Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006

PART IV N.I. FINAL

Revocation and transitional provisions N.I.

38.—(1) Subject to paragraph (2), the Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000 (in this regulation called “the 2000 Regulations”)(1) are revoked.

(2) Paragraph (1) shall not affect the continued application of the 2000 Regulations in respect of any matter relating to an application for a consent under those Regulations where—

(a) that application; or

(b) any application under regulation 5 of the 2000 Regulations which is relevant to the application for that consent; or

(c) any request under regulation 9 of those Regulations which is relevant to the application for that consent

was made before these Regulations came into operation and in such a case these Regulations shall not apply.

[F1 (3) The amendments made to these regulations by the Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017 do not apply to projects where, before the commencement date—

(a) the proposer has applied in writing to the Department under regulation 6(1) for its opinion whether a project is a relevant project;

(b) the proposer has requested the Department to give its opinion under regulation 9(1) as to the scope and level of detail of the information to be contained in the environmental statement required for that project; or

(c) the environmental statement has been submitted under regulation 10(1).]

Textual Amendments

F1 Reg. 38(3) inserted (16.5.2017) by The Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/86), regs. 1, 21

Commencement Information

I1 Reg. 38 in operation at 4.1.2007, see reg. 1

[F2 Review N.I.

39— (1) The Department must from time to time—

(a) carry out a review of the regulatory provision in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory provision;

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(3) The first report must be published before the end of the period of five years beginning with the date of coming into operation of this regulation.

(4) Subsequent reports under this regulation must be published at intervals not exceeding five years.

(5) In this regulation, “regulatory provision” has the meaning given by section 32(4) of the Small Business, Enterprise and Employment Act 2015.]

Textual Amendments

F2 Reg. 39 inserted (16.5.2017) by The Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/86), regs. 1, 22

(1)

S.I. 2000/84