Regulation 10 ExceptionsF1

An appropriate authority may determine that an environmental impact assessment is not required in relation to regulated activity that is to be carried out in the course of F2a Schedule A1 project or F3a Schedule A2 project, if it is satisfied—

An appropriate authority may determine that an environmental impact assessment is not required under regulation 8A in relation to a BBNJ activity if it is satisfied that another person has carried out, is carrying out or will carry out an equivalent assessment in relation to the activity.

For the purposes of paragraph (1A), an assessment is an equivalent assessment if it is sufficient to meet the requirements of Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.

Where the appropriate authority determines in accordance with paragraph (1) F10or (1A) that an environmental impact assessment is not required in relation to a regulated activity, it F11must notify—

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

Where the appropriate authority determines in accordance with paragraph (1)(a) that an environmental impact assessment is not required in relation to a regulated activity, the applicant must provide the appropriate authority with such information as it requires F13for the purpose of meeting the provisions of F14Article 2(4) of the EIA Directive, namely F15the provision to ensure that information relating to the regulated activity and the reasons for its determination are —

Paragraphs (4) to (4J) apply where the appropriate authority determines in accordance with paragraph (1)(b) F18or (1A) that an environmental impact assessment is not required in relation to a regulated activity by reason of an assessment carried out by another consenting authority F19or person.

F21In a case to which paragraph (1) applies, the regulator—

In a case to which paragraph (1A) applies, the regulator must not grant regulatory approval unless it has determined that to do so would be compatible with the United Kingdom’s obligations under Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.

Any decision to grant a regulatory approval must take into account the following information relating to the other consenting authority’s assessment referred to in paragraph (1)(b) F25or, as the case may be, the other person’s assessment referred to in paragraph (1A)—

The regulator must be satisfied that the information incorporated in the other consenting authority’s F29or person’s assessment and consent (if any) is up to date at the time that the regulatory decision is taken, but that information and the other consenting authority’s or person’s assessment and consent (if any) must be taken to be up to date if, in the opinion of the regulator, they address the significant effects that the proposed project is likely to have on the environment.

The regulatory decision must be taken within a period of time which—

Where the regulator decides to refuse regulatory approval, the regulator must state the main reasons for the refusal.

Where the regulator decides to grant regulatory approval, the regulator must incorporate in the regulatory decision—

The regulator must, as soon as reasonably possible, send a copy of its regulatory decision to—

The regulator must, as soon as possible after its decision is sent to the applicant pursuant to paragraph (4F), ensure that—

In paragraph (4G), “public inspection” means—

The notice in paragraph (4G)(a) must state—

A decision to grant regulatory approval which includes a monitoring measure may include a condition as to the payment of a reasonable fee, determined in accordance with regulation 3(4) and (5), in respect of expenses incurred in assessing and interpreting the results of any monitoring measure.

Paragraph (1) is subject to regulation 10A.

For the purpose of paragraphs (1)(a)(i) and (3), Article 2(4) of the EIA Directive is to be read as if—