Commentary on Sections Application procedure Section 37 – Marine impact reports
98.If the draft order submitted in an application for infrastructure consent contains provision for a deemed marine licence, section 37 requires Natural Resources Wales to submit to the Welsh Ministers a marine impact report where it is notified of an application for proposed development in the Welsh marine area.
99.Subsection (2) provides that the Welsh Ministers may also direct Natural Resources Wales to submit a marine impact report in respect of an application for infrastructure consent.
100.Subsection (3) provides that Natural Resources Wales may submit a marine impact report in respect of an application for infrastructure consent otherwise than in response to a notice given under section 34(2)(b) or a direction given under section 37(2).
101.A marine impact report must give details of the likely impact of a proposed development on the marine environment.
102.A report submitted in response to subsection (1) must be submitted to the Welsh Ministers before the deadline specified in the notice. A report submitted in response to a direction under subsection (2) must be submitted to the Welsh Ministers before the deadline specified in the direction. A marine impact report submitted voluntarily, otherwise than in response to a notice or a direction must be submitted within the deadline provided for responding to publicity under section 34(3).
103.This section also provides the Welsh Ministers with a regulation-making power to prescribe the form and content of a marine impact report and any report submitted to the Welsh Ministers must comply with such requirements as are prescribed in regulations.