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

Year2007

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 designated1for the purposes of section 2(2) of the European Communities Act 19722in 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 19733.

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

1 INTRODUCTORY

PART 1

INTRODUCTORY

S-1 Citation, commencement and application

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.

S-2 Interpretation

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 Environment4;

(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 19925; and

(ii) extraction authorised by an order under section 1 (harbours orders) of the Harbours Act (Northern Ireland) 19706;

(b) dredging in any waters within the jurisdiction of a harbour authority, as defined by section 57 of the Harbours Act 19647; or

(c) extraction to which any of the following Regulations apply—

(i) the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 19998;

(ii) the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 19999;

(iii) the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 199910,

(iv) the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 199911;

(v) the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Impacts) Regulations 199912;

(vi) the Pipe-line Works (Environmental Impact Assessment) Regulations 200013; and

where the context so requires, includes proposed dredging;

“the EIA Directive” means Directive 85/337/EEC14on the assessment of the effects of certain public and private projects on the environment;

“environmental statement” has the meaning given by regulation 7(1);

“European site” means any of the following located in the United Kingdom or in marine waters—

(a) a special area of conservation;

(b) a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive;

(c) an area classified as a special protection area under Article 4(1) or (2) of the Wild Birds Directive;

(d) a site which has been proposed by the Secretary of State, the Department of the Environment, Scottish Ministers or the National Assembly for Wales as a site eligible for designation as a special area of conservation for the purposes of meeting the United Kingdom’s obligations under Article 4(1) of the Habitats Directive, until such time as—

(i) it is included in the list of sites of Community importance referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive, or

(ii) agreement is reached under Article 4(2) of that Directive not to include the site in that list;

“habitats project” means any project for carrying out dredging in marine waters which is not directly connected with, or necessary to, the management of a European site and which is likely to have a significant effect (either alone or in combination with other plans or projects) on a European site;

“the Habitats Directive” means Council Directive 92/43/EEC15on the conservation of natural habitats and of wild fauna and flora;

“the holder”, in respect of a permission granted under these Regulations, means any person to whom the permission has been transferred, whilst the permission is vested in that person;

“marine waters” means—

(a) tidal waters and parts of the sea adjacent to the United Kingdom from the mean high water springs up to the seaward limits of territorial waters; and

(b) waters in any area for the time being designated under section 1(7) of the Continental Shelf Act 196416(designation of areas of continental shelf),

but does not include any waters in the Scottish zone, or any waters in Wales;

“Northern Ireland” has the meaning given by section 98(1) of the Northern Ireland Act 199817;

“notice” means notice in writing, and “notify” and cognate expressions shall be construed accordingly;

“owner”—

(a) in relation to minerals situated in British waters in which there is a Crown interest or a Duchy interest (as defined in section 293 (preliminary definitions) of the Town and Country Planning Act 199018) that is—

(i) an estate in fee simple, or

(ii) an interest that is, in the opinion of the regulator, equivalent to such an estate,

means the appropriate authority as defined in that section;

(b) in relation to minerals situated in Northern Ireland in which there is a Crown estate (as defined in article 118(1) of the Planning (Northern Ireland) Order 199119) that is—

(i) an estate in fee simple, or

(ii) an interest that is, in the opinion of the regulator, equivalent to such an estate,

means the appropriate authority as defined in that article;

(c) in relation to minerals in which there is no such Crown interest, Duchy interest or Crown estate, means the person in whom the minerals are vested in fee simple or who, in the opinion of the regulator, has an interest in the minerals equivalent to an estate in fee simple;

“prospective applicant” means a person who intends to make an application under regulation 10 or under regulation 18;

“regulator”—

(a) as regards dredging in British waters, means the Secretary of State;

(b) as regards dredging in Northern Ireland, means the Department of the Environment;

“relevant project” means any project for carrying out dredging in marine waters which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

“Scotland” and “the Scottish zone” have the meanings given by section 126 of the Scotland Act 199820;

“the selection criteria” means the criteria set out in Schedule 2 to these Regulations;

“Wales” has the meaning given by section 155 of the Government of Wales Act 199821; and

“the Wild Birds Directive” means Council Directive 79/409/EEC22on the conservation of wild birds.

(2) Expressions used in these Regulations and in the EIA Directive or in the Habitats Directive have the same meaning for the purposes of these Regulations as in those Directives.

(3) Where these Regulations refer to—

(a)

(a) an application or request which may be made by any person; or

(b)

(b) an approval, decision, determination or opinion to be issued by the Secretary of State or by the regulator;

any such application or request shall be made and any such approval, decision, determination or opinion shall be issued in writing.

S-3 Application to the Crown

Application to the Crown

3.—(1) Subject to paragraph (2), these Regulations bind the Crown.

(2) No contravention by the Crown of any provision of these Regulations constituting a criminal...

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