The Conservation of Habitats and Species Regulations 2017 No. 1012

PART 6 U.K. Assessment of plans and projects

CHAPTER 7 U.K. Environmental Controls

Derogations in relation to nitrate pollution prevention legislation E+W

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

(a) Part 8 of the Nitrate Pollution Prevention Regulations 2015 M1 ; or

(b) Part 3A of the Nitrate Pollution Prevention (Wales) Regulations 2013 M2 .

(2) Where the assessment provisions apply, the competent authority may, if it considers 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 derogation were subject to conditions, grant the derogation, subject to those conditions.

Marginal Citations

M1 S.I. 2015/668. Part 8 was amended by S.I. 2016/1190.

M2 S.I. 2013/2506 (W. 245), Part 3A was inserted by S.I. 2015/2020 (W. 308).