The Marine Works (Environmental Impact Assessment) Regulations 2007

Publicity U.K.

16.— [F1 (1) The appropriate authority must, as soon as reasonably possible, publicise the application and the environmental statement in respect of the project to which it relates or, as the case may be, any further information provided by the applicant pursuant to a notification under regulation 14, by—

(a) publishing a notice containing the information set out in paragraph (2) on the appropriate authority’s website; and

(b) publishing, or directing the applicant to publish, the notice—

(i) in two successive weeks, in such newspapers or other publications as the authority thinks fit; or

(ii) in such other manner (if any) as the authority considers appropriate.]

(2) The information referred to in paragraph (1)(a)(i) is—

(a) the applicant’s name and address;

(b) a statement that an application for a licence or consent for a regulated activity has been made and that the environmental statement has been prepared or, as the case may be, that the further information has been furnished to the appropriate authority;

(c) a statement of the nature, size and location of the project;

[F2 (d) the fact that the project is subject to an environmental impact assessment and, where relevant, that regulation 18 applies;]

[F3 (da) details of the appropriate authority responsible for making the EIA consent decision and, where the appropriate authority is not the regulator, details of the regulator;

(db) the nature of possible decisions, including any decision to grant regulatory approval;]

[F4 (e) the address of an office of the appropriate authority, or other place nominated by the appropriate authority, at which the documents listed in paragraph (2A) may be inspected free of charge at all reasonable hours within 42 days beginning with the date of first publication of the notice under paragraph (1)(b)(i);]

[F5 (f) the contact details of the appropriate authority for obtaining copies of the documents listed in paragraph (2A) and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying), of the charge;]

(g) a statement that any person wishing to make representations regarding the application and environmental statement or, as the case may be, the further information should make them in writing to the appropriate authority at an address specified by the appropriate authority, within 42 days beginning [F6 with the date of first publication of the notice under paragraph (1)(b)(i); and]

[F7 (h) details of the arrangements for public participation in accordance with Schedule 5.]

[F8 (2A) The appropriate authority must take steps to secure that the following documents relating to the application are made available for public inspection at all reasonable hours at the address referred to in paragraph (2)(e)—

(a) any screening opinion given in accordance with regulation 11 and Schedule 2;

(b) any scoping opinion given in accordance with regulation 13 and Schedule 4 (including any written statement of reasons);

(c) the environmental statement and any further information provided by the applicant pursuant to a notification under regulation 14; and

(d) in accordance with national legislation, the main reports or advice issued to the appropriate authority at the time when the public concerned is first notified under paragraph (1).

(2B) The appropriate authority must ensure that the documents listed in paragraph (2A) are electronically accessible to the public, through at least an appropriate central portal or easily accessible points of access.

(2C) The applicant must ensure that a reasonable number of copies of the environmental statement and any further information provided by the applicant pursuant to a notification under regulation 14 are available at the address notified under paragraph (2)(e).]

(3) The applicant must comply with any reasonable direction made in accordance with paragraph (1)(b) and neither the regulator nor the appropriate authority need deal further with, or exercise any functions under these Regulations in relation to, the application, and the regulator must not reach its regulatory decision, unless or until this has been done.

(4) Where the applicant has failed to comply with a direction made in accordance with paragraph (1)(b) within such reasonable period as the appropriate authority has specified, or such longer period as the appropriate authority may reasonably allow—

(a) the regulator may treat the application as having been withdrawn, and

(b) the appropriate authority (if the regulator is not also the appropriate authority) may direct the regulator to do so.

(5) Neither the regulator nor the appropriate authority need deal further with, or exercise any functions under these Regulations in relation to, the application, and the regulator must not reach its regulatory decision, until the period for representations has expired.

Textual Amendments

F1 Reg. 16(1) substituted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 15(2) (with reg. 34)

F2 Reg. 16(2)(d) substituted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 15(3)(a) (with reg. 34)

F3 Reg. 16(2)(da)(db) inserted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 15(3)(b) (with reg. 34)

F4 Reg. 16(2)(e) substituted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 15(3)(c) (with reg. 34)

F5 Reg. 16(2)(f) substituted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 15(3)(d) (with reg. 34)

F6 Words in reg. 16(2)(g) substituted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 15(3)(e) (with reg. 34)

F7 Reg. 16(2)(h) inserted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 15(3)(f) (with reg. 34)

F8 Reg. 16(2A)-(2C) inserted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 15(4) (with reg. 34)