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to:

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area; and

(c) the absorption capacity of the natural environment, paying particular attention to the following areas:

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under Member States' legislation; special protection areas designated by Member States pursuant to Council Directive 79/409/EEC on the conservation of wild birds(1) and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(2);

(vi) areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

(vii) densely populated areas; and

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

Characteristics of the potential impact

3.  The potential significant effects of developments must be considered in relation to criteria set out under paragraphs 1 and 2, and having regard in particular to:

(a) the extent of the impact (geographical area and size of the affected population);

(b) the transfrontier nature of the impact;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact; and

(e) the duration, frequency and reversibility of the impact.

Regulations 2 and 10

SCHEDULE 2 MATTERS FOR INCLUSION IN ENVIRONMENTAL STATEMENT

PART I

1.  Description of the development, including in particular:

(a) a description of the physical characteristics of the whole development and the land-use requirements during the construction and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project.

2.  An outline of the main alternatives studied by the developer and an indication of the main reasons for this choice, taking into account the environmental effects.

3.  A description of the aspects of the environment likely to be significantly affected by the proposed development, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

4.  A description of the likely significant effects of the proposed development on the environment resulting from:

(a) the existence of the development;

(b) the use of natural resources;

(c) the emission of pollutants, the creation of nuisances and the elimination of waste; and

(d) the description by the developer of the forecasting methods used to assess the effects on the environment.

5.  A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

6.  A non-technical summary of the information provided under paragraphs 1 to 5.

7.  An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information.

PART II

8.  A description of the development comprising information on the site, design and size of the development.

9.  A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

10.  The data required to identify and assess the main effects which the development is likely to have on the environment.

11.  An outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects.

12.  A non-technical summary of the information provided under paragraphs 8 to 11.

Regulations 4, 6 and 9

SCHEDULE 3 BODIES TO BE CONSULTED

1.  Any planning authority whose area adjoins the area of marine waters where the proposed development is to be situated.

2.—(a) The Secretary of State for Scotland, Scottish Natural Heritage and the Scottish Environment Protection Agency, where the proposed development is to be situated in an area of marine waters adjoining Scotland;

(b) the Secretary of State for the Environment, Transport and the Regions, the Countryside Commission, the Nature Conservancy Council for England and the Environment Agency, where the proposed development is to be situated in an area of marine waters adjoining England;

(c) the Secretary of State for Wales, the Countryside Council for Wales and the Environment Agency, where the proposed development is to be situated in an area of marine waters adjoining Wales.

3.  Where the proposed development is to be situated in the marine waters landward of a line drawn between Burrow Head and St Bees Head–

(a) both the Environment Agency and the Scottish Environment Protection Agency; and

(b) both the Secretary of State for Scotland and the Secretary of State for the Environment, Transport and the Regions and both Scottish Natural Heritage and the Nature Conservancy Council for England.

4.  Any district salmon fishery board within whose area the proposed development is to be situated.

(1)

O.J. No. L103, 25.4.1979, p.1.

(2)

O.J. No. L206, 22.7.1992, p.7.