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(This note is not part of the Regulations)
These Regulations amend the Marine Works (Environmental Impact Assessment) Regulations 2007(1) (“the principal Regulations”).
Regulation 3(a) amends the definition of the “appropriate authority” to include the Natural Resources Body for Wales (“the NRW”).
The amendment made by regulation 4 provides for the Welsh Ministers to set reasonable fees in respect of expenses incurred in both the Welsh Ministers’ and the NRW’s capacity as an appropriate authority.
Regulation 6 replaces regulation 10A of the principal Regulations, which as amended sets out the procedure enabling the NRW (as well as the Marine Management Organisation) to determine that an environmental impact assessment is not required under regulation 10(1)(a)(i) of those Regulations.
Regulations 3(b), 5, 6 and 7 update references to reflect Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment (OJ No. L 26; 28.1.2012, p.1), as adopted(2). This Directive codifies amendments made to, and repeals, Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 5.7.1985, p.40).
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. The Explanatory Memorandum is available at www.legislation.gov.uk.
S.I. 2007/1518; relevant amendments were made by S.I. 2011/735.
This Directive is amended by Directive 2014/52/EU of the European Parliament and of the Council of 16th April 2014 (OJ No. L124, 25.4.2014, p.1), which is required to be transposed by 16th May 2017, but (pending such transposition, and by virtue of the exclusion of section 20A of the Interpretation Act 1978 (c.30)), the definition of “the EIA Directive” is to be construed without reference to the amending Directive.
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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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