S.L. 549.46 Art. 15Screening outcome.

(1) The Authority shall inform the developer of the screening outcome in writing not later than 30 calendar days after it receives the project description statement duly prepared in conformity with regulation 12. In cases relating to, inter alia, the nature, complexity, location or size of the project, the Authority may extend that deadline provided that it shall inform the developer in writing, giving reasons for the extension and indicating a reasonable date when the screening outcome is expected.

(2) Once the Authority notifies the developer that the project requires an environmental impact assessment according to these regulations, the developer shall, within 30 calendar days of notification and unless he decides to contest this outcome before the Tribunal in accordance with Part X, inform the Authority in writing that he will undertake the environmental impact assessment within a reasonable time period. Such time period shall be clearly specified by the developer and shall be subject to agreement by the Authority. If the developer does not comply with this sub-regulation, the provisions of sub-regulation (1) of regulation 6 shall apply, without prejudice to regulation 31.

(3) The screening determination for projects not covered by Category I of Schedule I, including any supporting justification and any ancillary conditions, assumptions and parameters, shall be made available to the public on the Authority’s website, also stating, with reference to the relevant criteria listed in Schedule III:

(a) where an environmental impact assessment is required, the main reasons for such requirement; and

(b) where an environmental impact assessment is not required, the main reasons for not requiring such assessment, and the main features or measures proposed by the developer to avoid or prevent significant adverse effects on the environment, as well as any other important conditions considered relevant by the Authority.

(4) Any materially significant changes effected to the project after a screening determination has been already issued shall ipso facto invalidate such screening determination if the information, considerations and assumptions on which the screening was based cease to be valid or are no longer met to the Authority’s satisfaction. Any commitment, requirement or exemption arising, or deemed to have arisen, from the invalidated screening outcome shall also lapse The permitting authority shall ensure that, in the event of ipso facto. any such changes or if there is reasonable uncertainty as to the whether any changes fall within the scope of this sub-regulation, or if the Authority so requests, the project is duly referred again to the Authority to confirm whether the previously issued screening outcome is still valid or otherwise. Should the Authority determine that the previous screening outcome is superseded, the updated screening outcome together with any new or amended terms as issued by the Authority shall apply instead.

(5) The provisions of sub-regulations (1), (2) and (3) shall, also apply, in respect of any updated screening mutatis mutandis, outcome pursuant to sub-regulation (4).