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

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Variation of permission on application – relevant projects and habitats projects

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18.—(1) Where the Scottish Ministers determine under regulation 17(3)(a) that a variation would constitute a relevant project–

(a)the Scottish Ministers shall request the applicant to supply an environmental statement within a specified period and shall not decide the variation application until the applicant has supplied one; and

(b)the following provisions of these Regulations shall apply in relation to the variation application as they apply in relation to an application under regulation 9, as if references to deciding an application under paragraph (1) of that regulation and cognate expressions were references to deciding an application under regulation 17–

(i)regulations 7 and 8;

(ii)paragraphs (4), (5) and (6) of regulation 9;

(iii)regulations 10 and 11;

(iv)with the exception of paragraph (6)(b), regulation 12;

(v)regulations 13 and 14;

(vi)regulation 22; and

(vii)regulations 25 to 28.

(2) Where an environmental statement has been requested under paragraph (1)(a) and has not been supplied within the specified period, or such further period as the Scottish Ministers may allow, the application shall be deemed to be withdrawn at the end of such period and the fee shall be refunded, provided that no advertisement under regulation 11(1), as applied by paragraph (1)(b), has been published at the date of withdrawal.

(3) Where the Scottish Ministers determine under regulation 17(3)(b) that a variation would constitute a habitats project, the following provisions of these Regulations shall apply in relation to the variation application as they apply in relation to an application made under regulation 9, as if references to deciding an application under paragraph (1) of that regulation and cognate expressions were references to deciding an application under regulation 17–

(a)regulations 12 and 13; and

(b)regulations 22, 23, 25, 26, 27 and 28.

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