The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017

Amendment of regulation 12

12.—(1) Regulation 12 (application for a regulatory approval in relation to a regulated activity) is amended as follows.

(2) In paragraph (2)—

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

(b) for sub-paragraph (b) substitute—

“(b) include at least—

(i) a description of the project and the regulated activity, comprising information on the site, design, size and other relevant features of the project and the regulated activity;

(ii) a description of the likely significant effects of the project and the regulated activity on the environment;

(iii) a description of the features of the project and the regulated activity or the measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(iv) a description of the reasonable alternatives studied by the applicant which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment;

(v) a non-technical summary of the information referred to in paragraphs (i) to (iv); and

(vi) any additional information specified in Schedule 3 relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected;”;

(c) after sub-paragraph (b), insert—

“(c) where a scoping opinion has been given in accordance with regulation 13 and Schedule 4, be based on the most recent scoping opinion given (so far as the project remains materially the same as the project which was subject to that opinion);

(d) include the information reasonably required for reaching a conclusion about the significant effects of the project on the environment, taking into account current knowledge and methods of assessment;

(e) (with a view to avoiding duplication of assessments), be prepared taking into account the results of any relevant UK environmental assessment which are reasonably available to the applicant;

(f) be prepared by competent persons; and

(g) be accompanied by a statement from the applicant outlining the relevant experience or qualifications of such persons.”.

(3) After paragraph (3), insert—

“(3A) The appropriate authority must ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental statement.”.