EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Marine Works (Environmental Impact Assessment) Regulations 20076 (“the principal Regulations”).

Regulation 3(a) amends the definition of the “appropriate authority” to include the Natural Resources Body for Wales (“the NRW”).

The amendment made by regulation 4 provides for the Welsh Ministers to set reasonable fees in respect of expenses incurred in both the Welsh Ministers’ and the NRW’s capacity as an appropriate authority.

Regulation 6 replaces regulation 10A of the principal Regulations, which as amended sets out the procedure enabling the NRW (as well as the Marine Management Organisation) to determine that an environmental impact assessment is not required under regulation 10(1)(a)(i) of those Regulations.

Regulations 3(b), 5, 6 and 7 update references to reflect Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment (OJ No. L 26; 28.1.2012, p.1), as adopted7. This Directive codifies amendments made to, and repeals, Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 5.7.1985, p.40).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. The Explanatory Memorandum is available at www.legislation.gov.uk.