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Statutory Instruments

2007 No. 1067

environmental protection

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

Made

28th March 2007

Laid before Parliament

4th April 2007

Coming into force

1st May 2007

Contents

Go to Preamble

  1. PART 1

    INTRODUCTORY

    1. 1. Citation, 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 regulator

    2. 7. Opinion of the regulator 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

    3. SCHEDULE 3

      NATURAL HABITATS

Go to Explanatory Note

The Secretary of State has been designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) 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 Secretary of State accordingly makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and section 56 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. 1988/785, S.I. 1992/2870. The National Assembly for Wales has been designated for the purposes of section 2(2) 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 by the European Communities (Designation) (No 3) Order 2000 (S.I. 2000/2812), amended by the European Communities (Designation) (Amendment) Order 2006 (S.I. 2006/3329) and, in relation to measures relating to the conservation of natural habitats and of wild fauna and flora, by the European Communities (Designation) Order 2002 (S.I. 2002/248), amended by the European Communities (Designation) (Amendment) Order 2006 (S.I. 2006/3329). The functions of the Secretary of State under section 2(2), were, so far as exercisable in relation to marine dredging in Scotland and the Scottish zone, transferred to Scottish Ministers by the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), article 7. 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. Section 2(2) was modified in relation to its application to Scotland by paragraph 15 of Schedule 8 to the Scotland Act 1998 (c. 46). Back [2]

(3)

1973 c. 51, to which there are amendments which are not relevant to these Regulations. Back [3]

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