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The Marine Works (Environmental Impact Assessment) Regulations 2007

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  1. Introductory Text

  2. PART 1 INTRODUCTION

    1. 1.Title and commencement

    2. 1A.Extent

    3. 2.Interpretation

    4. 2A.Proposed activity which would otherwise be a regulated activity

    5. 3.Fees

  3. PART 2 REGULATED ACTIVITY IN RELATION TO WHICH AN ENVIRONMENTAL IMPACT ASSESSMENT IS (OR MAY BE) REQUIRED

    1. 4.Environmental impact assessment

    2. 5.Requirement of assessment by agreement

    3. 6.Requirement of assessment by determination

    4. 7.Determination: Schedule A1 projects

    5. 8.Determination: Schedule A2 projects

    6. 9.Projects serving national defence purposes

    7. 9A.Projects in response to a civil emergency

    8. 10.Exceptions

    9. 10A.Further provisions in relation to Article 2(4) of the EIA Directive

    10. 11.Screening opinions

  4. PART 3 ENVIRONMENTAL IMPACT ASSESSMENTS

    1. 12.Application for a regulatory approval in relation to a regulated activity

    2. 13.Scoping opinions

    3. 14.Provision of further information

    4. 15.Availability of information held by regulator

    5. 15A.Co-ordination

    6. 16.Publicity

    7. 17.Consultation on proposed regulated activity

    8. 18.Provision of information to affected EEA States

    9. 19.Provision of information to other EEA States

    10. 20.Consultation of EEA States

    11. 20A.Projects in an EEA State likely to have significant transboundary effects

    12. 21.Consideration of representations from the public

    13. 21A.Conclusion about environmental impact

    14. 22.The EIA consent decision

    15. 23.Notification and publication of EIA consent decisions

    16. 24.Effect of EIA consent decision on application and regulatory decision

    17. 24ZA.Notification and publication of regulatory decisions

    18. 24A.Fees in relation to the assessment etc. of the results of monitoring measures

  5. PART 4 OFFENCES

    1. 25.Provision of false etc information

    2. 26.Offences committed by bodies corporate

    3. 27.Offences committed by Scottish partnerships

  6. PART 5 MISCELLANEOUS

    1. 28.Access to review procedure before a court

    2. 29.Revocation

    3. 30.Transitional and saving provisions

    4. 31.Review

  7. Signature

    1. SCHEDULE A1

      Descriptions of projects that are Schedule A1 Projects

      1. 1.Crude‑oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and...

      2. 2.Thermal power stations and other combustion installations with a heat...

      3. 3.Nuclear power stations and other nuclear reactors including the dismantling...

      4. 4.Installations for the reprocessing of irradiated nuclear fuel.

      5. 5.Installations designed— (a) for the production or enrichment of nuclear...

      6. 6.Integrated works for the initial smelting of cast‑iron and steel....

      7. 7.Installations for the production of non‑ferrous crude metals from ore,...

      8. 8.Installations for the extraction of asbestos and for the processing...

      9. 9.Integrated chemical installations, that is to say, installations for the...

      10. 10.Construction of lines for long‑distance railway traffic and of airports...

      11. 11.Construction of motorways and express roads.

      12. 12.Construction of a new road of four or more lanes,...

      13. 13.Inland waterways and ports for inland‑waterway traffic which permit the...

      14. 14.Trading ports, piers for loading and unloading connected to land...

      15. 15.Waste disposal installations for the incineration, chemical treatment (as defined...

      16. 16.Waste disposal installations for the incineration or chemical treatment (as...

      17. 17.Groundwater abstraction or artificial groundwater recharge schemes where the annual...

      18. 18.Works for the transfer of water resources, other than piped...

      19. 19.In all other cases, works for the transfer of water...

      20. 20.Waste water treatment plants with a capacity exceeding 150,000 population...

      21. 21.Extraction of petroleum and natural gas for commercial purposes where...

      22. 22.Dams and other installations designed for the holding back or...

      23. 23.Pipelines with a diameter of more than 800 millimetres and...

      24. 24.Installations for the intensive rearing of poultry or pigs with...

      25. 25.Industrial plants for— (a) the production of pulp from timber...

      26. 26.Quarries and open‑cast mining where the surface of the site...

      27. 27.Construction of overhead electrical power lines with a voltage of...

      28. 28.Installations for storage of petroleum, petrochemical or chemical products with...

      29. 29.Storage sites pursuant to Chapter 3 of Part 1 of...

      30. 30.Installations for the capture of carbon dioxide streams for the...

      31. 31.Any change to or extension of project specified in this...

      32. 32.In this Schedule— “airport” means an airport which complies with...

    2. SCHEDULE A2

      Descriptions of projects that are Schedule A2 projects

      1. 1.Agriculture, silviculture and aquaculture

      2. 2.Projects for the use of uncultivated land or semi-natural areas...

      3. 3.Water management projects for agriculture, including irrigation and land drainage...

      4. 4.Initial afforestation and deforestation for the purposes of conversion to...

      5. 5.Intensive livestock installations (unless included in Schedule A1).

      6. 6.Intensive fish farming.

      7. 7.Reclamation of land from the sea.

      8. 8.Extractive industry

      9. 9.Underground mining.

      10. 10.Extraction of minerals by fluvial or marine dredging;

      11. 11.Deep drillings, in particular— (a) geothermal drilling;

      12. 12.Surface industrial installations for the extraction of coal, petroleum, natural...

      13. 13.Energy

      14. 14.Industrial installations for carrying gas, steam and hot water and...

      15. 15.Surface storage of natural gas.

      16. 16.Underground storage of combustible gases.

      17. 17.Surface storage of fossil fuels.

      18. 18.Industrial briquetting of coal and lignite.

      19. 19.Installations for the processing and storage of radioactive waste (unless...

      20. 20.Installations for hydroelectric energy production.

      21. 21.Installations for the harnessing of wind power for energy production...

      22. 22.Installations for the capture of carbon dioxide streams for the...

      23. 23.Production and processing of metals

      24. 24.Installations for the processing of ferrous metals—

      25. 25.Ferrous metal foundries.

      26. 26.Installations for the smelting, including the alloyage, of non-ferrous metals,...

      27. 27.Installations for surface treatment of metals and plastic materials using...

      28. 28.Manufacture and assembly of motor vehicles and manufacture of motor...

      29. 29.Shipyards.

      30. 30.Installations for the construction and repair of aircraft.

      31. 31.Manufacture of railway equipment.

      32. 32.Swaging by explosives.

      33. 33.Installations for the roasting and sintering of metallic ores.

      34. 34.Mineral industry

      35. 35.Installations for the manufacture of cement.

      36. 36.Installations for the production of asbestos and the manufacture of...

      37. 37.Installations for the manufacture of glass including glass fibre.

      38. 38.Installations for smelting mineral substances including the production of mineral...

      39. 39.Manufacture of ceramic products by burning, in particular roofing tiles,...

      40. 40.Chemical industry (unless included in Schedule A1)

      41. 41.Production of pesticides and pharmaceutical products, paint and varnishes, elastomers...

      42. 42.Storage facilities for petroleum, petrochemical and chemical products.

      43. 43.Food industry

      44. 44.Packing and canning of animal vegetable products.

      45. 45.Manufacture of dairy products.

      46. 46.Brewing and malting.

      47. 47.Confectionery and syrup manufacture.

      48. 48.Installations for the slaughter of animals.

      49. 49.Industrial starch manufacturing installations.

      50. 50.Fish-meal and fish-oil factories.

      51. 51.Sugar factories.

      52. 52.Textile, leather, wood and paper industries

      53. 53.Plants for the pre-treatment (operations such as washing, bleaching, mercerisation)...

      54. 54.Plants for the tanning of hides and skins.

      55. 55.Cellulose-processing and production installations.

      56. 56.Rubber industry

      57. 57.Infrastructure projects

      58. 58.Urban development projects, including the construction of shopping centres and...

      59. 59.Construction of intermodal transhipment facilities and of intermodal terminals (unless...

      60. 60.Construction of railways (unless included in Schedule A1).

      61. 61.Construction of airfields (unless included in Schedule A1).

      62. 62.Construction of roads (unless included in Schedule A1).

      63. 63.Construction of harbours and port installations including fishing harbours (unless...

      64. 64.Inland-waterway construction not included in Schedule A1, canalisation and flood-relief...

      65. 65.Dams and other installations designed to hold water or store...

      66. 66.Tramways, elevated and underground railways, suspended lines or similar lines...

      67. 67.Oil and gas pipeline installations and pipelines for the transport...

      68. 68.Installations of long-distance aqueducts.

      69. 69.Coastal work to combat erosion and maritime works capable of...

      70. 70.Groundwater abstraction and artificial groundwater recharge schemes not included in...

      71. 71.Works for the transfer of water resources between river basins...

      72. 72.Motorway service areas.

      73. 73.Other projects

      74. 74.Installations for the disposal of waste (unless included in Schedule...

      75. 75.Waste-water treatment plants (unless included in Schedule A1).

      76. 76.Sludge-deposition sites.

      77. 77.Storage of scrap iron, including scrap vehicles.

      78. 78.Test benches for engines, turbines or reactors.

      79. 79.Installations for the manufacture of artificial mineral fibres.

      80. 80.Installations for the recovery or destruction of explosive substances.

      81. 81.Knackers’ yards.

      82. 82.Tourism and leisure

      83. 83.Marinas.

      84. 84.Holiday villages and hotel complexes outside urban areas and associated...

      85. 85.Theme parks.

      86. 86.Permanent camp sites and caravan sites.

      87. 87.Golf courses and associated developments.

      88. 88.Changes and extensions

      89. 89.Any change to or extension of development of a description...

      90. 90.Development of a description mentioned in Schedule A1 undertaken exclusively...

    3. SCHEDULE 1

      Matters relevant to consideration of whether or not a Schedule A2 project is likely to have significant effects on the environment

      1. 1.Characteristics of the project

      2. 2.Location of the project

      3. 3.Types and characteristics of the potential impact

    4. SCHEDULE 2

      SCREENING OPINIONS

      1. 1.Request for a screening opinion

      2. 2.Payment of a fee for a screening opinion

      3. 3.Procedure for reaching a screening opinion

      4. 4.Consultation

      5. 4A.Giving a screening opinion

      6. 5.Notification of a screening opinion

      7. 6.Availability of screening opinions for inspection

    5. SCHEDULE 3

      Information to be included in an environmental statement

      1. 1.A description of the project and of the regulated activity,...

      2. 2.A description of the reasonable alternatives (for example in terms...

      3. 3.A description of the relevant aspects of the current state...

      4. 4.A description of the factors specified in regulation 21A(2)(a) to...

      5. 5.A description of the likely significant effects of the project...

      6. 6.The description of the likely significant effects on the factors...

      7. 7.A description of the forecasting methods or evidence used to...

      8. 8.A description of the measures envisaged to avoid, prevent, reduce...

      9. 9.A description of the expected significant adverse effects of the...

      10. 10.A non-technical summary of the information provided under paragraphs 1...

      11. 11.A reference list detailing the sources used for the descriptions...

    6. SCHEDULE 4

      SCOPING OPINIONS

      1. 1.Request for a scoping opinion

      2. 2.Information required where another application has been made

      3. 3.Payment of a fee for a scoping opinion

      4. 4.Procedure for reaching a scoping opinion

      5. 5.Matters to be considered in reaching a scoping opinion

      6. 6.Consultation

      7. 7.Notification of a scoping opinion

      8. 8.Availability of scoping opinions for inspection

    7. SCHEDULE 5

      CONSIDERATION OF REPRESENTATIONS FROM THE PUBLIC

      1. 1.(1) In relation to each representation made pursuant to the...

      2. 2.(1) If the appropriate authority concludes in accordance with paragraph...

      3. 3.(1) If the appropriate authority concludes in accordance with paragraph...

      4. 4.(1) If either— (a) the appropriate authority concludes in accordance...

      5. 5.(1) If the appropriate authority instigates a local inquiry in...

      6. 6.(1) Subsections (2) to (5) of section 250 (power to...

      7. 7.(1) If the appropriate authority appoints a person to report...

  9. Explanatory Note

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