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The Marine Works (Environmental Impact Assessment) Regulations 2007

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10.—(1) An appropriate authority may determine that an environmental impact assessment is not required in relation to regulated activity that is to be carried out in the course of an Annex I project or an Annex II project, if it is satisfied—

(a)that—

(i)a determination that an environmental impact assessment is not required for the regulated activity can be justified in accordance with Article 2(3) of the EIA Directive (exemption for exceptional cases); and

(ii)the regulated activity would not be likely to have significant effects on the environment of another EEA State; or

(b)that—

(i)assessment of any effects on the environment of the project in question has already been, is being or is to be carried out by another consenting authority; and

(ii)such assessment is (or will be) sufficient to meet the requirements of the EIA Directive in relation to that project.

(2) Where the appropriate authority determines in accordance with paragraph (1) that an environmental impact assessment is not required in relation to a regulated activity, it shall notify—

(a)the applicant, and

(b)where the appropriate authority is not also the regulator, the regulator.

(3) Where the appropriate authority determines in accordance with paragraph (1)(a) that an environmental impact assessment is not required in relation to a regulated activity, the applicant must provide the appropriate authority with such information as it requires to comply with the obligations imposed on member States by Article 2(3) of the EIA Directive, namely—

(a)the obligation to take the following steps prior to the granting of a regulatory approval in relation to the regulated activity—

(i)informing the Commission of the reasons that the appropriate authority considers justify its determination; and

(ii)providing the Commission with information relating to the regulated activity and the proposed regulatory approval for the regulated activity; and

(b)the obligation to ensure that information relating to the regulated activity and the reasons for its determination are—

(i)published in such manner as it considers appropriate; and

(ii)in the case of a deposit, made available on the Public Register.

(4) Where the appropriate authority determines in accordance with paragraph (1)(b) that an environmental impact assessment is not required in relation to a regulated activity—

(a)the regulator must defer reaching its regulatory decision until the other consenting authority informs the regulator that a decision to grant a regulatory approval would be compatible with that authority’s measures to comply with the EIA Directive; and

(b)any decision to grant a regulatory approval must take into account any comments of the other consenting authority relating to the regulated activity.

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