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

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Preliminary determinations of the regulator

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6.—(1) A person who proposes to carry out dredging may request the regulator’s preliminary determination as to—

(a)whether or not the dredging would constitute a relevant project; and

(b)whether or not the dredging would constitute a habitats project..

(2) Before making a preliminary determination in response to a request under paragraph (1), the regulator shall consult—

(a)the owner (if the owner is not the person requesting the determination); and

(b)the appropriate consultation bodies.

(3) The regulator may ask the person making the request under paragraph (1) to supply such further information within such specified period and in such form as may reasonably be required.

(4) If the person making the request under paragraph (1) fails to supply the information requested within the specified period, or such further period as the regulator may allow, the request shall be deemed to be withdrawn.

(5) In making a preliminary determination in response to an application under paragraph (1)(a) the regulator shall take into account such of the selection criteria as are relevant in the particular case.

(6) As soon as reasonably practicable after making a preliminary determination, the regulator shall—

(a)send a copy of it to the person making the request under paragraph (1) and to any persons consulted under paragraph (2); and

(b)take such steps as the regulator considers appropriate to ensure that it is made available to the public concerned(1).

(1)

For “the public concerned”, see Article 1 of the EIA Directive.

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