Regulation 6 Amendments to regulation 10

in paragraph (1)(b)(i), after “to be carried out by”, insert “the appropriate authority or by”;

in paragraph (3)(b), for paragraph (ii), substitute—

“(ii)

in the case of an activity requiring regulatory approval under the 1985 Act, the 2009 Act or the 2010 Act, made available on the relevant Public Register.”;

for paragraph (4), substitute—

“(4)

Where the appropriate authority determines in accordance with paragraph (1)(b) that an environmental impact assessment is not required in relation to a regulated activity—

(a)

the regulator—

(i)

must not grant regulatory approval unless it has determined that to do so would be compatible with the other consenting authority’s measures to comply with the EIA Directive^f1; and

(ii)

for the purpose of so determining must consider whether it is appropriate to seek the views of the other consenting authority; and

(b)

any decision to grant a regulatory approval must take into account any comments of the other consenting authority relating to the regulated activity.”; and

after paragraph (4), add—

“(5)

Paragraph (1) is subject to regulation 10A.”.