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Statutory Instruments

2007 No. 2610 (W.221)

ENVIRONMENTAL PROTECTION, WALES

The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007

Made

6 September 2007

Laid before the National Assembly for Wales

7 September 2007

Coming into force

28 September 2007

ARRANGEMENT OF REGULATIONS

Go to Preamble

  1. PART 1

    INTRODUCTORY

    1. 1. Title, commencement and application

    2. 2. Interpretation

    3. 3. Application to the Crown

  2. PART 2

    RESTRICTIONS ON DREDGING

    1. 4. Restrictions on dredging

    2. 5. Partial application of the regulations in particular cases

  3. PART 3

    PRELIMINARY MATTERS

    1. 6. Preliminary determinations of the Welsh Ministers

    2. 7. Opinion of the Welsh Ministers as to the content of the environmental statement

    3. 8. Provision of information to facilitate preparation of environmental statement

    4. 9. Fees for preliminary matters

  4. PART 4

    PERMISSIONS FOR DREDGING

    1. 10. Applications for permission

    2. 11. Further information

    3. 12. Publicity and consultation

    4. 13. Decisions on applications

    5. 14. Offences relating to applications and permissions

    6. 15. Projects likely to have significant effects on the environment in another EEA state

  5. PART 5

    TRANSFER AND VARIATION OF PERMISSIONS

    1. 16. Transfer of permission

    2. 17. Variation of permission

    3. 18. Variation of permission on application: preliminary determinations and fees

    4. 19. Variation of permission on application: relevant projects and habitats projects

    5. 20. Variation of permission on application: other cases

    6. 21. Revocation, suspension or variation of permission otherwise than on application

    7. 22. Consequences of revocation, suspension or variation

    8. 23. Offences relating to transfers and variations

  6. PART 6

    NATURAL HABITATS

    1. 24. Protection of natural habitats

  7. PART 7

    GENERAL

    1. 25. Fees

    2. 26. Register

    3. 27. Penalties

    4. 28. Territorial Waters Jurisdiction Act 1878

    5. 29. Local inquiries

    6. 30. Electronic communications

    7. 31. Transitional provisions

    8. 32. Amendments of Regulations, and savings

    1. SCHEDULE 1

      ENVIRONMENTAL STATEMENTS

      1. PART 1

        MINIMUM REQUIREMENTS

      2. PART 2

        ADDITIONAL REQUIREMENTS

    2. SCHEDULE 2

      SELECTION CRITERIA

      1. 1. Characteristics of projects

      2. 2. Location of projects

      3. 3. Characteristics of the potential impact

    3. SCHEDULE 3

      NATURAL HABITATS

      1. 1. Definitions

      2. 2. Provision for the protection of European sites: new dredging projects

      3. 3. Provision for the protection of European sites: review of existing permissions

      4. 4. Provision for the protection of European sites: review of existing agreements

      5. 5. Procedure on review

      6. 6. Effect of Welsh Ministers' decision on review

      7. 7. Compensatory measures

Go to Explanatory Note

The Welsh Ministers are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in so far as they concern the extraction of minerals by marine dredging in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment and in relation to measures relating to the conservation of natural habitats and of wild fauna and flora.

The Welsh Ministers make these Regulations in exercise of the powers vested in them by section 2(2) of the European Communities Act 1972 and by section 56(1) of the Finance Act 1973(3).

The Treasury has consented to the making of these Regulations as required by section 56(1) of the Finance Act 1973.

(1)

S.I. 2000/2812 and S.I. 2002/248 both as amended by the European Communities (Designation) (Amendment) Order 2006 (S.I. 2006/3329). By virtue of sections 59(1) and 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions conferred on the National Assembly for Wales by these designations are exercisable by the Welsh Ministers. Back [1]

(2)

1972 c. 68. The enabling powers of section 2(2) of this Act were extended by virtue of the amendment of section 1(2) by section 2(5) of the European Economic Area Act 1993 (c. 51). Council Directive 85/337/EEC applies to the EEA by virtue of Article 74 of, and paragraph 1 of Part I of Annex XX to, the Agreement on the European Economic Area (Cm 2073). Council Directive 97/11/EC was extended to the EEA by Decision No. 20/1999 of the EEA Joint Committee of 26th February 1999, OJ No. L148, 22.06.00, p.45. Back [2]

(3)

1973 c. 51, to which there are amendments which are not relevant to these Regulations. See section 59(5) of the Government of Wales Act 2006. Back [3]

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