OpenLegislation

Regulation 21A Conclusion about environmental impactF1F2

(1)

The appropriate authority must consider (ensuring that in doing so it has or has access to any expertise it considers necessary)—

(a)

the environmental statement;

(b)

any further information provided by the applicant pursuant to a notification under regulation 14(1);

(c)

the outcome of the process set out in Schedule 5 in relation to any representations received pursuant to the statement referred to in regulation 16(2)(g);

(d)

any representations in response to consultation made by the consultation bodies pursuant to the letter referred to in regulation 17(1)(a)(iv);

(e)

the outcome of any consultation of the authorities of F3... EEA States carried out in accordance with regulation 20; F4...

(f)

any features of the project in relation to the regulated activity being carried out, or measures which the applicant proposes to take, which would have the effect of avoiding, preventing, reducing or offsetting any likely significant adverse environmental effects of the regulated activity F5; and

(g)

in relation to a regulated activity for which an environmental impact assessment is required under regulation 8A, any other matter necessary to give effect to Article 31(1)(b) and (c) of the Biodiversity Beyond National Jurisdiction Agreement.

(2)

Following the consideration required by paragraph (1), the appropriate authority must reach a conclusion about the likely significant effects of the project (including the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters) on—

(a)

population and human health;

(b)

biodiversity, with particular attention to species and habitats protected under F6any law of any part of the United Kingdom that implemented the Habitats Directive and the Wild Birds Directive;

(c)

land, soil, water, air and climate;

(d)

material assets, cultural heritage and the landscape; and

(e)

the interaction between the factors referred to in sub-paragraphs (a) to (d).

Annotations

Textual amendments

F1

Regulations revoked (S.) (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/115), reg. 42(a) (with regs. 1(2), 40, 41)

F2

Reg. 21A inserted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 21 (with reg. 34)

F3

Word in reg. 21A(1)(e) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 6(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in reg. 21A(1)(e) omitted (9.8.2026) by virtue of Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 21(7)(a), 32(2) (with s. 30); S.I. 2026/827, reg. 2(i)

F5

Reg. 21A(1)(g) and word inserted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 21(7)(b), 32(2) (with s. 30); S.I. 2026/827, reg. 2(i)

F6

Words in reg. 21A(2)(b) inserted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 6(8)(b); 2020 c. 1, Sch. 5 para. 1(1)