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

Variation of permission on application: relevant projects and habitats projects

19.—(1) Where the regulator determines under regulation 18(3)(a) that a variation would constitute a relevant project—

(a) the regulator 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 10, as if references to deciding an application under paragraph (1) of that regulation and cognate expressions were references to deciding an application under regulation 18—

(i) regulations 7 and 8;

(ii) paragraphs (4), (5) and (6) of regulation 10;

(iii) regulations 11 and 12;

(iv) with the exception of paragraph (6)(b), regulation 13;

(v) regulations 14 and 15;

(vi) regulation 23;

(vii) regulations 25 to 27;

(viii) regulation 29; and

(ix) regulation 30.

(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within the specified period, or such further period as the regulator may allow, the application shall be deemed to be withdrawn at the end of such period and the fee shall be refunded, provided that no advertisement under regulation 12(1), as applied by paragraph (1)(b), has been published at the date of withdrawal.

(3) Where the regulator determines under regulation 18(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 10, as if references to deciding an application under paragraph (1) of that regulation and cognate expressions were references to deciding an application under regulation 18—

(a) regulations 13 and 14;

(b) regulations 23 to30.