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Regulation 9 Projects serving national defence purposesF1

United Kingdom

(F21)

The Secretary of State may direct that an environmental impact assessment is not required in relation to a regulated activity or a part of a regulated activity where—

(a)

the project in relation to which the regulated activity is being carried out has national defence as its sole purpose; and

(b)

the Secretary of State considers that an environmental impact assessment in relation to the regulated activity or the part of the regulated activity would have an adverse effect on the fulfilment of that purpose.

(F31A)

A direction under paragraph (1) that an environmental impact assessment is not required in relation to a regulated activity, or a part of a regulated activity, has the effect that the regulated activity, or the part of the regulated activity, is to be disregarded in any environmental impact assessment in relation to the regulated activity.

(2)

Before making any such direction, the Secretary of State F4must notify—

(a)

where the Secretary of State is not also the appropriate authority, the appropriate authority;

(b)

where the Secretary of State is not also the regulator, the regulator; and

(c)

any relevant authority.

(3)

As soon as practicable after making any such direction, the Secretary of State F5must send a copy of the direction to—

(a)

where the Secretary of State is not also the appropriate authority, the appropriate authority;

(b)

where the Secretary of State is not also the regulator, the regulator; and

(c)

any relevant authority.

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. 9(1) substituted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 8(2) (with reg. 34)

F3

Reg. 9(1A) inserted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 8(3) (with reg. 34)

F4

Word in reg. 9(2) substituted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 8(4) (with reg. 34)

F5

Word in reg. 9(3) substituted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 8(4) (with reg. 34)