Question to the Department for Environment, Food and Rural Affairs:

To ask His Majesty's Government how decisions by appropriate authorities to rely on an equivalent assessment under the Marine Works (Environmental Impact Assessment) Regulations 2007, as amended by the Biodiversity Beyond National Jurisdiction Bill, will be recorded, published and made available for public scrutiny.

Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)

The decision to defer under the Marine Works (Environmental Impact Assessment) Regulations 2007 to an equivalent assessment is communicated to the applicant and the other assessment body. The decision to defer is also recorded and published on the Marine Management Organisation’s public register, enabling public scrutiny.

The BBNJ Agreement provides that public consultation is a requirement of the BBNJ EIA process so any equivalent assessment that is relied upon must also have undertaken necessary public consultation.

All licensing decisions are also placed on the Marine Management Organisation’s public register.

Question to the Department for Environment, Food and Rural Affairs:

To ask His Majesty's Government whether environmental assessments undertaken by regional fisheries management organisations are regarded as meeting the requirements under Part 4 of the Biodiversity Beyond National Jurisdiction Bill; and if so, how deficiencies in cumulative impact assessment and public participation will be addressed.

Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)

Part 4 of the Biodiversity Beyond National Jurisdiction (BBNJ) Bill introduces changes to the marine licensing regime to meet some of the UK’s obligations to the BBNJ Agreement. Fisheries issues are not typically considered within the remit of the marine licensing regime.

Part 4 of the BBNJ Agreement provides that an environmental impact assessment may not be required under the Agreement where the impacts of an activity have been assessed in accordance with the requirements of another relevant body. Such bodies may include, for example, Regional Fisheries Management Organisations. This includes where the regulations or standards arising from the assessment have been designed to prevent, mitigate or manage potential impacts below the threshold for an environmental impact assessment under the Agreement, and those have been complied with.

Question to the Department for Environment, Food and Rural Affairs:

To ask His Majesty's Government how cumulative, ecosystem-wide and transboundary environmental impacts will be assessed where an appropriate authority defers to an equivalent assessment under the Marine Works (Environmental Impact Assessment) Regulations 2007 as amended by the Biodiversity Beyond National Jurisdiction Bill.

Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)

An appropriate authority will not, under the Marine Works EIA Regulations, be able to defer to another equivalent assessment unless that assessment meets all the requirements of Part 4 of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. The BBNJ Agreement sets out what should be included in in an assessment including cumulative effects and any transboundary issues.

If the appropriate authority concludes the equivalent assessment does not adequately address the relevant environmental considerations, it must undertake its own environmental impact assessment. This will ensure the relevant impacts are assessed.

Found: MINISTER FOR ANIMAL WELFARE AND BIOSECURITY Copy to: Lord Krebs Lord Harlech Baroness Jones of Moulsecoomb