Development (Emergency Electricity Generation) Act 2022

Arrangements for Appropriate Assessment

6. (1) On receiving an application under section 4 , the Minister shall arrange for an assessment of the designated development to be carried out by the Board in accordance with Part 5 of the Regulations of 2011, subject to any modifications as to process as may be prescribed for the purposes of this Act, and Part 5 of those Regulations shall apply in respect of the designated development subject to such modifications.

(2) The Board shall, as part of the assessments referred to in section 5 (2) and subsection (1), assess the impacts (if any) of the designated development on the species listed in Annex IV of the Habitats Directive and their breeding sites and resting places and consider whether there is a need for a derogation for the purpose of Article 16 of that Directive in respect of the designated development and whether such a derogation ought to be granted, and may make a recommendation to the Minister in relation to such need and grant.