The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019

Amendments to the Marine Works (Environmental Impact Assessment) Regulations 2007 U.K.

6.—(1) The Marine Works (Environmental Impact Assessment) Regulations 2007 M1 are amended as follows.

(2) In regulation 2(1)—

(a) for the definition of “EU environmental assessment” substitute—

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

(b) after the definition of “Northern Ireland” insert—

““public” means one or more natural or legal persons and, in accordance with the [F1 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);”.

(3) In regulation 10—

(a) in paragraph (1)—

(i) in sub-paragraph (a)(ii), for “another” substitute “ an ”;

(ii) in sub-paragraph (b)(ii), after “requirements of” insert “ any law of any part of the United Kingdom that implemented ”;

(b) in paragraph (3)—

(i) for the words from “to comply” to “by” substitute “ for the purpose of meeting the provisions of ”;

(ii) after “namely” insert “ the provision to ensure that information relating to the regulated activity and the reasons for its determination are ”;

(iii) from sub-paragraph (a) to the end substitute—

“(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.”;

(c) in paragraph (4)(a), after “comply with” insert “ any law of any part of the United Kingdom that implemented ”;

(d) at the end insert—

“(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;

(c) the third and fourth sub-paragraphs were omitted.”.

(4) In regulation 10A—

(a) in paragraphs (2)(c) and (5)(c), for “another EEA State” substitute “ an EEA State ”;

(b) at the end insert—

“(8) For the purpose of this regulation, 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;

(c) the third and fourth sub-paragraphs were omitted.”.

(5) In regulation 15A(b), after “under” insert “ any law of any part of the United Kingdom that implemented ”.

(6) In regulation 18—

(a) in paragraph (1)(a) and (b), in both places it occurs, for “another” substitute “ an ”;

(b) in paragraph (3)(a), for “the other” substitute “ that ”.

(7) In regulation 20A—

(a) in the heading, for “another” substitute “ an ”;

(b) in paragraph (1)—

(i) omit “, pursuant to Article 7(1) or (2) of the EIA Directive,”;

(ii) omit “, in accordance with Article 7(4) of the EIA Directive”;

(iii) in sub-paragraph (b), omit “pursuant to Article 7(3)(b) of the EIA Directive”;

(c) in paragraph (2)(c), omit “in order to comply with Article 9(2) of the EIA Directive”.

(8) In regulation 21A—

(a) in paragraph (1)(e), omit “other”;

(b) in paragraph (2)(b), after “under” insert “ any law of any part of the United Kingdom that implemented ”.

(9) In regulation 28—

(a) the existing paragraph is renumbered as paragraph (1);

(b) at the end insert—

“(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”.”.

(10) In Schedule A1—

(a) in paragraph 29, after “pursuant to” insert “ Chapter 3 of Part 1 of the Energy Act 2008 M2 and any law of any part of the United Kingdom that implemented ”;

(b) in paragraph 30, after “pursuant to” insert “ Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented ”.

(11) In Schedule A2, in paragraph 22, after “after “pursuant to” insert “ Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented ”.

(12) In Schedule 1, in paragraph 2(c)(vi), after “EU legislation” insert “ as it applied in the United Kingdom immediately prior to exit day, or in retained EU law ”.

(13) In Schedule 2, in paragraph 1(1B), for “an EU obligation” substitute “ a retained EU obligation ”.

(14) In Schedule 3—

(a) in paragraph 6, for “established at Union or member State level” substitute “ in retained EU law or under the law of any part of the United Kingdom ”;

(b) in paragraph 9—

(i) for “EU legislation such as” substitute “ retained EU law such as any law that implemented ”;

(ii) after “requirements of” insert “ any law that implemented ”.

(15) In Schedule 5, in paragraph 2(4)(a), after “compliance with” insert “ any law of any part of the United Kingdom that implemented ”.

Textual Amendments

F1 Words in reg. 6(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 S.I. 2007/1518; relevant amending instruments are S.I. 2011/735, 2015/446, 2017/588 and S.S.I. 2017/115.

M2 2008 c. 32.