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

Amendment of regulation 2

4.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) omit the definitions of “Annex I project” and “Annex II project”;

(b) in the definition of “appropriate authority”(1)—

(i) in paragraph (b)(i), for “the Environment” substitute “Agriculture, Environment and Rural Affairs in Northern Ireland”;

(ii) for paragraph (b)(ii) substitute—

“(ii) as regards any regulated activity in the Scottish offshore region, the Scottish Ministers;”;

(c) for the definition of “consenting authority”(2), substitute—

““consenting authority”, in relation to a project, means any authority whose consent to any activity to be undertaken in the course of the project is required under any enactment;”;

(d) in the definition of “the consultation bodies”, in paragraph (e), after “responsibilities” insert “or local or regional competences”;

(e) in the definition of “EIA consent”, for “the effects of the regulated activity” substitute “the significant effects of the project”;

(f) in the definition of “the EIA Directive”(3), for “adopted” substitute “amended by Directive 2014/52/EU of the European Parliament and of the Council(4)”;

(g) after the definition of “England”, insert the following definitions—

““environmental impact assessment” means a process consisting of—

(a)

the preparation of an environmental statement in accordance with regulation 12 and Schedule 3;

(b)

the carrying out of consultations in accordance with regulation 17 and, where relevant, regulations 20 and 20A;

(c)

the consideration of the environmental statement and other information in accordance with regulation 21A(1);

(d)

the conclusion in respect of the likely significant effects of the project in accordance with regulation 21A(2); and

(e)

the consideration of that conclusion in reaching the EIA consent decision, in accordance with regulation 22(1)(b);”;

““EU environmental assessment” means an assessment carried out—

(a)

under an obligation to which section 2(1) of the European Communities Act 1972 applies (other than the EIA Directive), or

(b)

under the law of any part of the United Kingdom implementing an EU obligation other than an obligation arising under the EIA Directive,

of the effect of anything on the environment;;”;

(h) after the definition of “fishery harbour”, insert—

““the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(5);”;

(i) in the definition of “local planning authority”, in paragraph (b), for “the Department of the Environment” substitute “the Department for Infrastructure or, as the case may be, any district council in whose district, or adjacent to whose district, the regulated activity is proposed to be carried out”;

(j) in the definition of “regulatory approval”(6), omit paragraph (c);

(k) in the definition of “relevant authority”(7)—

(i) in paragraph (a)—

(aa) for “Department” substitute “department”;

(bb) for “Departments” substitute “departments”;

(ii) in paragraph (b), for “Scotland” substitute “the Scottish inshore region”;

(l) after the definition of “the relevant Public Register”, insert the following definitions—

““Schedule A1 project” means a project of a type specified in Schedule A1 to these Regulations;

“Schedule A2 project” means a project of a type specified in Schedule A2 to these Regulations;”;

(m) after the definition of “sea”, insert—

““UK environmental assessment” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment;”;

(n) after the definition of “Wales”, insert—

““the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(8).”.

(3) After paragraph (1A), insert—

“(1B) In these Regulations, “enactment” includes an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(1C) In these Regulations, any reference to the likely significant effects, or the likely significant adverse effects, of projects or regulated activities on the environment includes a reference to the effects of those projects or activities on the environment once they are completed and in operation.

(1D) In paragraph (1C), the reference to the environment includes a reference to the matters referred to in regulation 21A(2)(a) to (e).”.

(1)

The definition of “appropriate authority” was substituted by S.I. 2011/735 and was subsequently amended by S.I. 2015/446.

(2)

The definition of “consenting authority” was substituted by S.I. 2011/735.

(3)

The definition of “the EIA Directive” was substituted by S.I. 2015/446.

(4)

OJ No L 124, 25.4.2014, p.1.

(5)

OJ No L 206, 22.7.1992, p. 7. The Habitats Directive was last amended by Council Directive 2013/17/EU, OJ No L 158, 10.6.2013, p. 193.

(6)

The definition of “regulatory approval” was substituted by S.I. 2011/735.

(7)

The definition of “relevant authority” was substituted by S.I. 2011/735.

(8)

OJ No L 20, 26.1.2010, p. 7. The Wild Birds Directive was amended by Council Directive 2013/17/EU.