The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017

Amendment of Schedule 2

30.—(1) Schedule 2 (screening opinions) is amended as follows.

(2) For paragraph 1(1)(b) to (d) substitute—

“(b) a description of the project, including in particular—

(i) a description of the physical characteristics of the whole project and, where relevant, of demolition works; and

(ii) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(c) a description of the aspects of the environment likely to be significantly affected by the project; and

(d) a description of any likely significant effects of the project on the environment, to the extent of the information available on such effects resulting from—

(i) the expected residues and emission and the production of waste, where relevant,

(ii) the use of natural resources, in particular soil, land, water and biodiversity; and”.

(3) After paragraph 1(1)(d), insert—

“(e) such further information or representations as the applicant may wish to provide or make, including a description of any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.”.

(4) After paragraph 1(1), insert—

“(1A) The selection criteria set out in Schedule 1 must be taken into account, where relevant, when compiling the information required by paragraph (1)(b) to (d) above.

(1B) The applicant must take into account any other relevant and reasonably obtainable assessment carried out in accordance with an EU obligation under the law of any part of the United Kingdom other than under the EIA Directive.”.

(5) After paragraph 3(4), insert—

“(5) Where the appropriate authority must give a screening opinion under these Regulations, the authority must take into account in making that decision—

(a) any information provided by the applicant in accordance with paragraph 1(1);

(b) the results of any relevant EU environmental assessment which are reasonably available to the authority; and

(c) such of the selection criteria set out in Schedule 1 as are relevant to the project.”.

(6) After paragraph 4, insert—

“Giving a screening opinion

4A.   Where the appropriate authority gives a screening opinion, the screening opinion must—

(a) state the main reasons for the conclusion with reference to the relevant criteria listed in Schedule 1; and

(b) if it is determined that the regulated activity does not require an environmental impact assessment, state any features of the project or measures envisaged to avoid, or prevent what might otherwise have been, significant adverse effects on the environment.”.

(7) For paragraph 5 substitute—

“Notification of a screening opinion

5.— (1) Where the applicant requests a screening opinion under regulation 11(1) in accordance with paragraph 1(1), the appropriate authority must provide its screening opinion to—

(a) the applicant;

(b) if the appropriate authority is not also the regulator, the regulator; and

(c) such of the consultation bodies as it consulted in accordance with paragraph 4.

(2) The appropriate authority must provide the opinion as soon as possible within a period of 90 days beginning with the day on which the request is made.

(3) In exceptional cases, where the nature, complexity, location or size of the project demands a longer period for determination, the appropriate authority may extend the period specified in sub-paragraph (2), informing the applicant in writing of the reasons justifying the extension and of the date on which its screening opinion is expected.”.

(8) In paragraph 6(1)(b)(1), for “, the 2009 Act or the 2010 Act” substitute “or the 2009 Act”.

(1)

Paragraph 6(1)(b) of Schedule 2 was substituted by S.I. 2011/735.