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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.

(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, [F4prepare 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).

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)

ProcedureN.I.

67A.—(1) The Department must publish any determination made by it as to whether or not a relevant project should be made subject to an environmental impact assessment in accordance with the Directive.

(2) F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F6Notice of the] environmental statement must be published so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express their opinion before the Department decides whether to proceed with the construction or improvement to which the assessment relates.

[F7(3A) The notice must state—

(a)that the Department is considering implementing the project;

(b)the proposed location and nature of the project;

(c)that the project is subject to the environmental impact assessment procedure required by this Part and, where relevant, that Article 67B applies;

(d)that a copy of the environmental statement may be inspected at an address in the area in which the project is proposed to be situated during the period specified under sub-paragraph (i);

(e)the times at which the copy of the environmental statement may be so inspected;

(f)an address from which copies of the environmental statement may be obtained and from which further information about the project may be requested during the period specified under sub-paragraph (i);

(g)if a charge is to be made for a copy of the environmental statement, the amount of the charge;

(h)if the Department uses a website for the publication of information about projects that are subject to the procedure required by this Part, that a copy of the environmental statement or non-technical summary may be inspected on the website during the period specified under sub-paragraph (i);

(i)that any person wishing to make any representations about the project and the environmental statement may do so in writing to the Department at a specified address within a specified period, being not less than 6 weeks from the date of publication of the notice; and

(j)that the Department will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

(3B) The Department shall ensure that during the period specified under sub-paragraph (3A)(i)—

(a)copies of the environmental statement are available for inspection by any person free of charge at all reasonable hours at the address specified in sub-paragraph (3A)(d);

(b)copies of the environmental statement are available to be obtained by any person from the address specified in sub-paragraph (3A)(f); and

(c)where under sub-paragraph (3A)(h), the notice states the address of a website, that a copy of the environmental statement or non-technical summary is available for inspection, by any person, on that website.

(3C) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Department for the supply of a copy of the environmental statement—

(a)to a person, other than a consultation body; or

(b)to a consultation body to which one copy has already been supplied free of charge.]

(4) The Department must ensure that the consultation bodies are given an opportunity to express an opinion on the F8. . . project and the environmental statement before the Department decides whether to proceed with the construction or improvement to which the assessment relates.

(5) After considering any opinions which have been expressed in relation to the statement the Department shall cause a local inquiry to be held if it appears to the Department to be necessary to do so.

(6) Where a local inquiry is held any interested person shall be permitted to appear in person or by a representative and to be heard at the inquiry.

(7) Before deciding whether to proceed with the construction or improvement in relation to which an environmental impact assessment has been made, the Department must take into consideration—

(a)the environmental statement;

[F9(b)any opinion on that statement or the project which is expressed in writing by—

(i)any of the consultation bodies; or

(ii)any other person;

and is received by the Department within any period specified for the purpose;]

[F10(bb)where Article 67B applies, and the EEA State has indicated in accordance with paragraph (4) of that Article that it wishes to participate in the procedure required by this Part, any opinion on that statement or the project which is expressed in writing by—

(i)the EEA State;

(ii)a member of the public in the EEA State; or

(iii)an authority having environmental responsibilities designated by the EEA State to be consulted about the project under Article 6(1) of the Directive;

and is received by the Department within the period specified under sub-paragraph (3A)(i);]

(c)where a local inquiry is held, the report of the person who held the inquiry.

(8) When the Department has decided whether to proceed with the construction or improvement for which an environmental impact assessment has been made, it must publish its decision together with a statement confirming that it has complied with paragraph (7) [F11, and describing the right under Article 67BA(1) to challenge the validity of the decision,] and must make available to the public documents containing -

(a)the content of the decision and any conditions attached to it;

(b)the main reasons and considerations on which the decision is based; F12. . .

(c)where the decision is to proceed with the construction or improvement, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project[F13; and

(d)information about the consultation carried out in compliance with this Article and Article 67B, the representations received on consultation, and any changes made as a result of those representations].

(9) Publication by the Department in accordance with paragraphs (1), (3) and (8) [F14 shall be—

(a)in the Belfast Gazette;

(b)in at least one local newspaper circulating in the area in which the project for the construction or improvement of the road is proposed to be situated; and

(c)if the Department uses a website for the publication of information about projects that are subject to the procedure required by this Part, on that website.]

(10) In this Article "the consultation bodies" means—

(a)any district council for the area in which the project for the construction or improvement of the road is situated; and

(b)other authorities likely to be concerned by the project by reason of their specific environmental responsibilities.

Other Member StatesN.I.

67B.—(1) This Article applies if—

(a)it appears to the Department that a project to which Article 67(4) applies is likely to have a significant effect on the environment in another [F15EEA State]; or

(b)[F16an EEA State] the environment of which is likely to be significantly affected by such a project asks the Department for information about the project.

(2) The Department must give the [F15EEA State]—

(a)a description of the project, together with any information available to the Department which suggests that the project may have a significant effect on the environment in the [F15EEA State];

(b)any information which the Department has as to the nature of the decision which may be taken on the project;

[F17(c)such information about the procedure required by this Part as the Department considers appropriate; and]

(d)a reasonable period within which to indicate whether the [F15EEA State] wishes to participate in that procedure.

(3) Paragraph (2)(a) and (b) must be complied with no later than the date of publication referred to in Article 67A(1).

(4) If the [F15EEA State] indicates that it wishes to participate in the [F18procedure required by this Part], the Department must give to the [F15EEA State]—

(a)a copy of the environmental statement for the project (if it has not already done so); F19. . .

[F20(b)the information required by Article 67A(3A) to be included in the notice under Article 67A(3); and

(c)any information about the procedure required by this Part which it considers appropriate to give and which has not already been given to the EEA State.]

(5) The Department must—

(a)arrange for the information which it has given to the [F15EEA State] to be made available, within a reasonable time, to—

(i)the authorities referred to in Article 6(1) of the Directive; and

(ii)members of the public in the [F15EEA State] who are likely to be concerned; and

(b)ensure that those authorities and members of the public who are likely to be concerned are given a reasonable opportunity to give the Department their views before it decides whether to proceed with the project to which the environmental impact assessment relates.

(6) The Department must, in accordance with Article 7(4) of the Directive -

(a)enter into consultations with the [F15EEA State] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F15EEA State] and the measures envisaged to reduce or eliminate those effects; and

(b)agree with that [F15EEA State] a reasonable period for those consultations.

[F21(7) Where an EEA State has been consulted in accordance with paragraph (6) the Department must, after deciding whether to proceed with the project to which the environmental statement relates, inform the EEA State of the decision and give it documents containing the matters referred to in section 67A(8).]

[F22Validity of decisionsN.I.

67BA.—(1) If a person aggrieved by a decision of the Department to proceed with the construction or improvement for which an environmental statement has been made desires to question the validity of the decision on the ground that—

(a)it is not within the powers of this Order; or

(b)any requirement of this Part has not been complied with in relation to the decision;

he may, within 6 weeks from the date on which the decision is first published under Article 67A(8), make an application for the purpose to the High Court.

(2) On any such application, the Court—

(a)may, by interim order, suspend the operation of the decision, or any aspect of it, either generally or insofar as it affects any property of the applicant, until the final determination of the proceedings; and

(b)if satisfied that the decision is not within the powers of this Order, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Part, may quash the decision, or any aspect of it, either generally or insofar as it affects any property of the applicant.

(3) Subject to paragraph (2), a decision to which paragraph (1) applies shall not be questioned in any legal proceedings whatever.]

ApplicationN.I.

67C.  This Part shall not apply to projects where an environmental statement or the details of the project were published before the coming into operation of the Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 1999.]