S.L. 549.46 Art. 24Suspension of environmental impact assessment or screening. Reactivation and other post- suspension actions. Updating of environmental impact assessments, and fresh assessments. Discontinuation of environmental impact assessment.

(1) Without prejudice to regulation 31, the

Authority may suspend an environmental impact assessment process, including any screening, at any stage if:

(a) in its opinion, the project proposal or the situation on site, or both, have been modified or updated in a substantial manner such that the details currently being assessed or screened are superseded, superfluous, outdated, insufficient or no longer representative of the actual situation; or

(b) any significant flaw, malpractice or distortion is discovered vis-à-vis the already-initiated assessment or screening, or the situation on site, or both.

(2) At any stage following suspension under sub-regulation

(1), the Authority may, as it deems most appropriate taking into account the factors that have led to the suspension:

(a) reactivate the processing; or

(b) reactivate the processing subject to the required updates or corrections; or

(c) direct that the process be resumed at an earlier stage; or

(d) order further screening or scoping in terms of these regulations, or both; or

(e) apply the provisions of regulations 6, 31 or 33, or a combination thereof; or

(f) adopt a combination of the above listed measures.

(3) Wherever the Authority is of the opinion that the environment context of the project or situation on site has materially changed after the completion of an environmental impact assessment, it may:

(a) require that the existing assessment or any documentation related thereto be updated accordingly to its satisfaction, or that any additional documentation be submitted to its satisfaction. The Authority shall decide, at its discretion, whether the project merits fresh screening or fresh scoping or both; or

(b) require a fresh assessment in line with these regulations to replace the superseded assessment. The new assessment shall follow the normal procedures prescribed in these regulations for the project under consideration, and accordingly such screening and scoping shall both be required.

(4) An environmental impact assessment shall be considered as automatically discontinued in the event that:

(a) the relevant application for development consent has been lawfully refused or dismissed; or

(b) the environmental impact assessment is pursuant to a permit, licence, concession or commitment which has since expired, or has been revoked or invalidated or has been quashed by a Court established by law; or

(c) any submission requested by the Authority which is materially relevant to the assessment, has remained pending notwithstanding the lapse of at least two calendar years.

In such instance, no further action by the Authority shall be required, and the provisions of sub-regulation (1) of regulation 6 and Part IX shall apply ipso facto.

(5) If, in the Authority’s opinion, an environmental impact assessment is taking an unreasonably long time in excess of five (5) years to be duly concluded or there are any unjustified delays the Authority may summarily interrupt that assessment and shall inform the developer accordingly in writing, without prejudice to the other provisions of these regulations.

(6) The provisions of this regulation shall, mutatis mutandis, also be applicable to the project description statement and to any other documentation submitted, or requested, in terms of these regulations.