The Conservation of Habitats and Species Regulations 2010

Marine works

100.—(1) The assessment provisions apply in relation to the granting of a licence, consent or other approval for marine works.

(2) Where the assessment provisions apply, the competent authority may, if they consider that any adverse effects of the plan or project on the integrity of a European site or a European offshore marine site would be avoided if the licence, consent or other approval were subject to conditions or requirements, grant the licence, consent or other approval subject to those conditions or requirements.

(3) The review provisions apply to any licence, consent or other approval for marine works.

(4) Where on the review of any such licence, consent or other approval the competent authority consider that any adverse effects on the integrity of a European site or a European offshore marine site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the licence, consent or other approval, they may vary it accordingly.

(5) This regulation does not apply in relation to any application for a licence mentioned in paragraph (6)(a), or a consent mentioned in paragraph (6)(b), in respect of dredging where—

(a) the Secretary of State has determined that the dredging would constitute a habitats project under the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007(1); or

(b) the Welsh Ministers have determined that the dredging would constitute a habitats project under the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007(2).

(6) In this regulation, “marine works” means any activity or proposed activity requiring—

(a) a licence under Part 2 of the Food and Environment Protection Act 1985(3) (deposits in the sea);

(b) a consent under section 34 of the Coast Protection Act 1949(4) (restriction of works detrimental to navigation); or

(c) an approval or consent for works involved in the construction of a harbour or involving the making of modifications to an existing harbour under—

(i) a local Act,

(ii) such an Act read together with a notice given and published under section 9 of the Harbours Transfer Act 1862(5) (power to Admiralty to retain authority over ports, etc. where dockyards, etc. are situate), or

(iii) an order made under section 14 (powers, on application of harbour authorities, or others, to make orders for securing harbour efficiency etc.) or 16 (powers, on application of intending undertakers, or others, to make orders conferring powers for improvement, construction, etc., of harbours) of the Harbours Act 1964(6).

(1)

S.I. 2007/1067.

(2)

S.I. 2007/2610.

(3)

1985 c. 48.

(4)

1949 c. 74; section 34 was amended by the Merchant Shipping Act 1988 (c. 12), section 36, and the Statute Law Revision Act 1953 (c. 5).

(5)

1862 c. 69; section 9 was amended by SR & O 1921/1804.

(6)

1964 c. 40; sections 14 and 16 were amended by the Transport Act 1981 (c. 56) , paragraphs 3 and 14 of Schedule 6 and Schedule 12; the Criminal Justice Act 1982 (c. 48), sections 37 and 46; the Transport and Works Act 1992 (c. 42), paragraphs 1 and 2 of Schedule 3; S.I. 2006/1177; the Planning Act 2008 (c. 29), paragraphs 8, 9 and 10 of Schedule 2; and S.I. 2009/1941.