The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

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InterpretationN.I.

2.—(1) In these Regulations—

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding or keeping, the use of land as grazing land, meadowland, osier land, reed beds, market gardens and nursery grounds;

“additional environmental information” means any additional information required under regulation 13(1);

“Area of Special Scientific Interest” [F1means and area so declared by Article 28 of the Environment (Northern Ireland) Order 2002;]

F2...

“consent” means consent granted under regulation 16(1);

“consultation bodies” means the consultation bodies listed in Schedule 5, and any other public authority, statutory body or other organisation which the Department may consider to have any interest in or holds any information which may be relevant to a project;

“cultivated” means cultivated by physical means (including ploughing and harrowing) or chemical means (including the application of fertilisers);

“the Department” [F3means the Department of Agriculture, Environment and Rural Affairs;]

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

F2...

“environmental statement” [F4means an environmental impact assessment report, which should be prepared by a competent expert and—

(a)

include at least the information referred to in Part 1 of Schedule 3;

(b)

is based on any scoping opinion given under regulation 10 in respect of the significant project;

(c)

any additional information which , taking into account current knowledge and methods of assessment, may reasonably required for reaching a reasoned conclusion on the significant effects of the project on the environment;

(d)

takes into account the results of any relevant UK environmental assessments which are reasonably available to the applicant, and

(e)

states the relevant expertise and qualifications of the competent person.]

[F5“EU environmental assessment” means an assessment of the effect of anything on the environment carried out under retained EU law other than any law of any part of the United Kingdom that implemented Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment;]

“European site or Area of Special Scientific Interest” [F6means a site mentioned in regulation 9 of the Habitat Regulations.]

“the Habitats Directive” means Council Directive 92/43/EEC(1) on the conservation of natural habitats and of wild fauna and flora, as last amended by [F7as last amended by Council Directive 2013/17/EU;]

“the Habitats Regulations” means the Conservation (Natural Habitats, [F8etc]) Regulations (Northern Ireland) 1995(2);

[F9“Natura 2000” means Natura 2000 as defined in regulation 2(2) of the Habitats Regulations;]

“project” means—

(c)

the execution of construction works or other installations or schemes; or

(d)

other interventions in the natural surroundings and landscape;

“the relevant land” means the land on which the project is to be (or has been) carried out;

“restructuring project” means a project for the restructuring of rural land holdings;

“screening decision” means a decision made by the Department under regulation 8(1) or a decision deemed to be made by the Department under regulation 8(7);

“screening notice” means a notice served under regulation 6;

“sensitive area” means—

(e)

an area of outstanding natural beauty designated as such by an Order made by the Department of the Environment under the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 ;

(f)

a National Park;

(g)

a scheduled monument within the meaning of section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979(3);

(h)

Special Areas of Conservation;

(i)

Special Protected Areas;

(j)

Areas of Special Scientific Interest;

“significant project” means an uncultivated land project or a restructuring project which the Department has decided under regulation 8 or is deemed to have decided under regulation 8, is likely to have significant effects on the environment;

“uncultivated land” means land which has not been cultivated in the previous 15 years;

“uncultivated land project” means a project to increase the productivity for agriculture of uncultivated land or a semi-natural area, and includes projects to increase the productivity for agriculture of such land to below the norm.

[F10“UK environmental assessments” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment;]

[F11“Union legislation” means any enactment in the domestic legislation of Northern Ireland giving effect to retained EU law]

(2) Other expressions used in both these Regulations and in the Environmental Impact AssessmentF12... [F13Habitats Regulations] have the same meanings in these Regulations as they have in the [F14Habitats Regulations].

(3) All notifications, applications, notices, representations, requests, approvals and agreements under these Regulations must be made or given in writing.

(4) “Writing” in paragraph (3), except where it applies to notices under regulations 24 and 26, includes an electronic communication within the meaning of the Electronic Communications Act 2000(4), but notifications required to be made by the Department to any person may only be made by an electronic communication if the intended recipient—

(a)has himself used that form of electronic communication in communicating with the Department under any provision in these Regulations, or

(b)has otherwise represented that that form of electronic communication is a means by which persons can communicate with him.

[F15(5) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.]

Textual Amendments

F1Words in reg. 2(1) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 3(a) (with reg. 20)

F2Words in reg. 2(1) 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), 4(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in reg. 2(1) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 3(b) (with reg. 20)

F4Words in reg. 2(1) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 3(d) (with reg. 20)

F5Words in reg. 2(1) 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), 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in reg. 2(1) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 3(e) (with reg. 20)

F7Words in reg. 2(1) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 3(f) (with reg. 20)

F8Word in reg. 2(1) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 3(g) (with reg. 20)