The Marine Works (Environmental Impact Assessment) Regulations 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/1518 |
- “the 1985 Act” means the Food and Environment Protection Act 1985;
- F5“the 2009 Act” means the Marine and Coastal Access Act 2009;
- “the 2010 Act” means the Marine (Scotland) Act 2010; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “applicant” means—
- (a) an applicant (or prospective applicant) for the issue of a regulatory approval; or
- (b) any person giving notice to a regulator for the purpose of obtaining a regulatory approval;
- “application” includes the giving of notice to a regulator for the purpose of obtaining a regulatory approval;
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F6“appropriate authority” means—
- (a) where the regulator is the Secretary of State, the Marine Management Organisation F36, the Natural Resources Body for Wales or a devolved authority, the regulator;
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(b) where the regulator is any other person—
- (i) as regards any regulated activity in Northern Ireland, the Department of F58Agriculture, Environment and Rural Affairs in Northern Ireland;
- (ii) F59as regards any regulated activity in the Scottish offshore region, the Scottish Ministers;
- (iii) F138as regards harbour works relating to harbours that are wholly in Wales, other than harbours that are reserved trust ports, the Welsh Ministers;
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(iv) in any other case, the Secretary of State;F139and—
- (a) for the purpose of paragraph (a) , “devolved authority” means any Northern Ireland Department, the Scottish Ministers or the Welsh Ministers; and
- (b) for the purpose of paragraph (b) (iii) , “reserved trust port” has the meaning given by section 32 of the Wales Act 2017;
- F60“consenting authority”, in relation to a project, means any authority whose consent to any activity to be undertaken in the course of the project is required under any enactment;
- “the consultation bodies” means—
- (a) the local planning authority;
- (b) such of the nature conservation bodies as the appropriate authority considers likely to have an interest in the activity by reason of their responsibilities;
- (c) any relevant authority;
- (d) any consenting authority; and
- (e) such other bodies as the appropriate authority considers likely to have an interest in the regulated activity (whether by virtue of their having specific environmental responsibilities F61or local or regional competences under an enactment or otherwise) ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - “EIA consent” means consent for a regulated activity given by an appropriate authority in accordance with these Regulations and on the basis of an assessment of F62the significant effects of the project on the environment;
- “EIA consent decision” means a decision whether to give EIA consent and (where the decision is to give such consent) as to the terms on which to do so;
- F37“the EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13th December 2011 on the assessment of the effects of certain public and private projects on the environment, as F63amended by Directive 2014/52/EU of the European Parliament and of the Council;
- F7“England” includes any part of the territorial sea that is not part of Scotland, Wales or Northern Ireland;
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F64“environmental impact assessment” means a process consisting of—
- (a) the preparation of an environmental statement in accordance with regulation 12 and Schedule 3;
- (b) the carrying out of consultations in accordance with regulation 17 and, where relevant, regulations 20 and 20A;
- (c) the consideration of the environmental statement and other information in accordance with regulation 21A(1) ;
- (d) the conclusion in respect of the likely significant effects of the project in accordance with regulation 21A(2) ; and
- (e) the consideration of that conclusion in reaching the EIA consent decision, in accordance with regulation 22(1) (b) ;
- F151“EU environmental assessment” means an assessment of the effect of anything on the environment carried out under retained EU law other than any law of any part of the United Kingdom that implemented the EIA Directive;
- “environmental statement” means a statement complying with regulation 12(2) ;
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“excluded information” means—
- (a) in the case of information to which the Environmental Information Regulations 2004 or the Environmental Information (Scotland) Regulations 2004 apply, any information that the regulator would be entitled to withhold in response to a request made in accordance with those Regulations; and
- (b) in any other case, any information which is exempt information for the purposes of the Freedom of Information Act 2000 or the Freedom of Information (Scotland) Act 2002;
... - F65“the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;
- “harbour” has the meaning assigned to it in section 57(1) of the Harbours Act 1964;
- F8“harbour authority” has the same meaning as in section 57(1) of the Harbours Act 1964
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F9“harbour works” means—
- (a) works involved in the...
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