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

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This is the original version (as it was originally made).

Provision for the protection of European sites: review of existing agreements

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4.—(1) As soon as reasonably practicable after the coming into force of these Regulations, the Scottish Ministers shall serve on the parties to each agreement to which sub paragraph (2) applies, a notice specifying a date for the purposes of sub paragraph (5).

(2) This sub paragraph applies to any written agreement–

(a)entered into by an owner before the coming into force of these Regulations; and

(b)which the Scottish Ministers consider relates to dredging which constitutes a habitats project.

(3) As soon as reasonably practicable after a site becomes a European site, the Scottish Ministers shall serve on the parties to each agreement to which sub paragraph (4) applies, a notice specifying a date for the purposes of sub paragraph (5).

(4) This sub paragraph applies to any agreement–

(a)entered into by an owner before the coming into force of these Regulations; and

(b)which the Scottish Ministers consider relates to dredging which constitutes a habitats project as a result of the designation of the European site.

(5) On and after the date specified in a notice under sub paragraph (1) or sub paragraph (3), the agreement shall have effect for all purposes as a permission granted as a result of an application under regulation 9 and which it is the Scottish Ministers duty to review under paragraph 3.

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