Regulation 101 Environmental permits

The assessment provisions apply in relation to the granting of an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016 M1.

Where in such a case the competent authority considers that any adverse effects of the plan or project on the integrity of a European site F1, a Ramsar site or a European offshore marine site would be avoided if the permit were subject to conditions, it may grant a permit, or cause a permit to be granted, subject to those conditions.

The review provisions apply to a permit described in paragraph (1).

Where, on the review of such a permit, the competent authority considers that any adverse effects on the integrity of a European site F2, a Ramsar site or a European offshore marine site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the permit, it may vary it, or cause it to be varied, accordingly.

Where any question arises as to agreeing to a plan or project, or affirming a permit on review, under regulation 64 (considerations of overriding public interest), the competent authority must refer the matter to the appropriate authority which must determine the matter in accordance with that regulation and give directions to the competent authority accordingly.