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[F1PART VN.I.Environmental Impact Assessment

F1SR 1999/89

Environmental impact assessmentN.I.

67.—(1) In this Part—

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

(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.

[F11(4) The Department may direct that this Part does not apply in relation to a particular proposed project specified in the direction either—

(a)in accordance with Article 2(4) of the Directive; or

(b)if the project comprises or forms part of a project having the response to civil emergencies as its sole purpose, and in the opinion of the Department compliance with this Part would have an adverse effect on that purpose.

(4A) Where the Department gives a direction under paragraph (4) (a), it must—

(a)make available to the public by general and local advertisement the information considered in making the direction and the reasons for making the direction;

(b)consider whether another form of assessment would be appropriate;

(c)make available to the public any information obtained under that other form of assessment;

(d)inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information referred to in (4A)(a) and (c).

(4B) Subject to paragraph (4), where the Department determines that a project—

(a)falls within Annex I; or

(b)is a relevant project falling within Annex II and determines that the project should be subject to an environmental impact assessment,

it must prepare an EIA report.

(4C) Where the Department has to make a determination under paragraph (4B) (b) as to whether a relevant project falling within Annex II should be subject to an environmental impact assessment, it must take into account in making that determination—

(a)the information compiled by the Department on the characteristics of the project and its likely significant effects on the environment, including the information specified in Annex IIA;

(b)such of the selection criteria set out in Annex III as are relevant to the project; and

(c)where relevant, the available results of other environmental assessments of the effects of the project carried out pursuant to Union legislation other than legislation implementing the requirements of the Directive.

(4D) Where the Department makes a determination under paragraph (3) or (4B), it must make that determination available to the public in accordance with paragraph (4E), and the determination must—

(a)state the main reasons for the determination, with reference to the relevant criteria set out in Annex III; and

(b)where the determination is to the effect that the project should not be subject to an environmental impact assessment, state any features of the project and measures envisaged to avoid or prevent what otherwise might have been significant adverse effects on the environment.

(4E) The Department must make available to the public the determination, including any accompanying statement of reasons, on a website used by the Department for the purpose of giving information to the public about projects.]

[F12(5) An EIA report prepared by the Department must include at least—

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

(b)a description of the likely significant effects of the project on the environment;

(c)a description of the features of the project and measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(d)a description of the reasonable alternatives studied by the Department which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment;

(e)a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and

(f)any additional information specified in Annex IV relevant to the specific characteristics of the particular project or type of project and to the environmental features likely to be affected.

(6) The EIA report referred to in paragraph (5) must—

(a)be prepared by competent experts in order to ensure the completeness and quality of the EIA report;

(b)contain a statement by the Department setting out how sub-paragraph (6)(a) has been complied with;

(c)include the information reasonably required for reaching a reasoned conclusion on the significant effects of the project on the environment, taking into account current knowledge and methods of assessment; and

(d)with a view to avoiding duplication of assessments, be prepared taking into account the available results of other relevant assessments under Union legislation or other legislation applicable in Northern Ireland.

(7) In order to ensure the completeness and quality of the EIA report, the Department must where necessary obtain supplementary information about any matter referred to in paragraph (5) which is directly relevant to reaching a reasoned conclusion on the significant effects of the project on the environment.

(8) Where, in relation to a proposed project, an environmental impact assessment is to be carried out under this Part, the assessment must identify, describe and assess in an appropriate manner, in light of each individual case, the direct and indirect significant effects of the project on the following factors—

(a)population and human health;

(b)biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC and Directive 2009/147/EC;

(c)land, soil, water, air and climate;

(d)material assets, cultural heritage and the landscape; and

(e)the interaction between the factors referred to in sub-paragraphs (a) to (d).

(9) The significant effects to be identified, described and assessed under paragraph (8) include—

(a)the operational effects of the project, where the project will have operational effects; and

(b)the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters, so far as relevant to the project.

(10) The Department must ensure that it has, or has access as necessary to, sufficient expertise to examine the EIA report.

(11) Where, in relation to a project, there is, in addition to a requirement for an environmental impact assessment to be carried out under this Part, a requirement to carry out a Habitats Regulation Assessment, the Department must, where appropriate, ensure that the Habitats Regulation Assessment and the environmental impact assessment are co-ordinated.]]

F2Art. 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)