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The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020

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Secretary of State decision on whether to agree to the grant of consent

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14.—(1) When making a decision as to whether to agree to the grant of consent for a project that is subject to an environmental impact assessment, the Secretary of State must reach a conclusion on the significant effects of the project on the environment.

(2) The conclusion must take into account—

(a)the environmental statement;

(b)any information obtained by or provided to the Secretary of State under regulation 12(3);

(c)any representations received pursuant to regulation 11, and regulations 12 and 13 where relevant, which relate to the environmental effects of the project;

(d)any conditions that the Secretary of State may attach to the agreement to the grant of consent pursuant to regulation 4(4).

(3) A decision by the Secretary of State to agree to the grant of consent must set out—

(a)the Secretary of State’s conclusion on any significant effects of the project on the environment, including an explanation of how the points listed in paragraph (2) have been taken into account;

(b)any conditions that the Secretary of State attaches to the agreement to the grant of consent pursuant to regulation 4(4);

(c)a description of any features of the project or measures envisaged to avoid, prevent, reduce or offset any significant adverse effects on the environment.

(4) A decision by the Secretary of State to refuse to agree to the grant of consent must set out the main reasons for that refusal.

(5) The Secretary of State must notify the developer of the Secretary of State’s decision to agree to or refuse to agree to the grant of consent.

(6) The Secretary of State’s decision on whether or not to agree to the grant of consent must be made within a reasonable time from the date on which the Secretary of State has been provided with the information and representations referred to in paragraph (2), taking into account the nature and complexity of the project.

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