Environmental Protection Title and commencement 1 These Regulations may be cited as the Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2015 and come into force on 27th March 2015. Amendments to the Marine Works (Environmental Impact Assessment) Regulations 2007 2 The Marine Works (Environmental Impact Assessment) Regulations 2007 are amended in accordance with regulations 3 to 7. Amendment to regulation 2 3 In regulation 2 (interpretation), in paragraph (1)— a in paragraph (a) of the definition of “appropriate authority”, after “the Marine Management Organisation”, insert “, the Natural Resources Body for Wales”; b for the definition of “the EIA Directive”, substitute— “the EIA Directive” means Directive 2011/92/ EU of the European Parliament and of the Council of 13th December 2011 on the assessment of the effects of certain public and private projects on the environment, as adopted ; . Amendment to regulation 3 4 In regulation 3 (fees), in paragraph (4)(d), after “where the appropriate authority is the Welsh Ministers”, insert “or the Natural Resources Body for Wales”. Amendment to regulation 10 5 In regulation 10 (exceptions)— a in paragraph (1)(a)(i), for “Article 2(3)”, substitute “Article 2(4)”; b in paragraph (3), for “Article 2(3)”, substitute “Article 2(4)”. Amendment to regulation 10A 6 For regulation 10A (further provisions in relation to Article 2(3) of the EIA Directive), substitute— Further provisions in relation to Article 2(4) of the EIA Directive 10A 1 The Marine Management Organisation may not make a determination under regulation 10(1)(a)(i) unless the Secretary of State has given a direction under paragraph (2). 2 The Secretary of State may direct that an environmental impact assessment is not required in relation to any regulated activity that is to be carried out in the course of an Annex I project or an Annex II project, if the Secretary of State is satisfied that— a the Marine Management Organisation is the appropriate authority having the function of determining whether an environmental impact assessment is required in relation to the regulated activity; b a direction that an environmental impact assessment is not required for the regulated activity can be justified in accordance with Article 2(4) of the EIA Directive (exemption for exceptional cases); and c the regulated activity would not be likely to have significant effects on the environment of another EEA State. 3 As soon as practicable after making any such direction, the Secretary of State must send a copy of the direction to— a the Marine Management Organisation; b where the Marine Management Organisation is not also the regulator, the regulator; and c any relevant authority. 4 The Natural Resources Body for Wales may not make a determination under regulation 10(1)(a)(i) unless the Welsh Ministers have given a direction under paragraph (5). 5 The Welsh Ministers may direct that an environmental impact assessment is not required in relation to any regulated activity that is to be carried out in the course of an Annex I project or an Annex II project, if the Welsh Ministers are satisfied that— a the Natural Resources Body for Wales is the appropriate authority having the function of determining whether an environmental impact assessment is required in relation to the regulated activity; b a direction that an environmental impact assessment is not required for the regulated activity can be justified in accordance with Article 2(4) of the EIA Directive (exemption for exceptional cases); and c the regulated activity would not be likely to have significant effects on the environment of another EEA State. 6 As soon as practicable after making any such direction, the Welsh Ministers must send a copy of the direction to— a the Natural Resources Body for Wales; b where the Natural Resources Body for Wales is not also the regulator, the regulator; and c any relevant authority. 7 The Natural Resources Body for Wales must provide the Welsh Ministers with such information as they require to comply with the obligations referred to in regulation 10(3). . Amendment to regulation 28 7 In regulation 28 (access to review procedure before a court)— a for “Article 10a(a)”, substitute “Article 11(1)(a)”; b for “Article 10a(b)”, substitute “Article 11(1)(b)”. George Eustice Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs