21Screening and procedure(1)

The Marine Works (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1518) are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

in paragraph (1), after the definition of “appropriate authority” insert—

“area beyond national jurisdiction” has the meaning given by Article 1(2) of the Biodiversity Beyond National Jurisdiction Agreement;

“BBNJ activity” means a regulated activity—

(a)

that engages the United Kingdom’s obligations under Part 4 of the Biodiversity Beyond National Jurisdiction Agreement (environmental impact assessments) in respect of an activity in an area beyond national jurisdiction, and

(b)

for which a marine licence, or a variation of a marine licence, under Part 4 of the 2009 Act is required;

“the Biodiversity Beyond National Jurisdiction Agreement” means the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, opened for signature at New York on 20 September 2023;

;

(b)

in paragraph (1), in the definition of “regulated activity”, at the end insert “(see also paragraph (1ZA))”;

(c)

after paragraph (1) insert—(1ZA)

Where the requirement for a marine licence, or variation of a marine licence, under Part 4 of the 2009 Act for an activity in an area beyond national jurisdiction depends on the application of these Regulations (including the doing or not doing of anything under these Regulations), these Regulations have effect as if such a licence or variation were required unless and until the application of these Regulations produces a different result.

(3)

In regulation 6 (requirement for environmental impact assessment by determination), for “or 8” substitute “, 8 or 8A”.

(4)

After regulation 8 insert—Determination: areas beyond national jurisdiction8A.(1)

The appropriate authority must determine that an environmental impact assessment is required in relation to a BBNJ activity if the authority concludes that there are reasonable grounds for believing that the activity may cause—

(a)

substantial pollution of, or

(b)

significant and harmful changes to,

the marine environment.

(2)

In considering whether or not there are such reasonable grounds, the appropriate authority must have regard to—

(a)

the criteria set out in Schedule 1, and

(b)

any other matter necessary to give effect to Article 30(1)(b) of the Biodiversity Beyond National Jurisdiction Agreement.

(3)

Terms used in paragraph (1)(a) and (b) have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)(b)).

(4)

This regulation is subject to regulations 9 and 9A.

(5)

In regulation 10 (exceptions)—

(a)

after paragraph (1) insert—(1A)

An appropriate authority may determine that an environmental impact assessment is not required under regulation 8A in relation to a BBNJ activity if it is satisfied that another person has carried out, is carrying out or will carry out an equivalent assessment in relation to the activity.

(1B)

For the purposes of paragraph (1A), an assessment is an equivalent assessment if it is sufficient to meet the requirements of Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.

;

(b)

in paragraph (2), after “(1)” insert “or (1A)”;

(c)

in paragraph (3A)—

(i)

after “(1)(b)” insert “or (1A)”;

(ii)

at the end insert “or person”;

(d)

in paragraph (4), at the beginning insert “In a case to which paragraph (1) applies,”;

(e)

after paragraph (4) insert—(4ZA)

In a case to which paragraph (1A) applies, the regulator must not grant regulatory approval unless it has determined that to do so would be compatible with the United Kingdom’s obligations under Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.

;

(f)

in paragraph (4A)—

(i)

in the words before sub-paragraph (a), after “(1)(b)” insert “or, as the case may be, the other person’s assessment referred to in paragraph (1A)”;

(ii)

in sub-paragraph (b), after “authority” insert “or person”;

(iii)

in sub-paragraph (d), after “authority” insert “or person”;

(iv)

in sub-paragraph (e), after “authority” insert “or person”;

(g)

in paragraph (4B), after “authority’s”, in both places, insert “or person’s”;

(h)

in paragraph (4C)(b), after “authority’s decision” insert “or person’s assessment”;

(i)

in paragraph (4E)(a), after “authority’s” insert “or person’s”;

(j)

in paragraph (4F)(c), after “authority” insert “or person”;

(k)

in paragraph (4F)(d), after “authority” insert “or person”.

(6)

In regulation 11 (screening opinions)—

(a)

in paragraph (3), for “or 8” insert “, 8 or 8A”;

(b)

after paragraph (3) insert—(3A)

The regulator must decide that a BBNJ activity may be an activity in relation to which an environmental impact assessment is required under regulation 8A if the regulator considers that—

(a)

the activity may have more than a minor or transitory effect on the marine environment, or

(b)

the effects of the activity are unknown or poorly understood.

(3B)

Where the regulator decides that paragraph (3A) does not apply in respect of a BBNJ activity, the regulator must give the applicant a notice stating that the activity does not require an environmental impact assessment.

(3C)

Terms used in paragraph (3A)(a) and (b) have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)).

(7)

In regulation 21A (conclusion about environmental impact), in paragraph (1)—

(a)

omit the “and” at the end of sub-paragraph (e);

(b)

at the end of sub-paragraph “(f)” insert “; and(g)

in relation to a regulated activity for which an environmental impact assessment is required under regulation 8A, any other matter necessary to give effect to Article 31(1)(b) and (c) of the Biodiversity Beyond National Jurisdiction Agreement.

(8)

In Schedule 2 (screening opinions), in paragraph 4A (giving a screening opinion)—

(a)

the existing words become sub-paragraph (1);

(b)

after that sub-paragraph insert—(2)

A screening opinion given in relation to a BBNJ activity must include provision stating—

(a)

whether or not the regulator considers that an environmental impact assessment is required under regulation 8A in relation to the activity, and

(b)

in a case where the regulator considers that an environmental impact assessment is not required under regulation 8A in relation to the activity, whether the regulator considers that—

(i)

the activity may have more than a minor or transitory effect on the marine environment, or

(ii)

the effects of the activity are unknown or poorly understood.

(3)

Terms used in sub-paragraph (2)(b)(i) or (ii) have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)).

(9)

In Schedule 3 (information to be included in an environmental statement)—

(a)

after paragraph 9 insert—9A

In relation to a BBNJ activity, any other information that is necessary to enable the appropriate authority to give effect to Article 31(1)(c) of the Biodiversity Beyond National Jurisdiction Agreement.

;

(b)

in paragraph 10, for “9” substitute “9A”.