Section 154 — Power to define “relevant consent” and “relevant plan” etc

(1) EOR regulations may provide that a consent of a description specified in the regulations (a “category 1 consent”) is to be a “relevant consent” for the purposes of this Part in all cases.

(2) EOR regulations may provide that a consent of a description specified in the regulations (a “category 2 consent”) is to be a “relevant consent” for the purposes of this Part only if certain criteria specified in EOR regulations are met.

(3) EOR regulations may make provision about, or in connection with, how, when and by whom it is to be determined whether criteria are met, such that a category 2 consent is a relevant consent.

(4) EOR regulations may impose a requirement for a consent in relation to a project, which is to be a category 1 consent or a category 2 consent.

(5) EOR regulations may make provision about, or in connection with, how a consent which is required under subsection (4) is to be given, including provision for it to be given (or refused) by an environmental outcomes report.

(6) “Relevant plan” means a plan or programme which—

(a) relates, or may relate, to a project or to environmental protection in the United Kingdom or a relevant offshore area, and

(b) is specified or described in EOR regulations for the purposes of this subsection.

(7) References in this Part to a proposed relevant consent or proposed relevant plan include references to a proposed variation or modification of, or revision to, a relevant consent or relevant plan (however described).

(8) “Consent” means any consent, approval, permission, authorisation, confirmation or decision (however described, given or made) that is required, or otherwise provided for, by or under any enactment in relation to a project.

(9) “Project” means a project in the United Kingdom [F1 , a relevant offshore area or, where subsection (10) applies, an area beyond national jurisdiction] involving—

(a) construction, engineering, demolition, dismantling or decommissioning,

(b) the installation, depositing or removal of any thing,

(c) the exploitation of natural resources by any means,

(d) a change in the use of land, a building or other structure, or

(e) any other activity capable of affecting the natural environment, cultural heritage or landscape.

(10) [F2 This subsection applies where the activity within any of paragraphs (a) to (e) of subsection (9) is or involves a licensable marine activity within the meaning of—]

(a) [F2 section 66 of the Marine and Coastal Access Act 2009, or]

(b) [F2 section 21 of the Marine (Scotland) Act 2010 (asp 5).]

(11) [F2 In this section, “area beyond national jurisdiction” has the meaning given by Article 1(2) of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, opened for signature at New York on 20 September 2023.]

Amendment notes

1. F1 Words in s. 154(9) substituted (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 26(a), 32(1) (with s. 30)
2. F2 S. 154(10)(11) inserted substituted (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 26(b), 32(1) (with s. 30)