S.L. 549.44 Art. 19Supplementary provisions as to consents.

(1) Where it appears to the competent authority that an application for consent under these regulations relates to an operation or activity which is or forms part of a plan or project which -

(a) is not directly connected with or necessary to the management of the protected site, and

(b) is likely to have a significant effect thereon, either individually or in combination with other plans or projects, the competent authority shall make, or require the applicant to make, an appropriate assessment, of the implications of the operation or activity on the site in view of the site’s conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of subregulation (2), the competent authority may give consent to the operation or activity only after having ascertained that the plan or project will not adversely affect the integrity of the site concerned and if appropriate, after having obtained and taken into account the opinion of the general public and representations made within such reasonable time as the competent authority may specify.

(2) If, in spite of a negative assessment of the implications for the site and the competent authority being satisfied that there being no alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, which subject to the subsequent subregulation, may be of a social or economic nature, the competent authority may give its consent for the operation or activity to be carried out.

(3) Where the competent authority gives such consent under this regulation, it shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.

(4) Where the SAC concerned hosts a priority natural habitat type and, or a priority species, the reasons referred to in the previous subregulation must be either:

(a) reasons relating to human health, public safety or beneficial consequences of primary importance for the environment, or

(b) other reasons which in the opinion of the Commission are imperative reasons of overriding public interest.