The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007

PART 1 E+W INTRODUCTORY

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007, and they come into force on 28 September 2007.

(2) These Regulations apply in relation to Welsh waters as defined in regulation 2(1).

Interpretation E+W

2.—(1) In these Regulations—

“the appropriate consultation bodies” (“y cyrff ymgynghori priodol”) means—

(a)

in relation to any dredging in Welsh Waters which may constitute or form part of a project serving national defence purposes, the Secretary of State;

(b)

in relation to any dredging in Welsh waters which would be likely to have significant effects on the environment in English waters, the Secretary of State;

(c)

in relation to any dredging in Welsh waters which would be likely to have significant effects on the environment in Northern Ireland, the Department of the Environment in Northern Ireland;

(d)

the Countryside Council for Wales; and

(e)

such bodies as the Welsh Ministers consider, by reason of their specific environmental responsibilities, to have an interest in a relevant project;

“by public advertisement” (“drwy hysbysebu'n gyhoeddus”), in relation to a notice means—

(a)

by publication of the notice in such national publication and in such local newspaper as the Welsh Ministers consider appropriate; and

(b)

where the Welsh Ministers maintain a website for the purpose of advertising applications, by publication of the notice on the website;

“commencement” (“cychwyn”) means the date on which these Regulations come into force;

“dredging” (“treillio”) means the extraction of minerals by dredging in Welsh waters, but does not include—

(a)

such extraction where specifically authorised to be carried out by any enactment (including any enactment contained in a local Act or subordinate legislation), and in particular does not include extraction authorised by an order under section 3 (orders as to inland waterways etc.) of the Transport and Works Act 1992 M1 ;

(b)

dredging in any waters within the jurisdiction of a harbour authority, as defined by section 57 of the Harbours Act 1964 M2 ; or

(c)

extraction to which any of the following Regulations apply—

(i)

the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 M3 ,

(ii)

the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 M4 ,

(iii)

the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 M5 ,

(iv)

the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 M6 ,

(v)

the Pipe-line Works (Environmental Impact Assessment) Regulations 2000 M7 , and

where the context so requires, includes proposed dredging;

“the EIA Directive” (“y Gyfarwyddeb EIA”) means Directive 85/337/EEC M8 on the assessment of the effects of certain public and private projects on the environment;

“English waters” (“dyfroedd Lloegr”) means —

(a)

tidal waters and any part of the sea within the seaward limits of United Kingdom waters for the purposes of the Territorial Sea Act 1987 M9 ; and

(b)

waters for the time being designated under section 1(7) of the Continental Shelf Act 1964 M10 (designation of areas of continental shelf)

other than, in relation to paragraphs (a) and (b),—

(i)

waters adjacent to Northern Ireland,

(ii)

waters adjacent to Scotland,

(iii)

the Scottish zone, and

(iv)

Welsh waters.

“environmental statement” (“datganiad amgylcheddol”) has the meaning given by regulation 7(1);

“European site” (“safle Ewropeaidd”) means any of the following located in Welsh waters—

(a)

a special area of conservation;

(b)

a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive;

(c)

an area classified as a special protection area under Article 4(1) or (2) of the Wild Birds Directive;

(d)

a site which has been proposed by the Welsh Ministers as a site eligible for designation as a special area of conservation for the purposes of meeting the United Kingdom's obligations under Article 4(1) of the Habitats Directive, until such time as—

(i)

it is included in the list of sites of Community importance referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, or

(ii)

agreement is reached under Article 4(2) of that Directive not to include the site in that list;

“habitats project” (“prosiect cynefinoedd”) means a project for carrying out dredging in Welsh waters which is not directly connected with, or necessary to, the management of a European site and which is likely to have a significant effect (either alone or in combination with other plans or projects) on a European site;

“the Habitats Directive” (“y Gyfarwyddeb Cynefinoedd”) means Council Directive 92/43/EEC M11 on the conservation of natural habitats and of wild fauna and flora;

“the holder” (“y deiliad”), in respect of a permission granted under these Regulations, means any person to whom the permission has been transferred, whilst the permission is vested in that person;

“Northern Ireland” (“Gogledd Iwerddon”) has the meaning given by section 98(1) of the Northern Ireland Act 1998 M12 ;

“notice” (“hysbysiad”) means notice in writing, and “notify” and cognate expressions will be construed accordingly;

“owner” (“perchennog”)—

(a)

in relation to minerals situated in Welsh waters in which there is a Crown interest or a Duchy interest (as defined in section 293 (preliminary definitions) of the Town and Country Planning Act 1990 M13 ), that is—

(i)

an estate in fee simple, or

(ii)

an interest that is, in the opinion of the Welsh Ministers, equivalent to such an estate,

means the appropriate authority as defined in that section;

(b)

in relation to minerals in which there is no such Crown interest, Duchy interest or Crown estate, means the person in whom the minerals are vested in fee simple or who, in the opinion of the Welsh Ministers, has an interest in the minerals equivalent to an estate in fee simple;

“prospective applicant” (“ceisydd arfaethedig”) means a person who intends to make an application under regulation 10 or under regulation 18;

“relevant project” (“prosiect perthnasol”) means any project for carrying out dredging in Welsh waters which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

“Scotland” (“yr Alban”) and the “Scottish zone” (“parth Albanaidd”) have the meanings given by section 126 of the Scotland Act 1998 M14

“the selection criteria” (“y meini prawf dethol”) means the criteria set out in Schedule 2 to these Regulations;

“Wales” (“Cymru”) has the meaning given by section 158(1) of the Government of Wales Act 2006 M15 ;

“waters adjacent to Northern Ireland” (“dyfroedd sy'n gyfagos â Gogledd Iwerddon”) means so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Northern Ireland, as determined under section 98(8) of the Northern Ireland Act 1998 M16 ;

“waters adjacent to Scotland” (“dyfroedd sy'n gyfagos â'r Alban”) means so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland, as determined under section 126(2) of the Scotland Act 1998 M17 :

“Welsh waters” (“dyfroedd Cymru”) means tidal waters and parts of the sea adjacent to Wales from the mean high water springs up to the seaward limits of territorial waters”; and

“the Wild Birds Directive” (“y Gyfarwyddeb Adar Gwyllt”) means Council Directive 79/409/EEC M18 on the conservation of wild birds.

(2) Expressions used in these Regulations and in the EIA Directive or in the Habitats Directive have the same meaning for the purposes of these Regulations as in those Directives.

(3) Where these Regulations refer to —

(a) an application or request which may be made by any person; or

(b) an approval, decision, determination or opinion to be issued by the Welsh Ministers;

any such application or request must be made, and any such approval, decision, determination or opinion must be issued, in writing.

Marginal Citations

M1 1992 c. 42.

M2 1964 c. 40.

M3 S.I. 1999/293, amended by S.I. 2000/2867, 2006/3099 and 2006/3295.

M4 S.I. 1999/1783.

M5 S.I. 1999/1672, as amended by the Utilities Act 2000 (c. 27), section 76(7) and by S.I. 2007/1996.

M6 S.I.1999/360, amended by S.I. 2007/933.

M7 S.I. 2000/1928 amended by S.I. 2007/1992.

M8 OJ No L175, 05.07.85, p. 40, amended by Directive 97/11/EC, OJ No L73, 14.03.97, p.5 and Directive 2003/35/EC, OJ No L156, 25.06.03, p.17.

M9 1987 c. 49.

M10 1964 c. 29.

M11 OJ No. L206, 22.07.92, p.7 to which there are amendments not relevant to these Regulations.

M12 1998 c. 47. See also the Adjacent Waters Boundaries (Northern Ireland) Order 2002 (S.I. 2002/791).

M13 1990 c. 8. Section 293 was amended by Schedule 3 to the Planning and Compulsory Purchase Act 2004 (c. 5).

M14 1998 c. 46. See also the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).

M15 2006 c. 32; See also article 6 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). That Order was made under section 155(2) of the Government of Wales Act 1998 (c. 38) (power to make an order for the purposes of the definition of Wales) and is treated as being made under section 158(3) of the Government of Wales Act 2006 by virtue of paragraph 26(3) of Schedule 11 to that Act.

M16 1998 c. 47. See also the Adjacent Waters Boundaries (Northern Ireland) Order 2002 (S.I. 2002/791)

M17 1998 c. 46. See also the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).

M18 OJ No L103, 25.04.97, p.1, to which there are amendments not relevant to these Regulations.

Application to the Crown E+W

3.—(1) Subject to paragraph (2), these Regulations bind the Crown.

(2) No contravention by the Crown of any provision of these Regulations constituting a criminal offence may make the Crown criminally liable, but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding anything in paragraph (2), these Regulations apply to persons in the public service of the Crown as they apply to any other person.