PART 2CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES

Plans and projects

Review of existing decisions and consents27.

(1)

Where, before the date on which a site becomes a European offshore marine site, a competent authority has decided to undertake, or has given any consent, permission or other authorisation for, a plan or project to which regulation 25(1) would apply if it were to be considered at that date, the authority must as soon as reasonably practicable after that date review its decision, or as the case may be, consent, permission or other authorisation.

(2)

Where, before the date on which a site becomes a European site or, if later, the commencement of these Regulations, a competent authority has decided to undertake, or has given any consent, permission or other authorisation for, a plan or project to which regulation 25(1) would apply if it were to be considered at that date, the authority must as soon as reasonably practicable after that date review its decision, or as the case may be, consent, permission or other authorisation.

(3)

A competent authority must for the purpose of reviewing a decision, consent, permission or other authorisation under paragraph (1) or (2) make an appropriate assessment of the implications for the site in view of that site’s conservation objectives, and the provisions of regulation 25(2), (3) and (7) apply, with the appropriate modifications, in relation to such a review.

(4)

Where a competent authority reviews a decision, consent, permission or other authorisation under this regulation it must affirm, modify or revoke it.

(5)

Subject to the following provisions of this Part, any review required by this regulation must be carried out under existing statutory procedures where such procedures exist, and if none exists the competent authority must determine the procedure to be followed, having regard to any guidance issued by the Secretary of State.

(6)

Nothing in this regulation—

(a)

requires a review where a site is a European offshore marine site by reason of regulation 15(c);

(b)

requires a review where a site is a European site by reason of regulation 24(1)(c);

(c)

requires a review of a Petroleum Act approval, Petroleum Act authorisation, Petroleum Act consent or Petroleum Act licence;

(d)

requires a review of any project or agreement that falls to be similarly reviewed under the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007; or

(e)

affects anything done in pursuance of the decision, or the consent, permission or other authorisation, before the date mentioned in paragraph (1) or (2) (as the case may be).

(7)

The Secretary of State may not issue guidance under paragraph (5) which relates to a function within devolved competence without the consent of the Scottish Ministers.

(8)

Regulations 72 and 73 of the 1994 Regulations apply in relation to any decision under paragraph (4) revoking or modifying a consent granted under section 36 or 37 of the Electricity Act 198937 as they apply in relation to a decision pursuant to regulation 71 of the 1994 Regulations38 revoking or varying any such consent, but with the following modifications—

(a)

omit—

(i)

in regulations 72(1), 73(1) and 73(3), the words “, or a direction deeming planning permission to be granted”;

(ii)

in regulation 72(1)(a), the words “or, as the case may be, in whose favour the direction was made”;

(iii)

in regulation 72(1)(b), the words “in the case of a consent under section 36 of the Electricity Act 1989,”;

(iv)

regulation 72(2)(a); and

(v)

in regulation 73(2)(a) and (b) and 73(3), the words “or direction”; and

(b)

in their application in relation to a consent to be granted by the Scottish Ministers, for any reference to the Secretary of State substitute a reference to the Scottish Ministers.