The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020

Amendment of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017

3.—(1) The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017(1) are amended in accordance with paragraphs (2) to (12).

(2) In regulation 2(1) (interpretation), before the definition of “Scottish marine protection area” insert—

““relevant period” means the period beginning on 21 May 2020 and ending on the date on which Part 1 of the Coronavirus (Scotland) Act 2020 expires in accordance with section 12 of that Act;”.

(3) In regulation 16(2) (publication of EIA report) for “A notice” substitute “Subject to regulation 16A, a notice”.

(4) After regulation 16 insert—

“Temporary relaxation of requirement for publication of EIA report

16A.   Regulation 16(2)(c) applies during the relevant period as if “and the times and places at which, and the means by which the EIA report is available for inspection” were substituted with “on the application website”.”.

(5) In regulation 19(1) (copies of EIA report for the Scottish Ministers) for “Where” substitute “Subject to regulation 19A, where”.

(6) After regulation 19 insert—

“Temporary relaxation of requirement for hard copies of EIA report for the Scottish Ministers

19A.   Regulation 19 applies during the relevant period as if—

(a) paragraph (1) required an EIA report in relation to an application for a marine licence to be submitted by means of electronic communication and for the applicant to send two hard copies of the EIA report to the Scottish Ministers but only to send such hard copies if requested to do so by them, and

(b) paragraph (2) were omitted.”.

(7) In regulation 20(1) (copies of EIA report for the public), for “Where” substitute “Subject to regulation 20A, where”.

(8) After regulation 20 insert—

“Temporary relaxation of requirement for hard copies of EIA report for the public

20A.   There is no requirement to make hard copies of an EIA report available for public inspection during the relevant period.”.

(9) In regulation 22(1) (publication of additional information) for “Where” substitute “Subject to regulation 22A, where”.

(10) After regulation 22 insert—

“Temporary relaxation of requirement for publication of additional information

22A.   Regulation 22(3)(c) applies during the relevant period as if “and the times and places at which, and the means by which, the additional information is available for inspection” were substituted with “on the application website”.”.

(11) In regulation 25(3) (notification of decision) for “A notice” substitute “Subject to regulation 25A, a notice”.

(12) After regulation 25 insert—

“Temporary relaxation of requirement to make decision notice available for inspection

25A.   Regulation 25 applies during the relevant period as if paragraph (3)(c) were substituted with–

“(c) state the details of the website where a copy of the decision notice is available for inspection,”.”.

(1)

S.S.I. 2017/115 to which there are amendments which are not relevant to this instrument.