The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement for Great Britain Council Directive 85/337/EEC (O.J. No.L175, 5.7.1985, p.40), as amended by Council Directive 97/11/EC (O.J. No.L73, 14.3.1997, p.5) (“the Directive”) on the assessment of the environmental effects of certain projects in respect of fish farming in marine waters.

The Regulations repeal, and re-enact with amendments, the Environmental Assessment (Salmon Farming in Marine Waters) Regulations 1988 (S.I. 1988/1218) (“the 1988 Regulations”).

The Regulations apply to applications as regards fish farming in marine waters, made on or after 14th March 1999, where any part of the proposed development is in a sensitive area, or the proposed development is designed to hold a biomass of 100 tonnes or greater, or will extend to 0.1 hectare or more of the surface area. The Regulations provide that decisions on whether consideration of environmental information in respect of such applications for fish farming in marine waters is required shall be taken by the “relevant authority”, being generally the Crown Estate Commissioners; except where the application is for a works licence in respect of a fish farm in marine waters within the coastal area for the purposes of the Zetland County Council Act 1974 in which case the decision shall be taken by Shetland Islands Council, and where the application relates to the harbour area for the purposes of the Orkney County Council Act 1974 in which case the decision shall be taken by Orkney Islands Council.

Regulation 3 provides that the relevant authority shall not grant consent for fish farming in marine waters where the project is likely to have significant effects on the environment, without taking into consideration environmental information in respect of the proposed project.

Regulation 4 provides procedures for allowing a person proposing to apply for such consent to seek a screening opinion from the relevant authority, being an opinion as to whether an environmental assessment is required in relation to the proposed application.

Regulation 5 provides for an application for consent for fish farming in marine waters, without an environmental statement, to be treated as a request for a screening opinion under regulation 4.

Regulation 6 enables a person proposing to apply for consent for fish farming in marine waters to seek from the relevant authority a scoping opinion, being an opinion as to the information to be provided in the environmental statement.

Regulation 7 provides that any bodies with relevant information in their possession shall make it available to the applicant.

Regulation 8 provides that the environmental statement shall be publicised through press advertisement and made available for public inspection, with the opportunity for representations to be made.

Regulation 9 provides that the relevant authority shall consult the bodies mentioned in Schedule 3 about the environmental statement.

Regulation 10 enables the relevant authority when taking into consideration environmental information, to require further information or the verification of information.

Regulation 11 requires the relevant authority to publicise their decision in cases involving consideration of environmental information.

Regulations 12 and 13 make provision in connection with the application of these Regulations to applications under the Zetland County Council Act 1974 and the Orkney County Council Act 1974 to the Shetland Islands Council and Orkney Islands Council respectively. Regulation 12 provides that no account shall be taken of any period falling between the date of making the application and the date of receipt by the Council of an environmental statement, for calculating the period of time which elapses before the Council is deemed to have refused the application. Regulation 13 makes provision in connection with the functions of the Secretary of State on any appeal to him under the respective 1974 Acts against a decision of the Council concerned.

Regulation 14 provides that a reasonable charge may be made for making available copies of the environmental statement and of any relevant information in the preparation of the statement.

Regulation 15 implements Article 7 of the Directive by providing for consultation between Member States in cases of development likely to have significant effects in another Member State.

Regulation 16 provides for the revocation of the 1988 Regulations, with transitional savings.

Schedule 1 describes the selection criteria in relation to screening opinions of a relevant authority. Schedule 2 sets out the information that is required in an environmental statement. Schedule 3 lists the bodies to be consulted by the relevant authority under the Regulations.