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- Point in Time (27/03/2015)
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Version Superseded: 16/05/2017
Point in time view as at 27/03/2015. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Marine Works (Environmental Impact Assessment) Regulations 2007, Section 10.
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10.—(1) An appropriate authority may determine that an environmental impact assessment is not required in relation to regulated activity that is to be carried out in the course of an Annex I project or an Annex II project, if it is satisfied—
(a)that—
(i)a determination that an environmental impact assessment is not required for the regulated activity can be justified in accordance with [F1Article 2(4)] of the EIA Directive (exemption for exceptional cases); and
(ii)the regulated activity would not be likely to have significant effects on the environment of another EEA State; or
(b)that—
(i)assessment of any effects on the environment of the project in question has already been, is being or is to be carried out by [F2the appropriate authority or by] another consenting authority; and
(ii)such assessment is (or will be) sufficient to meet the requirements of the EIA Directive in relation to that project.
(2) Where the appropriate authority determines in accordance with paragraph (1) that an environmental impact assessment is not required in relation to a regulated activity, it shall notify—
(a)the applicant, and
(b)where the appropriate authority is not also the regulator, the regulator.
(3) Where the appropriate authority determines in accordance with paragraph (1)(a) that an environmental impact assessment is not required in relation to a regulated activity, the applicant must provide the appropriate authority with such information as it requires to comply with the obligations imposed on member States by [F3Article 2(4)] of the EIA Directive, namely—
(a)the obligation to take the following steps prior to the granting of a regulatory approval in relation to the regulated activity—
(i)informing the Commission of the reasons that the appropriate authority considers justify its determination; and
(ii)providing the Commission with information relating to the regulated activity and the proposed regulatory approval for the regulated activity; and
(b)the obligation to ensure that information relating to the regulated activity and the reasons for its determination are—
(i)published in such manner as it considers appropriate; and
[F4(ii)in the case of an activity requiring regulatory approval under the 1985 Act, the 2009 Act or the 2010 Act, made available on the relevant Public Register.]
[F5(4) Where the appropriate authority determines in accordance with paragraph (1)(b) that an environmental impact assessment is not required in relation to a regulated activity—
(a)the regulator—
(i)must not grant regulatory approval unless it has determined that to do so would be compatible with the other consenting authority’s measures to comply with the EIA Directive; and
(ii)for the purpose of so determining must consider whether it is appropriate to seek the views of the other consenting authority; and
(b)any decision to grant a regulatory approval must take into account any comments of the other consenting authority relating to the regulated activity.]
[F6(5) Paragraph (1) is subject to regulation 10A.]
Textual Amendments
F1Words in reg. 10(3) substituted (27.3.2015) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2015 (S.I. 2015/446), regs. 1, 5(b)
F2Words in reg. 10(1)(b)(i) inserted (6.4.2011) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2011 (S.I. 2011/735), regs. 1, 6(a)
F3Words in reg. 10(1)(a)(i) substituted (27.3.2015) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2015 (S.I. 2015/446), regs. 1, 5(a)
F4Reg. 10(3)(b)(ii) substituted (6.4.2011) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2011 (S.I. 2011/735), regs. 1, 6(b)
F5Reg. 10(4) substituted (6.4.2011) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2011 (S.I. 2011/735), regs. 1, 6(c)
F6Reg. 10(5) added (6.4.2011) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2011 (S.I. 2011/735), regs. 1, 6(d)
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