Amendment to regulation 10AU.K.
6. For regulation 10A (further provisions in relation to Article 2(3) of the EIA Directive), substitute—
“Further provisions in relation to Article 2(4) of the EIA Directive
10A.—(1) The Marine Management Organisation may not make a determination under regulation 10(1)(a)(i) unless the Secretary of State has given a direction under paragraph (2).
(2) The Secretary of State may direct that an environmental impact assessment is not required in relation to any regulated activity that is to be carried out in the course of an Annex I project or an Annex II project, if the Secretary of State is satisfied that—
(a)the Marine Management Organisation is the appropriate authority having the function of determining whether an environmental impact assessment is required in relation to the regulated activity;
(b)a direction that an environmental impact assessment is not required for the regulated activity can be justified in accordance with Article 2(4) of the EIA Directive (exemption for exceptional cases); and
(c)the regulated activity would not be likely to have significant effects on the environment of another EEA State.
(3) As soon as practicable after making any such direction, the Secretary of State must send a copy of the direction to—
(a)the Marine Management Organisation;
(b)where the Marine Management Organisation is not also the regulator, the regulator; and
(c)any relevant authority.
(4) The Natural Resources Body for Wales may not make a determination under regulation 10(1)(a)(i) unless the Welsh Ministers have given a direction under paragraph (5).
(5) The Welsh Ministers may direct that an environmental impact assessment is not required in relation to any regulated activity that is to be carried out in the course of an Annex I project or an Annex II project, if the Welsh Ministers are satisfied that—
(a)the Natural Resources Body for Wales is the appropriate authority having the function of determining whether an environmental impact assessment is required in relation to the regulated activity;
(b)a direction that an environmental impact assessment is not required for the regulated activity can be justified in accordance with Article 2(4) of the EIA Directive (exemption for exceptional cases); and
(c)the regulated activity would not be likely to have significant effects on the environment of another EEA State.
(6) As soon as practicable after making any such direction, the Welsh Ministers must send a copy of the direction to—
(a)the Natural Resources Body for Wales;
(b)where the Natural Resources Body for Wales is not also the regulator, the regulator; and
(c)any relevant authority.
(7) The Natural Resources Body for Wales must provide the Welsh Ministers with such information as they require to comply with the obligations referred to in regulation 10(3).”.