Paragraph 4A Giving a screening opinionF1F2
Where the appropriate authority gives a screening opinion, the screening opinion must—
state the main reasons for the conclusion with reference to the relevant criteria listed in Schedule 1; and
if it is determined that the regulated activity does not require an environmental impact assessment, state any features of the project or measures envisaged to avoid, or prevent what might otherwise have been, significant adverse effects on the environment.
A screening opinion given in relation to a BBNJ activity must include provision stating—
whether or not the regulator considers that an environmental impact assessment is required under regulation 8A in relation to the activity, and
in a case where the regulator considers that an environmental impact assessment is not required under regulation 8A in relation to the activity, whether the regulator considers that—
the activity may have more than a minor or transitory effect on the marine environment, or
the effects of the activity are unknown or poorly understood.
Terms used in sub-paragraph (2)(b)(i) or (ii) have the same meaning that they have in the Biodiversity Beyond National Jurisdiction Agreement (see in particular Article 30(1)).
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
Sch. 2 para. 4A inserted (16.5.2017) by The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (S.I. 2017/588), regs. 1(1), 30(6) (with reg. 34)
- F3
Sch. 2 para. 4A renumbered as Sch. 2 para. 4A(1) (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 21(8)(a), 32(2) (with s. 30); S.I. 2026/827, reg. 2(i)
- F4
Sch. 2 para. 4A(2)(3) inserted (9.8.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 21(8)(b), 32(2) (with s. 30); S.I. 2026/827, reg. 2(i)