The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 No. 200

Regulation 6

SCHEDULE 5Amendment of the Conservation and Environmental Impact Assessment Provisions

The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

1. The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995(1) are amended as follows.

(1) In regulation 2(2A)(a), for heads (i) and (ii) substitute—

“(i)“the Habitats Directive” means Council Directive 92/43/EEC(2) on the conservation of natural habitats and of wild fauna and flora, as last amended by Council Directive 2013/17/EU(3);

(ii)“the Wild Birds Directive” means Directive 2009/147/EC(4)of the European Parliament and of the Council on the conservation of wild birds, as last amended by Council Directive 2013/17/EU; and,”.

The Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004

2. The Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004(5) are amended as follows.

3. In regulation 2(1) (Interpretation), in the definition of “the Habitats Directive”, for “97/62/EC” substitute “2013/17/EU(6)”;

4. In regulation 5(2) (Environmental assessment for plans and programmes: first formal preparatory act on or after 21 July 2004), for sub-paragraph (b) substitute—

“(b)sets the framework for future development consent of projects listed in Annex I or II to Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment as last amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 (7)”;

5. In Schedule 2 (information on environmental reports), in paragraph 4, for “ Council Directive 79/409/EEC on the conservation of wild birds” substitute “Council Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds as last amended by Council Directive 2013/17/EU”.

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

6. The Environmental Assessment (Forestry) Regulations (Northern Ireland) 2006(8) are amended as follows.

7. In Schedule 1 (Information for inclusion in Environmental Statements), in paragraph 9 after “nuclear installations” insert “as last amended by Council Directive 2014/87/Euratom (9)”;

8. In Schedule 3 (Projects having significant effects on the environment: selection criteria), in paragraph 2(c)(v) at the end add “as each last amended by Council Directive 2013/17/EU(10)”;

9. In Schedule 4 (Environmental factors), in paragraph (b) at the end add “as last amended by Council Directive 2013/17/EU”.

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

10. The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007(11) are amended as follows.

11. In Schedule 2 paragraph 2(c)(v) for “Directive 92/43/EEC and Directive 2009/147/EEC” substitute “the Habitats Directive or the Birds Directive”;

12. In Schedule 3 (Information for inclusion in the environmental statements) in Part 2, paragraph 8 after “Council Directive 2009/71/Euratom” insert “(as amended by Council Directive 2014/87/Euratom(12))”.

The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

13. The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017(13) are amended as follows.

14. In regulation 4(b) at the end add “as each last amended by Council Directive 2013/17/EU(14)”.

15. In Schedule 3 (Information about Proposed Project), in paragraph 8 after “Council Directive 2009/71/Euratom” insert “(as amended by Council Directive 2014/87/Euratom)(15)”.

(1)

S.R.1995 No. 380 as amended by S.R.2004 No. 435, S.R. 2007 No. 345, S.R. 2009 No. 8, S.R. 2011 No. 216, S.R. 2012 No. 368, 2013 c.10 (N.I.) and S.R. 2015 No. 182

(2)

OJ No L 206, 22.7.1992, p.7, as amended by Council Directive 97/62/EC of 27 October 1997 OJ No L 305 p. 42, 8.11.1997; Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 OJ No L 284 p.1, 31.10.2003; Council Directive 2006/105/EC of 20 November 2006 OJ No L 363 p.368, 20.12.2006; and, last amended by Council Directive 2013/17/EU of 13 May 2013 OJ No L 158, p.193, 10.6.2013. Further amendments were made by Treaties of Accession in 2003 and 2007 and for corrections see OJ No L 176, 20.7.1993, p. 29 (1992/43) and OJ No L 80, 21.3.2007, p.15

(3)

OJ No L 158, 10.6.2013, p.193

(4)

OJ No L 20, 26.1.2010, p.7, as last amended by Council Directive 2013/17/EU (OJ No L 158, 10.6.2013, p.193). This instrument codifies, with minor amendments, Council Directive 1979/409/EEC as amended.

(5)

S.R. 2004 No. 280

(6)

OJ No L 20, 26.1.2010, p.7, as amended by OJ No L 158, 10.6.2013 p.193

(7)

OJ No L 26, 28.1.2012 as amended by OJ No L 124, 25.4.2014, p.1-18

(8)

S.R. 2006 No. 518 as amended by S.R. 2007 No. 355 and S.R. 2017 No. 86

(9)

OJ No L 219, 25.7.2014, p.42-52

(10)

OJ No L 158, 10.6.2013, p.193