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

Provision for the protection of European sites: review of existing agreements

This section has no associated Executive Note

4.—(1) As soon as reasonably practicable after the coming into force of these Regulations, the Scottish Ministers shall serve on the parties to each agreement to which sub paragraph (2) applies, a notice specifying a date for the purposes of sub paragraph (5).

(2) This sub paragraph applies to any written agreement–

(a)entered into by an owner before the coming into force of these Regulations; and

(b)which the Scottish Ministers consider relates to dredging which constitutes a habitats project.

(3) As soon as reasonably practicable after a site becomes a European site, the Scottish Ministers shall serve on the parties to each agreement to which sub paragraph (4) applies, a notice specifying a date for the purposes of sub paragraph (5).

(4) This sub paragraph applies to any agreement–

(a)entered into by an owner before the coming into force of these Regulations; and

(b)which the Scottish Ministers consider relates to dredging which constitutes a habitats project as a result of the designation of the European site.

(5) On and after the date specified in a notice under sub paragraph (1) or sub paragraph (3), the agreement shall have effect for all purposes as a permission granted as a result of an application under regulation 9 and which it is the Scottish Ministers duty to review under paragraph 3.