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Regulation 8A Determination: areas beyond national jurisdictionF1F2

(1)

The appropriate authority must determine that an environmental impact assessment is required in relation to a BBNJ activity if the authority concludes that there are reasonable grounds for believing that the activity may cause—

(a)

substantial pollution of, or

(b)

significant and harmful changes to,

the marine environment.

(2)

In considering whether or not there are such reasonable grounds, the appropriate authority must have regard to—

(a)

the criteria set out in Schedule 1, and

(b)

any other matter necessary to give effect to Article 30(1)(b) of the Biodiversity Beyond National Jurisdiction Agreement.

(3)

Terms used in paragraph (1)(a) and (b) have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)(b)).

(4)

This regulation is subject to regulations 9 and 9A.

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. 8A inserted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 21(4), 32(2) (with s. 30); S.I. 2026/827, reg. 2(i)