The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018
S.I. 2018/287 · Made 27 February 2018
Environmental Protection
Licensing (marine)
Marine Management
Made 27th February 2018
Laid before Parliament 5th March 2018
Coming into force 1st April 2018
The Secretary of State makes these Regulations, with the consent of the Treasury, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by section 56(1) of the Finance Act 1973f1.
The Secretary of State is a Minister designated for purposes of section 2(2) of the European Communities Act 1972f2 in relation to the environmentf3.
Annotations to the whole text
Footnotes
- f1
-
1973 c. 51; section 56(1) was amended by S.I. 2011/1043.
- f2
-
1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).
- f3
Contents
- 1Citation and commencement
- 2Amendments to the Marine Works (Environmental Impact Assessment) Regulations 2007
- 3Amendments to the Marine Strategy Regulations 2010
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 and come into force on 1st April 2018.
2Amendments to the Marine Works (Environmental Impact Assessment) Regulations 2007
The Marine Works (Environmental Impact Assessment) Regulations 2007f1 are amended as follows.
In regulation 2 (interpretation), in paragraph (1)—
in the definition of “appropriate authority”—
for paragraph (b)(iii) substitute—
“(iii)as regards harbour works relating to harbours that are wholly in Wales, other than harbours that are reserved trust ports, the Welsh Ministers;”; and
for the words after paragraph (b)(iv) substitute—
“and—
- (a)
for the purpose of paragraph (a), “devolved authority” means any Northern Ireland Department, the Scottish Ministers or the Welsh Ministers; and
- (b)
for the purpose of paragraph (b)(iii), “reserved trust port” has the meaning given by section 32 of the Wales Act 2017f2;”;
omit the definition of “fishery harbour”;
in the definition of “relevant authority”—
in paragraph (d), for “Wales” substitute “the Welsh inshore region or the Welsh offshore region (or both)”;
after paragraph (d) insert—
“(da)where the regulated activity is likely to have a significant effect on the environment of the Welsh offshore region and the appropriate authority is not the Secretary of State, the Secretary of State;”; and
after paragraph (f) insert—
“and for the purposes of paragraphs (d) and (da), “Welsh inshore region” and “Welsh offshore region” have the meanings given by section 322(1) of the 2009 Act;”; and
in the definition of “relevant offshore region”—
in paragraph (a), at the end insert “or”; and
omit paragraph (b).
In regulation 3 (fees)—
in paragraphs (4)(a) and (d), omit “with the consent of the Treasury”; and
in paragraph (4)(b), for the words from “, with the consent of” to the end substitute “with the consent of the Secretary of State;”.
3Amendments to the Marine Strategy Regulations 2010
The Marine Strategy Regulations 2010f1 are amended as follows.
In regulation 2 (interpretation), in paragraph (1)—
in the definition of “competent authority”—
in paragraph (b), after “region” insert “and the Welsh offshore region”; and
in paragraph (c), for “Department of the Environment” substitute “Department of Agriculture, Environment and Rural Affairs”;
in the definition of “devolved marine area”—
in paragraph (b), after “region” insert “and the Welsh offshore region”; and
in paragraph (c), for “Department of the Environment” substitute “Department of Agriculture, Environment and Rural Affairs”;
in the definition of “devolved policy authority”, for “Department of the Environment” substitute “Department of Agriculture, Environment and Rural Affairs”; and
in the definition of “Northern Ireland body”, for the words from “the Department of Agriculture” to the end substitute “the Department for the Economy and the Department for Infrastructure”.
In regulation 8 (cooperation in implementation of the marine strategy), in paragraph (1)—
in sub-paragraph (a), for “or the Welsh inshore region” substitute “, the Welsh inshore region or the Welsh offshore region”; and
in sub-paragraph (b)—
for “a devolved policy authority or” substitute “the Department of Agriculture, Environment and Rural Affairs in Northern Ireland or a”; and
omit “or the Welsh offshore region”.
Signature
Thérèse Coffey
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th February 2018
We consent
Andrew Stephenson
Rebecca Harris
Two Lord Commissioners of Her Majesty’s Treasury
27th February 2018
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Marine Works (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1518) (“the EIA Regulations”) and the Marine Strategy Regulations 2010 (S.I. 2010/1627) (“the Marine Strategy Regulations”). The amendments are consequential on the transfer to the Welsh Ministers by sections 29, 46 and 47 (respectively) of the Wales Act 2017 (c. 4) of certain functions relating to harbours that are wholly in Wales, and functions relating to marine licensing and marine conservation in the Welsh offshore area under the Marine and Coastal Access Act 2009 (c. 23).
The effect of the amendments to the EIA Regulations is that, for the purposes of those Regulations—
the Welsh Ministers are the appropriate authority for harbours that are wholly in Wales (other than reserved trust ports) (regulation 2(2)(a));
the Welsh Ministers are “the relevant authority” where a regulated activity is likely to have a significant effect on the environment of the Welsh offshore region and the Welsh Ministers are not the appropriate authority (regulation 2(2)(c)).
The EIA Regulations are also amended to remove the requirement for Treasury consent under paragraphs (4)(a), (4)(b) and (4)(d) of regulation 3 (fees) (regulation 2(3)).
The effect of the amendments to the Marine Strategy Regulations is as follows—
for the purposes of those Regulations, the Welsh Ministers are the competent authority for the Welsh offshore region (regulation 3(2)(a));
for the purposes of any relevant function exercisable by the Welsh Ministers, the devolved marine area includes the Welsh offshore region (regulation 3(2)(b));
the Welsh Ministers and the Secretary of State must co-operate in relation to the exercise of any relevant function of the Secretary of State within the Welsh offshore region (regulation 3(3)).
The Marine Strategy Regulations are also amended to reflect the transfer of functions to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland under the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76).
An impact assessment has not been produced for this instrument since it involves changes to the powers of the Welsh Ministers which have been considered in the impact assessment which accompanied the Wales Bill. That impact assessment is accessible at https:/www.gov.uk/government/uploads/system/uploads/attachment_data/file/527740/Wales_Bill_impact_assessment.pdf. Copies of this document are available from the Marine Planning, Licensing & Coastal Integration Policy Team, Marine and Fisheries Directorate, Department for Environment, Food and Rural Affairs, 9 Millbank, c/o 17 Smith Square, London, SW1P 3JR. In addition, a copy of this document has been placed in the libraries of both Houses of Parliament.