In regulation 9, for paragraphs (1) and (2) substitute—

“(1)

Before applying for consent in relation to a project, the Department must give its opinion as to the scope and level of detail of the information to be contained in the environmental statement required for that project.

(2)

Before a determination has been made whether the project is or would be a relevant project, the Department shall deal with the request on the assumption that the project is a relevant project”.