The Roads (Northern Ireland) Order 1993

[F1 Environmental impact assessment N.I.

67.— (1) In this Part—

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Annex” means an Annex to the Directive;

• [F3 “the Directive” means Council Directive No.85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive No.97/11/EC and Directive No.2003/35/EC of the European Parliament and Council;

• “EEA State” means a Member State, Norway, Iceland or Liechtenstein;

• “member of the public” includes any body of persons;]

• “relevant project” means a project for constructing or improving a road where the area of the proposed works—

  (a)

  exceeds 1 hectare; or

  (b)

  is situated in whole or in part in a sensitive area.

(2) In paragraph (1) in the definition of “relevant project”

• “area of the proposed works” includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation; and

• “sensitive area” means any of the following—

  (a)

  an area of special scientific interest, that is to say, land so declared under Article 24 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

  (b)

  an area of outstanding natural beauty, that is to say, an area so designated under Article 14(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

  (c)

  a National Park, that is to say, an area so designated under Article 12(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

  (d)

  a World Heritage Site;

  (e)

  a scheduled monument within the meaning of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995;

  (f)

  a European site within the meaning of regulation 9 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995.

(3) If the Department is considering a project for constructing or improving a road the Department must, before details of the project are published, determine whether or not the project falls within Annex I or II.

(4) If the Department—

(a) considers that the project falls within Annex I; or

(b) considers that the project is a relevant project falling within Annex II and determines, having regard to the selection criteria contained in Annex III, that the project should be made subject to an environmental impact assessment in accordance with the Directive,it must, not later than the date when details of the project are published, [F4 prepare an environmental statement and publish notice of it in accordance with paragraphs (3), (3A) and (9) of Article 67A].

(5) To the extent to which the Department considers—

(a) that it is relevant to the specific characteristics of the project and of the environmental features likely to be affected by it; and

(b) that the information may reasonably be gathered (having regard among other matters to current knowledge and methods of assessment),

the environmental statement must contain the information referred to in Annex IV.

(6) That information must include at least—

(a) a description of the project (comprising information on the site, design and size of the project);

(b) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

(c) the data required to identify and assess the main effects which the project is likely to have on the environment;

(d) an outline of the main alternatives studied by the Department and an indication of the main reason for its choice (taking into account the environmental effects); and

(e) a non-technical summary of the information mentioned in sub-paragraphs (a) to (d).]

F1 SR 1999/89

F2 Art. 67(1): definition of "the Directive" omitted (10.9.2007) by virtue of Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(2)(a)(i) (with reg. 3)

F3 Words in art. 67(1) inserted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(2)(a)(ii) (with reg. 3)

F4 Words in art. 67(4)(b) substituted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(2)(b) (with reg. 3)