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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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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Provision for the protection of European sites: new dredging projects

This section has no associated Explanatory Memorandum

2.—(1) This paragraph applies in relation to every project in respect of which the regulator has determined under regulation 6, regulation 13(1) or regulation 18(3) that it would constitute a habitats project.

(2) A person applying under regulation 10, or under regulation 18, shall provide such information as the regulator may reasonably require for the purposes of the assessment under regulation 13(3) or that regulation as applied by regulation 19(3).

(3) For the purposes of the assessment, the regulator shall take appropriate scientific advice.

(4) The regulator may also take appropriate steps to obtain the opinion of the public for the purposes of the assessment.

(5) In the light of the conclusion of the assessment, and subject to sub-paragraphs (7) and (8) below, the regulator shall grant permission for the project only after having ascertained that it will not, either alone or in combination with other plans or projects, adversely affect the integrity of the European site.

(6) In considering whether a project will adversely affect the integrity of the site, the regulator shall have regard to—

(a)the manner in which it is proposed to be carried out; and

(b)any conditions or restrictions subject to which it is proposed that the permission should be granted.

(7) Where the regulator considers that any adverse effects of the project on the integrity of a European site would be avoided if the permission were subject to conditions, permission shall only granted subject to those conditions.

(8) If the regulator is satisfied that, there being no alternative solutions, the project must be carried out for imperative reasons of overriding public interest (which, subject to sub-paragraph (9), may be of a social or economic nature), permission may be granted for the project notwithstanding a negative assessment of the implications for the site.

(9) Where the site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in sub-paragraph (8) must be either—

(a)reasons relating to human health, public safety or beneficial consequences of primary importance to the environment; or

(b)other reasons of overriding public interest, provided the regulator has had due regard to the opinion of the European Commission in concluding that there are such reasons.

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