COMMENTED by
The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007  (Note)

EXTENDED by
The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007  (Memo)

The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007 

Statutory Instruments

2007 No. 1067

environmental protection

The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007

Made

28th March 2007

Laid before Parliament

4th April 2007

Coming into force

1st May 2007

The Secretary of State has been designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment and in relation to measures relating to the conservation of natural habitats and of wild fauna and flora.

The Secretary of State accordingly makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and section 56 of the Finance Act 1973(3).

The Treasury has consented to the making of these Regulations as required by section 56(1) of the Finance Act 1973.

PART 1

INTRODUCTORY

Citation, commencement and application

1.—(1) These Regulations may be cited as the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007, and shall come into force on 1st May 2007.

(2) Subject to paragraph (3), these Regulations apply in relation to marine waters as defined in regulation 2.

(3) Regulations 32(1) and (2) apply to England and regulations 32(3) and (4) apply to Northern Ireland.

Interpretation

2.—(1) In these Regulations—

“the appropriate consultation bodies” means—

(a)

in relation to any dredging in the territorial sea adjacent to England, Natural England;

(b)

in relation to any dredging in marine waters in any other location in British waters, the Joint Nature Conservation Committee;

(c)

in relation to any dredging in Northern Ireland which would be likely to have significant effects on the environment in England, or which is likely to have a significant effect on a European site in England, the Secretary of State;

(d)

in relation to any dredging in England which would be likely to have significant effects on the environment in Northern Ireland, or which is likely to have a significant effect on a European site in Northern Ireland, the Department of the Environment(4);

(e)

in relation to any dredging which would be likely to have significant effects on the environment in Scotland or in the Scottish zone, or which is likely to have a significant effect on a European site in Scotland or the Scottish zone, Scottish Ministers;

(f)

in relation to any dredging which would be likely to have significant effects on the environment in Wales, or which is likely to have a significant effect on a European site in Wales, the National Assembly for Wales;

(g)

such other bodies as the regulator considers, by reason of their specific environmental responsibilities, to have an interest in a relevant project;

“British waters” means any marine waters that are not within Northern Ireland;

“by public advertisement”, in relation to a notice, means—

(a)

by publication of the notice in such national publication and in such local newspaper as the regulator considers appropriate; and

(b)

where the regulator maintains a website for the purpose of advertising of applications, by publication of the notice on the website;

“commencement” means the date on which these Regulations come into force;

“dredging” means the extraction of minerals by dredging in marine waters, but does not include—

(a)

such extraction where specifically authorised to be carried out by any enactment (including any enactment contained in a local Act or subordinate legislation) and in particular does not include—

(i)

extraction authorised by an order under section 3 (orders as to inland waterways etc.) of the Transport and Works Act 1992(5); and

(ii)

extraction authorised by an order under section 1 (harbours orders) of the Harbours Act (Northern Ireland) 1970(6);

(b)

dredging in any waters within the jurisdiction of a harbour authority, as defined by section 57 of the Harbours Act 1964(7); or

(c)

extraction to which any of the following Regulations apply—

(i)

the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999(8);

(ii)

the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999(9);

(iii)

the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999...

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