The Conservation (Natural Habitats, &c.) Regulations 1994

[F1 Marine works E+W

84C.— (1)  Regulations 48 (assessment of implications for European site) and 49 (considerations of overriding public interest) apply in relation to the granting of a licence, consent or other approval for marine works.

(2) Where regulations 48 and 49 apply, the competent authority may, if they consider that any adverse effects of the plan or project on the integrity of a European site or European offshore marine site would be avoided if the licence, consent or other approval were subject to conditions or requirements, grant the licence, consent or other approval subject to those conditions or requirements.

(3) Regulations 50 (review of existing decisions and consents, &c) and 51 (consideration on review) apply to any such licence, consent of other approval mentioned in paragraph (1).

(4) Where on the review of any such licence, consent or other approval the competent authority consider that any adverse effects on the integrity of a European site or European offshore marine site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the licence, consent or other approval, they may vary it accordingly.

(5) This regulation shall not apply in relation to any application for a licence mentioned in paragraph (6)(a), or a consent mentioned in paragraph (6)(b), in respect of dredging where—

(a) the Secretary of State has determined that the dredging would constitute a habitats project under the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007; or

(b) the Welsh Ministers have determined that the dredging would constitute a habitats project under the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007.

(6) In this regulation, “marine works” means any activity or proposed activity requiring—

(a) a licence under Part 2 of the Food and Environment Protection Act 1985;

(b) a consent under section 34 of the Coast Protection Act 1949;

(c) an approval or consent for works involved in the construction of a harbour or involving the making of modifications to an existing harbour under—

(i) a local Act;

(ii) such an Act read together with a notice given and published under section 9 of the Harbours Transfer Act 1862; or

(iii) an order made under section 14 or 16 of the Harbours Act 1964.

(7) For the purposes of any provision in regulations 49 to 53 which is applied by this regulation and which confers a function on the Secretary of State, any reference to the Secretary of State in that provision is to be taken to be a reference to the Welsh Ministers, if the function is exercisable in relation to—

(a) any application to the Welsh Ministers for an authorisation in respect of marine works;

(b) any application to any other authority for—

(i) an authorisation in respect of marine works, the refusal of which gives rise to a right of appeal to the Welsh Ministers;

(ii) an authorisation in respect of marine works in relation to which the Welsh Ministers exercise any power of direction or call-in;

(iii) an authorisation of a kind mentioned in paragraph (6)(c)(iii) in respect of works which are to be carried out in relation to a fishery harbour in Wales; or

(c) the grant of any application of a kind mentioned in sub-paragraph (a) or (b).

(8) In paragraph (7), “authorisation” means any licence, consent or other approval.]

Textual Amendments

F1 Reg. 84C inserted (E.W.) (1.10.2009) by The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 9