S.L. 549.46 Art. 10Category I of Schedule I: Mandatory environmental impact assessment. Category II of Schedule I: Mandatory screening. Other projects requiring an environmental impact assessment or screening on a case-by-case basis. Environmental impact assessment or screening requirements for fait-accompli. Project

(1) Without prejudice to regulation 31, any proposal for development listed under Category I of Schedule I shall require an environmental impact assessment.

(2) Subject to sub-regulation (1), and without prejudice to regulation 31, any proposal for development listed under Category II of

Schedule I, shall require screening by the Authority.

(3) The Authority may require an environmental impact assessment or screening for a project which is not included in Schedule

I if it is of the opinion that the project may have significant environmental impacts and that a normal development consent application or an assessment other than provided by these regulations is not sufficient for their proper evaluation. In arriving at such requirement, the Authority shall have regard to the criteria set out in Schedule III.

(4) The provisions of sub-regulation (3) shall, mutatis also apply for projects which are not included in Schedule I mutandis, and which normally do not require an environmental impact assessment but which, in the Authority’s opinion, can produce significant environmental effects due to cumulation with other existing and/or approved projects.

(5) During screening and assessment, the following provisions shall apply:

(a) a requirement for an environmental impact assessment or screening shall still apply notwithstanding that a development or any relevant intervention has already been fully or partly carried out without the required permission, or if the site or its surrounding environment has been materially altered, damaged or degraded. Such development, intervention, alteration, damage or degradation as may be existent on site, as well as any consequent environmental impacts, shall not constitute a valid baseline and they shall be considered as a part of the project for the purpose of assessment or screening, such that no undue advantage is derived therefrom; and

(b) where any aspect of the environmental impact assessment or screening, or the overall environmental merits of the case or any relevant mitigation measures, have been significantly prejudiced or rendered ineffective, due to such illegal development, intervention, alteration, damage or degradation, the Authority may also recommend to the permitting authority to ensure that the decisions taken on the project are no more favourable to the person responsible for, or otherwise benefiting from, the illegality or distortion than if the environmental impact assessment were duly carried out in the absence of any such illegality or distortion.

(6) A project which requires, or may require, an environmental impact assessment or screening shall not be fragmented into smaller projects if this would:

(a) result in the omission or circumvention of the required comprehensive assessment of the overall project, or of any other requirement arising from these regulations; or

(b) adversely affect the integrity, effectiveness, transparency, consistency, feasibility or timeliness of the assessment or screening, or of any decision, consultation or commitment on the project; or

(c) in any way present a misleading or understated indication of the actual nature, scale, extent, likely evolution or implications of the project; or

(d) result in any premature or insufficiently informed decision or commitment:

Provided that the phasing of a project, or the bona fide subdivision of the project into mutually coordinated applications for the purpose of improved processing, shall not be deemed to fall within the scope of this sub-regulation if the Authority is satisfied that the relative submissions provide a reasonably comprehensive, fair and transparent indication of the full project and its actual implications, such that both the assessment and all relevant decision-making and consultations can be undertaken in their proper context and the concerns identified in paragraphs (a) to (d) are not relevant.

(7) The provisions of sub-regulation (6) shall, mutatis also be applicable to a group of projects which are inter-mutandis dependent, mutually connected or physically overlapping, or which follow on from one another.