The Conservation of Habitats and Species Regulations 2010

CHAPTER 7 ENVIRONMENTAL CONTROLS

Environmental permits

98.—(1) The assessment provisions apply in relation to the granting of an environmental permit under the Environmental Permitting (England and Wales) Regulations [F1 2010].

(2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site or a European offshore marine site would be avoided if the permit were subject to conditions, they may grant a permit, or cause a permit to be granted, subject to those conditions.

(3) The review provisions apply to a permit described in paragraph (1).

(4) Where on the review of such a permit the competent authority consider that any adverse effects on the integrity of a European site or a 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 permit, they may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to agreeing to a plan or project, or affirming a permit on review, under regulation 62 (considerations of overriding public interest), the competent authority must refer the matter to the appropriate authority which must determine the matter in accordance with that regulation and give directions to the competent authority accordingly.

Textual Amendments

F1 Word in reg. 98(1) substituted (6.4.2012) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/630), regs. 1(b), 22

Abstraction and works authorised under water legislation

99.—(1) The assessment provisions apply in relation to the granting of an authorisation by virtue of—

(a) the granting of a licence under Chapter 2 of Part 2 of the WRA M1 (abstraction and impounding);

(b) the making of an order under section 27A M2 of the WRA (variation of small quantity threshold);

(c) the making of regulations under section 33A M3 of the WRA (power to provide for further exemptions), where those regulations relate to—

(i) a prescribed geographical area,

(ii) a prescribed source of supply (in the case of an exemption from the restriction on abstraction or the other restrictions imposed by section 24 M4 of the WRA (restrictions on abstraction)), or

(iii) prescribed inland waters (in the case of an exemption from the restriction on impounding works);

(d) any consent given under paragraph (2);

(e) the making of an order under section 73 M5 of the WRA (power to make ordinary and emergency drought orders) which has the effect of authorising—

(i) an abstraction or additional abstraction, or

(ii) a discharge or additional discharge;

(f) the granting of a permit under section 79A M6 of that Act (drought permits);

(g) any consent given under section 166 of the WIA M7 (consents for certain discharges under section 165) or section 164 M8 of the WRA (consents for certain discharges under section 163); or

(h) the making of an order under section 167 M9 of the WIA (compulsory works orders) or section 168 M10 of the WRA (compulsory works orders).

(2) An exemption conferred by regulations under section 33A of the WRA, other than regulations referred to in paragraph (1)(c), does not apply in relation to any particular abstraction or impounding works unless the Environment Agency [F2 in relation to England or the Natural Resources Body for Wales in relation to Wales] has given consent in writing to the abstraction or impounding works being carried out.

(3) Where, in relation to any plan or project authorised by any means referred to in sub-paragraphs (a) to (h) of paragraph (1), the competent authority consider that any adverse effects of the plan or project on the integrity of a European site or a European offshore marine site would be avoided if the authorisation were subject to conditions, they may grant the authorisation, or cause it to be granted, subject to those conditions.

(4) Where, by virtue of paragraph (1)(g), the assessment provisions apply in relation to the granting of an authorisation by virtue of a consent under section 166 of the WIA or section 164 of the WRA, the section in question has effect as if in each case—

(a) in subsection (3), the words “and, subject to that subsection, where an application for any consent is required to be determined within the period specified in paragraph (a) above and is not so determined, the consent applied for shall be deemed to have been given unconditionally.” were omitted; and

(b) in paragraph (a) of that subsection, for the words “the period of seven days” there were substituted the words “ the period of fourteen days ”.

(5) The review provisions apply to any authorisation mentioned in paragraph (1)(a), (b), (c), (d) or (h).

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

(7) In this regulation—

(a) “the WIA” means the Water Industry Act 1991 M11 ; and

(b) “the WRA” means the Water Resources Act 1991 M12 .

Textual Amendments

F2 Words in reg. 99(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 371 (with Sch. 7)

Marginal Citations

M1 1991 c. 57.

M2 Section 27A was inserted by the Water Act 2003 (c. 37), section 6(1).

M3 Section 33A was inserted by the Water Act 2003 (c. 37), section 9.

M4 Section 24 was amended by S.I. 1996/593, Schedule 2; by the Environment Act 1995 (c. 25), paragraph 128 of Schedule 22; and by the Water Act 2003 (c. 37), section 60(1).

M5 Section 73 was amended by the Environment Act 1995 (c. 25), paragraphs 128 and 139 of Schedule 22.

M6 Section 79A was inserted by the Environment Act 1995 (c. 25), paragraph 140 of Schedule 22, and amended by the Water Act 2003 (c. 37), section 64(3) and Part 3 of Schedule 9.

M7 1991 c. 56; section 166 was amended by the Environment Act 1995 (c. 25), paragraph 118 of Schedule 22.

M8 Section 164 was amended by the Environment Act 1995 (c. 25), paragraph 128 of Schedule 22.

M9 Section 167 was amended by the Planning Act 2008 (c. 29), paragraph 50 of Schedule 2.

M10 Section 168 was amended by the Environment Act 1995 (c. 25), paragraph 128 of Schedule 22.

M11 1991 c. 56.

M12 1991 c. 57.

Marine works

100.—(1) The assessment provisions apply in relation to the granting of a licence, consent or other approval for marine works.

(2) Where the assessment provisions 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 a 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) The review provisions apply to any licence, consent or other approval for marine works.

(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 a 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.

[F3 (5) In this regulation, “marine works” means—

(a) any activity or proposed activity requiring —

(i) a marine licence under Part 4 of the Marine Act;

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

(iii) an authorisation under the Aquatic Animal Health (England and Wales) Regulations 2009; or

(iv) an approval or consent for harbour works under legislation falling within paragraph (6); or

(b) harbour works authorised by, and carried out in accordance with, any legislation falling within paragraph (6).

(6) The legislation referred to in paragraph (5)(a)(iv) and (b) is—

(a) a local Act;

(b) such an Act read together with a notice given and published under section 9 of the Harbours Transfer Act 1862 (power to Admiralty to retain authority over ports, etc. where dockyards, etc. are situate); or

(c) an order made under section 14 (powers, on application of harbour authorities, or others, to make orders for securing harbour efficiency etc.) or 16 (powers, on application of intending undertakers, or others, to make orders conferring powers for improvement, construction, etc., of harbours) of the Harbours Act 1964.

(7) In paragraph (5)(a)(iv) and (b), “harbour works” means—

(a) works involved in the construction of a harbour;

(b) works involving the making of modifications to an existing harbour;

(c) any dredging operation undertaken by or on behalf of a harbour authority within the meaning of the Harbours Act 1964; and

(d) works involving the deposit of spoil from any such dredging operation.]

Textual Amendments

F3 Reg. 100(5)-(7) substituted for reg. 100(5)(6) (6.4.2011) by The Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625), regs. 1(1), 8

Derogations in relation to nitrate pollution prevention legislation

101.—(1) The assessment provisions apply in relation to the granting of a derogation—

(a) under Part 3A of the Nitrate Pollution Prevention Regulations 2008 M13 ; or

(b) under Part 3A of the Nitrate Pollution Prevention (Wales) Regulations [F4 2013].

(2) Where the assessment provisions apply, the competent authority may, if they consider any adverse effects of the plan or project on the integrity of a European site or a European offshore marine site would be avoided if the derogation were subject to conditions, grant the derogation, subject to those conditions.

Textual Amendments

F4 Word in reg. 101(1)(b) substituted (8.1.2016) by The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2015 (S.I. 2015/2020), regs. 1, 7

Marginal Citations

M13 S.I. 2008/2349; Part 3A was inserted by S.I. 2009/3160.