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

Regulations 2(1) and 13(2)

[F1 SCHEDULE 1 N.I. Information for inclusion in Environmental Statements

Textual Amendments

F1 Sch. 1 substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/86), reg. 1, Sch. 1

PART 1 N.I.

1.   A description of the project, including in particular— N.I.

(a) a description of the location of the project;

(b) a description of the physical characteristics of the whole project, including where relevant requisite demolition works, and the land-use requirements during the construction and operational phases;

(c) a description of the main characteristics of the operational phase of the project (in particular, any production processes), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

(d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and sub-soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed project.

2.   A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the proposed project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects. N.I.

3.   A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge. N.I.

4.   A description of the factors specified in Schedule 4 likely to be significantly affected by the project— N.I.

• population, human health;

• biodiversity (for example flora and fauna);

• land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air and climate (for example greenhouse gas emissions, impacts relevant to adaptation);

• material assets, cultural heritage, including architectural and archaeological aspects, and landscapes.

5.   A description of the likely significant effects of the project on the environment resulting from, amongst others— N.I.

(a) the construction and existence of the project, including, where relevant, demolition works;

(b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

(c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances and the disposal and recovery of waste;

(d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

(e) the cumulation of effects with existing or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f) the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

(g) the technologies used.

6.   The description of the likely significant effects on the factors specified in Schedule 4 must cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent or temporary, positive and negative effects of the project. This description must take into account the environmental protection objectives [F2 in retained EU law or under other national legislation] which are relevant to the project. N.I.

Textual Amendments

F2 Words in Sch. 1 para. 6 substituted (31.12.2020) by The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 3(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

7.   A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved. N.I.

8.   A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description must explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and must cover both the construction and operational phases. N.I.

9.   A description of the expected significant adverse effects of the project on the environment deriving from the vulnerability of the project to risks of major accidents and/or disasters which are relevant to the project concerned. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies. N.I.

[F3 Relevant information available and obtained through risk assessments pursuant to retained EU law or UK environmental assessments may be used for this purpose provided that the requirements of any law that implements the Directive are met.]

Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

Textual Amendments

F3 Words in Sch. 1 para. 9 substituted (31.12.2020) by The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 3(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

10.   A non-technical summary of the information provided under paragraphs 1 to 9 above. N.I.

11.   A reference list detailing the sources used for the descriptions and assessments included in the statement. N.I.

PART 2 N.I.

1.   A description of the project comprising information on the site, design and size and other relevant features of the project. N.I.

2.   A description of the likely significant effects of the project on the environment. N.I.

3.   A description of any features of the project, or measures envisaged in order to avoid, prevent or reduce and, if possible offset likely significant adverse effects on the environment. N.I.

4.   A description of the reasonable alternatives studied by the applicant which are relevant to the project and its specific characteristics, and an indication of the main reasons for the options chosen, taking into account the effects of the project on the environment. N.I.

5.   A non-technical summary of the information provided under paragraphs 1 to 4.] N.I.

Regulations 3(3), 7(3) and 7(6)

SCHEDULE 2 N.I. Thresholds for identification of projects likely to have significant effects on the environment

Interpretation N.I.

1.  For the purposes of this Schedule—

“sensitive areas” means—

(a)

land to which Article 14(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (1)(in this paragraph the 1985 Order) applies (areas of outstanding natural beauty);

(b)

land notified under Article 28 of the Environment (Northern Ireland) Order 2002 (2)(areas of special scientific interest);

(c)

a national park within the meaning of the 1985 Order;

(d)

a nature reserve within the meaning of the 1985 Order;

(e)

a property appearing on the World Heritage List kept under Article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage(3);

(f)

a scheduled historic monument within the meaning of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995(4);

(g)

a European site within the meaning of regulation 9 of the [F4 Habitats Regulations] ;

“specified threshold” means any threshold specified in hectares in Column 2 or 3 of the Table in paragraph 2.

Textual Amendments

F4 Words in Sch. 2 para. 1(g) substituted (31.12.2020) by The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 3(8); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Sch. 2 para. 1 in operation at 4.1.2007, see reg. 1

Thresholds N.I.

2.  Subject to paragraph 3, for the purposes of regulation 3(3), the threshold for any project of a type specified in an entry in Column 1 in the Table is the area (if any) specified in the corresponding entry in Column 2 or 3 of the Table, whichever is appropriate to the land covered, or proposed to be covered, by that project.

Table 1

Column 1	Column 2	Column 3
Type of Project	Threshold where any part of the land is in a sensitive area	Threshold where no part of the land is in a sensitive area
Afforestation	2 hectares where the sensitive area is a national park or an area of outstanding natural beauty. No threshold in the case of other sensitive areas.	5 hectares
Deforestation	0.5 hectares where the sensitive area is a national park or an area of outstanding natural beauty. No threshold in the case of other sensitive areas	1 hectare
Forest Road Works	No threshold	1 hectare
Forest Quarry Works	No threshold	1 hectare

Commencement Information

I2 Sch. 2 para. 2 in operation at 4.1.2007, see reg. 1

Thresholds for extending projects N.I.

3.—(1) Where the project under consideration is an extending project—

(a) the threshold specified in the Table in paragraph 2 shall not apply; and

(b) the threshold applicable for that project for the purposes of regulation 3(3) shall be instead such balance (if any), in hectares, of the area specified in Column 2 or, as the case may be, Column 3 in that Table opposite the entry in Column 1 for that type of project as remains after deduction of the accumulated material past project area.

(2) For the purposes of sub-paragraph (1)(b), it is immaterial whether any part of the accumulated material past project area is, or is not, in a sensitive area (or any kind of sensitive area).

(3) In this paragraph —

“extending project” means any project covering, or proposed to cover, land adjoining the area of one or more material past projects;

“material past project”, in relation to a particular extending project, means a project which —

(a)

is of the same type (as specified in regulation 3(2)) as that extending project; and

(b)

was completed after the coming into operation of these Regulations; and

(c)

was completed not more than five years before the proposed date for starting the work relating to that extending project;

“accumulated material past project area”, in relation to a particular extending project, means the total area covered by —

(d)

the material past project or, if more than one, all of them; and

(e)

every other project —

(i)

whose area adjoins the material past project, or one of them; and

(ii)

which satisfies conditions (a) to (c) in the definition of “material past project”.

Commencement Information

I3 Sch. 2 para. 3 in operation at 4.1.2007, see reg. 1

Consideration of thresholds in other cases where a project adjoins or is near another project N.I.

4.—(1) The facts —

(a) that a project is or would be adjoining or, in the opinion of the Department, near another project of any type specified in regulation 3(2); and

(b) that, for any reason, the case in question does not fall within paragraph 3,

may be regarded by the Department as rendering the circumstances of that project exceptional for the purposes of regulation 7(3).

(2) This paragraph—

(a) shall not affect the application of those regulations in a case which does fall within paragraph 3; and

(b) shall not be interpreted as limiting the generality of the references in those regulations to circumstances which are, in the opinion of the Department, exceptional.

Commencement Information

I4 Sch. 2 para. 4 in operation at 4.1.2007, see reg. 1

Regulation 6

[F5 SCHEDULE 2A N.I. Information to be provided by the proposer for an application for an opinion whether a project is a relevant project

Textual Amendments

F5 Sch. 2A inserted (16.5.2017) by The Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/86), reg. 1, Sch. 2A

1.   A description of the project including, in particular— N.I.

(a) a description of the physical characteristics of the whole project and where relevant, of demolition works; and

(b) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected.

2.   A description of the aspects of the environment likely to be significantly affected by the project. N.I.

3.   A description of any likely significant effects of the project on the environment, to the extent of the information available on such effects, resulting from— N.I.

(a) the expected residues and emission and the production of waste, where relevant; and

(b) the use of natural resources, in particular soil, land, water and biodiversity.]

Regulations 6, 7(2) and (3) and 28

[F6 SCHEDULE 3 N.I. Projects having significant effects on the environment: selection criteria

Textual Amendments

F6 Sch. 3 substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/86), reg. 1, Sch. 3

Characteristics of projects N.I.

1.   The characteristics of projects must be considered with particular regard to—

(a) the size and design of the project;

(b) cumulation with other existing or approved projects;

(c) the use of natural resources, in particular land, soil, water and biodiversity;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of major accidents or disasters relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge;

(g) the risks to human health (for example, due to water contamination or air pollution).

Location of the project N.I.

2.   The environmental sensitivity of geographical areas likely to be affected by projects must be considered with particular regard to—

(a) the existing and approved land use;

(b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands, riparian areas, river mouths;

(ii) coastal zones and the marine environment;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under national legislation; Natura 2000 areas F7 ... ;

(vi) areas in which there has already been a failure to meet the environmental quality standards, laid down in legislation and relevant to the project, or in which it is considered that there is such a failure;

(vii) densely populated areas;

(viii) landscapes and sites of historical, cultural or archaeological significance.

Textual Amendments

F7 Words in Sch. 3 para. 2(c)(v) omitted (31.12.2020) by virtue of The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 3(9); 2020 c. 1, Sch. 5 para. 1(1)

Types of characteristics of the potential impact N.I.

3.   The likely significant effects of the project on the environment must be considered in relation to criteria set out in paragraphs 1 and 2 above, with regard to the impact of the project on the factors specified in Schedule 4, taking into account—

(a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

(b) the nature of the impact;

(c) the transboundary nature of the impact;

(d) the intensity and complexity of the impact;

(e) the probability of the impact;

(f) the expected onset, duration, frequency and reversibility of the impact;

(g) the cumulation of the impact with the impact of other existing or approved projects;

(h) the possibility of effectively reducing the impact.]

Regulations 16(3) and 36(1)

[F8 SCHEDULE 4 N.I. Environmental factors

Textual Amendments

F8 Sch. 4 substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/86), reg. 1, Sch. 4

The factors specified are—

(a)

population and human health;

(b)

biodiversity, with particular attention

(c)

land, soil, water, air and climate;

[F9 —

(i)

species of naturally occurring birds in the wild state as specified in Directive 2009/147/EC on the conservation of wild birds;

(ii)

natural habitat types in Annex 1 to Directive 92/43;

(iii)

animal and plant species in Annex 2 or 4 to Directive 92/43.]

(d)

material assets, cultural heritage and the landscape;

(e)

the interaction between the factors mentioned in paragraphs (a) to (d); above and

(f)

the expected effects on those factors deriving from the vulnerability of the project to risks of major accidents and/or disasters that are relevant to the project concerned.]

Textual Amendments

F9 Words in Sch. 4 substituted (31.12.2020) by The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 3(10); 2020 c. 1, Sch. 5 para. 1(1)

Regulation 18(6), 36(5)

SCHEDULE 5 N.I. Delegation of appellate functions

1.  In this Schedule “appointed person” means a person appointed under regulation 18(6) or 36(5) and “appointment” means an appointment under those regulations. N.I.

Commencement Information

I5 Sch. 5 para. 1 in operation at 4.1.2007, see reg. 1

2.  An appointment must be in writing and — N.I.

(a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;

(b) shall provide for the appointed person to determine the appeal or matter specified in the appointment;

(c) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

(d) may, by notice in writing given to the appointed person, be revoked at any time by the Department in respect of any appeal or matter which has not been determined by the appointed person before that time.

Commencement Information

I6 Sch. 5 para. 2 in operation at 4.1.2007, see reg. 1

3.  Where an appointed person holds a hearing, whether public or otherwise, an assessor may be appointed by the Department to sit with the appointed person at the inquiry or hearing and advise him on any matters arising. N.I.

Commencement Information

I7 Sch. 5 para. 3 in operation at 4.1.2007, see reg. 1

4.  Subject to regulation 18, the costs of a hearing by an appointed person shall be defrayed by the Department. N.I.

Commencement Information

I8 Sch. 5 para. 4 in operation at 4.1.2007, see reg. 1

5.—(1) Where under paragraph 2(d) the appointment of the appointed person is revoked in respect of any appeal or matter, the Department shall appoint another person under regulation 18(6) or 36(5) to determine the appeal or matter instead. N.I.

(2) Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.

(3) Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Commencement Information

I9 Sch. 5 para. 5 in operation at 4.1.2007, see reg. 1

6.—(1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the Department. N.I.

(2) Sub-paragraph (1) shall not apply —

(a) for the purposes of so much of any contract made between the Department and the appointed person as relates to the exercise of the function; or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.

Commencement Information

I10 Sch. 5 para. 6 in operation at 4.1.2007, see reg. 1

(1)

S.I. 1985/170 (N.I. 1)

(2)

S.I. 2002/3153 (N.I. 7)

(3)

See Command Paper 9424

(4)

S.I. 1995/1625 (N.I. 9)