Statutory Instruments 1999 No. 367
The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999
- continued

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Orkney and Shetland: appeals against decision on works licence
     13.  - (1) This regulation applies where an appeal is made to the Secretary of State under section 13 of the Zetland County Council Act 1974, or section 13 of the Orkney County Council Act 1974, against a decision which relates to an application for a development to which the prohibition in regulation 3 applies.

    (2) The Secretary of State shall not dispose of any such appeal by confirming a decision of the Council concerned to grant the licence unless he has taken into consideration the environmental information in respect of the proposed development and states in his decision that he has done so.

    (3) For the purposes of any such appeal, regulation 10 shall apply with the following modifications-

    (4) The Secretary of State shall intimate his decision on the appeal to the Council and to the appellant.

    (5) Regulation 11 shall apply to the Council in relation to the decision of the Secretary of State on any such appeal as it applies to a decision by them on an application to which the prohibition in regulation 3 applies.

Charges
    
14.  - (1) A reasonable charge reflecting the costs of printing, copying and distribution may be made to the public for copies of an environmental statement made available to them under regulation 8 and for copies in excess of one copy for each authority, body or person consulted under regulation 9.

    (2) An authority, body or person entering into consultation under regulation 9, having been requested to do so, may make a reasonable charge reflecting the costs of making available information which they had in their possession.

Development in Great Britain likely to have significant effects in another Member State
    
15.  - (1) Where-

the Secretary of State shall-

    (2) The particulars referred to in paragraph (1)(i) are-

    (3) Where a Member State indicates, in accordance with paragraph (1)(iii), that it wishes to participate in the procedure for which these Regulations provide, the Secretary of State shall as soon as possible send to that Member State the following information-

but only to the extent that such information has not been provided to the Member State earlier in accordance with paragraph (1)(i).

    (4) The Secretary of State in so far as he is concerned, shall also-

    (5) The Secretary of State shall in accordance with Article 7(4) of the Directive-

    (6) Where a Member State has been consulted in accordance with paragraph (4), on the determination of the application concerned the Secretary of State shall inform the Member State of the decision and shall forward to it a statement of-

Revocation and transitional savings
    
16.  - (1) Subject to paragraph (2), the Environmental Assessment (Salmon Farming in Marine Waters) Regulations 1988[20] are hereby revoked.

    (2) The Regulations referred to in paragraph (1) shall continue to apply to applications to which those Regulations applied immediately before the coming into force of these Regulations.


Donald C Dewar
One of Her Majesty's Principal Secretaries of State

St Andrew's House, Edinburgh
15th February 1999



SCHEDULE 1
Regulations 2 and 4


SELECTION CRITERIA FOR SCREENING OPINIONS


Characteristics of developments
     1. The characteristics of developments must be considered having regard, in particular, to:

    (a) the size of the development;

    (b) the cumulation with other developments;

    (c) the use of natural resources;

    (d) the production of waste;

    (e) pollution and nuisances; and

    (f) the risk of accidents, having regard in particular to substances or technologies used.

Location of developments
     2. The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to:

Characteristics of the potential impact
     3. The potential significant effects of developments must be considered in relation to criteria set out under paragraphs 1 and 2, and having regard in particular to:

    (a) the extent of the impact (geographical area and size of the affected population);

    (b) the transfrontier nature of the impact;

    (c) the magnitude and complexity of the impact;

    (d) the probability of the impact; and

    (e) the duration, frequency and reversibility of the impact.



SCHEDULE 2
Regulations 2 and 10


MATTERS FOR INCLUSION IN ENVIRONMENTAL STATEMENT




PART I

     1. Description of the development, including in particular:

    (a) a description of the physical characteristics of the whole development and the land-use requirements during the construction and operational phases;

    (b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

    (c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project.

     2. An outline of the main alternatives studied by the developer and an indication of the main reasons for this choice, taking into account the environmental effects.

     3. A description of the aspects of the environment likely to be significantly affected by the proposed development, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

     4. A description of the likely significant effects of the proposed development on the environment resulting from:

    (a) the existence of the development;

    (b) the use of natural resources;

    (c) the emission of pollutants, the creation of nuisances and the elimination of waste; and

    (d) the description by the developer of the forecasting methods used to assess the effects on the environment.

     5. A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

     6. A non-technical summary of the information provided under paragraphs 1 to 5.

     7. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information.



PART II

     8. A description of the development comprising information on the site, design and size of the development.

     9. A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

     10. The data required to identify and assess the main effects which the development is likely to have on the environment.

     11. An outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects.

     12. A non-technical summary of the information provided under paragraphs 8 to 11.



SCHEDULE 3
Regulations 4, 6 and 9


BODIES TO BE CONSULTED


     1. Any planning authority whose area adjoins the area of marine waters where the proposed development is to be situated.

     2.

    (a) The Secretary of State for Scotland, Scottish Natural Heritage and the Scottish Environment Protection Agency, where the proposed development is to be situated in an area of marine waters adjoining Scotland;

    (b) the Secretary of State for the Environment, Transport and the Regions, the Countryside Commission, the Nature Conservancy Council for England and the Environment Agency, where the proposed development is to be situated in an area of marine waters adjoining England;

    (c) the Secretary of State for Wales, the Countryside Council for Wales and the Environment Agency, where the proposed development is to be situated in an area of marine waters adjoining Wales.

     3. Where the proposed development is to be situated in the marine waters landward of a line drawn between Burrow Head and St Bees Head-

    (a) both the Environment Agency and the Scottish Environment Protection Agency; and

    (b) both the Secretary of State for Scotland and the Secretary of State for the Environment, Transport and the Regions and both Scottish Natural Heritage and the Nature Conservancy Council for England.

     4. Any district salmon fishery board within whose area the proposed development is to be situated.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations implement for Great Britain Council Directive 85/337/EEC (O.J. No.L175, 5.7.1985, p.40), as amended by Council Directive 97/11/EC (O.J. No.L73, 14.3.1997, p.5) ("the Directive") on the assessment of the environmental effects of certain projects in respect of fish farming in marine waters.

The Regulations repeal, and re-enact with amendments, the Environmental Assessment (Salmon Farming in Marine Waters) Regulations 1988 (S.I. 1988/1218) ("the 1988 Regulations").

The Regulations apply to applications as regards fish farming in marine waters, made on or after 14th March 1999, where any part of the proposed development is in a sensitive area, or the proposed development is designed to hold a biomass of 100 tonnes or greater, or will extend to 0.1 hectare or more of the surface area. The Regulations provide that decisions on whether consideration of environmental information in respect of such applications for fish farming in marine waters is required shall be taken by the "relevant authority", being generally the Crown Estate Commissioners; except where the application is for a works licence in respect of a fish farm in marine waters within the coastal area for the purposes of the Zetland County Council Act 1974 in which case the decision shall be taken by Shetland Islands Council, and where the application relates to the harbour area for the purposes of the Orkney County Council Act 1974 in which case the decision shall be taken by Orkney Islands Council.

Regulation 3 provides that the relevant authority shall not grant consent for fish farming in marine waters where the project is likely to have significant effects on the environment, without taking into consideration environmental information in respect of the proposed project.

Regulation 4 provides procedures for allowing a person proposing to apply for such consent to seek a screening opinion from the relevant authority, being an opinion as to whether an environmental assessment is required in relation to the proposed application.

Regulation 5 provides for an application for consent for fish farming in marine waters, without an environmental statement, to be treated as a request for a screening opinion under regulation 4.

Regulation 6 enables a person proposing to apply for consent for fish farming in marine waters to seek from the relevant authority a scoping opinion, being an opinion as to the information to be provided in the environmental statement.

Regulation 7 provides that any bodies with relevant information in their possession shall make it available to the applicant.

Regulation 8 provides that the environmental statement shall be publicised through press advertisement and made available for public inspection, with the opportunity for representations to be made.

Regulation 9 provides that the relevant authority shall consult the bodies mentioned in Schedule 3 about the environmental statement.

Regulation 10 enables the relevant authority when taking into consideration environmental information, to require further information or the verification of information.

Regulation 11 requires the relevant authority to publicise their decision in cases involving consideration of environmental information.

Regulations 12 and 13 make provision in connection with the application of these Regulations to applications under the Zetland County Council Act 1974 and the Orkney County Council Act 1974 to the Shetland Islands Council and Orkney Islands Council respectively. Regulation 12 provides that no account shall be taken of any period falling between the date of making the application and the date of receipt by the Council of an environmental statement, for calculating the period of time which elapses before the Council is deemed to have refused the application. Regulation 13 makes provision in connection with the functions of the Secretary of State on any appeal to him under the respective 1974 Acts against a decision of the Council concerned.

Regulation 14 provides that a reasonable charge may be made for making available copies of the environmental statement and of any relevant information in the preparation of the statement.

Regulation 15 implements Article 7 of the Directive by providing for consultation between Member States in cases of development likely to have significant effects in another Member State.

Regulation 16 provides for the revocation of the 1988 Regulations, with transitional savings.

Schedule 1 describes the selection criteria in relation to screening opinions of a relevant authority. Schedule 2 sets out the information that is required in an environmental statement. Schedule 3 lists the bodies to be consulted by the relevant authority under the Regulations.


Notes:

[20] S.I. 1988/1218.back

[21] O.J. No. L103, 25.4.1979, p.1.back

[22] O.J. No. L206, 22.7.1992, p.7.back



ISBN 0 11 055963 0


 
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