The Conservation of Habitats and Species Regulations 2010 No. 490

PART 6 ASSESSMENT OF PLANS AND PROJECTS

CHAPTER 7 ENVIRONMENTAL CONTROLS

Derogations in relation to nitrate pollution prevention legislation

101.—(1) The assessment provisions apply in relation to the granting of a derogation—

(a) under Part 3A of the Nitrate Pollution Prevention Regulations 2008(1); or

(b) under Part 3A of the Nitrate Pollution Prevention (Wales) Regulations 2008(2).

(2) Where the assessment provisions apply, the competent authority may, if they consider any adverse effects of the plan or project on the integrity of a European site or a European offshore marine site would be avoided if the derogation were subject to conditions, grant the derogation, subject to those conditions.

(1)

S.I. 2008/2349; Part 3A was inserted by S.I. 2009/3160.

(2)

S.I. 2008/3143 (W.278); Part 3A was inserted by S.I. 2010/489 (W.55).