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

Applications for permission

9.—(1) An application for permission to carry out dredging shall–

(a) be made to the Scottish Ministers;

(b) contain such information as the Scottish Ministers may reasonably require;

(c) unless paragraph (2) applies to the dredging, include an environmental statement;

(d) where paragraph (2) applies, and the Secretary of State’s determination relates to part only of the dredging, include an environmental statement in respect of any part of the dredging to which the determination does not apply; and

(e) be accompanied by a fee of £29,500.

(2) This paragraph applies where the Scottish Ministers have received a determination from the Secretary of State under regulation 5(2) that the dredging constitutes or forms part of a project serving national defence purposes, and that in the opinion of the Secretary of State the application of these Regulations would have an adverse effect on those purposes.

(3) The Scottish Ministers may require the applicant to supply such number of copies of the application as may reasonably be required, within such period as may reasonably be specified.

(4) Where the applicant fails, within such period as the Scottish Ministers have specified, or such further period as the Scottish Ministers may allow, to comply with any requirement of this regulation, the application shall be deemed to be withdrawn at the end of such period, and the fee shall be refunded if the Scottish Ministers have not yet published a notice under regulation 11(1).

(5) An application under this regulation may be withdrawn at any time by notice to the Scottish Ministers, and the fee shall be refunded if, at the time when the Scottish Ministers receive the notice of withdrawal, the Scottish Ministers have not yet published a notice under regulation 11(1).

(6) Where the Scottish Ministers receive an application under this regulation in respect of dredging which may constitute or form part of a project serving national defence purposes, the Scottish Ministers shall provide a copy of that application to the Secretary of State.