The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018

Amendments to the Marine Works (Environmental Impact Assessment) Regulations 2007

2.—(1) The Marine Works (Environmental Impact Assessment) Regulations 2007(1) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1)—

(a) in the definition of “appropriate authority”—

(i) for paragraph (b)(iii) substitute—

“(iii) as regards harbour works relating to harbours that are wholly in Wales, other than harbours that are reserved trust ports, the Welsh Ministers;”; and

(ii) for the words after paragraph (b)(iv) substitute—

“and—

(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(2);”;

(b) omit the definition of “fishery harbour”;

(c) in the definition of “relevant authority”—

(i) in paragraph (d), for “Wales” substitute “the Welsh inshore region or the Welsh offshore region (or both)”;

(ii) after paragraph (d) insert—

“(da) where the regulated activity is likely to have a significant effect on the environment of the Welsh offshore region and the appropriate authority is not the Secretary of State, the Secretary of State;”; and

(iii) after paragraph (f) insert—

“and for the purposes of paragraphs (d) and (da), “Welsh inshore region” and “Welsh offshore region” have the meanings given by section 322(1) of the 2009 Act;”; and

(d) in the definition of “relevant offshore region”—

(i) in paragraph (a), at the end insert “or”; and

(ii) omit paragraph (b).

(3) In regulation 3 (fees)—

(a) in paragraphs (4)(a) and (d), omit “with the consent of the Treasury”; and

(b) in paragraph (4)(b), for the words from “, with the consent of” to the end substitute “with the consent of the Secretary of State;”.

(1)

S.I. 2007/1518, amended by S.I. 2009/2258, 2011/735, 2015/446, 2017/588 and by SSI 2017/115; there are other amending instruments but none is relevant.

(2)

2017 c. 4; section 32 comes into force on 1st April 2018.