Article 17 Environmental requirements

The works shall not be commenced until the Scottish Ministers have, following consultation in accordance with paragraphs (2) to (5), approved in writing the CEMP for the works subject to any amendments or further conditions or restrictions which Ministers may require.

The Scottish Ministers shall consult the following bodies, in so far as each has an interest in the subject matter and the terms of the proposed form of the CEMP or the proposed amendment to the CEMP, before approving the CEMP or any amendment thereto—

The consultation responses of those bodies shall be without prejudice to the respective rights and powers of the consultees under general legislation.

The period for responses to consultation for the purposes of paragraph (2) of this article shall be determined by the Scottish Ministers taking into account the extent to which they consider that they require advice on appropriate and necessary mitigation for construction or operational procedures, and the Scottish Ministers shall not approve the CEMP until such period has elapsed as they shall consider reasonable for consideration of, and comment upon, the terms of or amendment to the proposed CEMP.

The Scottish Ministers shall, prior to determining whether or not to approve (and if so on what terms) a proposed CEMP or proposed amendment to the CEMP, afford the Company an opportunity to comment on any response received from a body consulted by the Scottish Ministers pursuant to paragraph (2).

For the purpose of ensuring compliance with the obligations set out in Schedule 2 and the terms of the CEMP, the following statutory bodies will have the power to approve on behalf of the Scottish Ministers those matters delegated to each of them and upon which an application is submitted by or on behalf of the Company to them for approval under Schedule 2 or the CEMP—

The Company shall, after receipt of intimation to the Company of the approval by the Scottish Ministers of the CEMP or any amendment of the same, send each of the bodies referred to in paragraph (2) a copy of the CEMP (or as the case may be, the amended CEMP) as so approved.

The Company shall ensure that—

in accordance with the approved CEMP (or any amendment to it).

Nothing in this article shall exempt the Company from fulfilling the requirements imposed on the Company by any rule of law or which arises from any commitment which is binding on the Company.

No works authorised by this Order are to commence prior to the granting to the Company of a marine licence under Part 4 of the Marine (Scotland) Act 2010^f1 in respect of the works authorised by article 8(1)(a).