The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018

Amendments to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 N.I.

9.—(1) The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 shall be amended as follows—

(2) In regulation 2(2)—

(a) at the end of the definition of “the Directive” insert “as it had effect immediately before exit day”; and

(b) for the definition of “Union legislation” substitute—

““Union legislation” means retained EU law;”.

(3) In regulation 3—

(a) in paragraph (1)(b), omit “in accordance with Article 2.4 of the Directive (but without prejudice to Article 7 of the Directive),”;

(b) after paragraph (1) insert—

“(1A) The Department must not make a direction under paragraph (1)(b) that a project is exempt unless, where the Department considers that the development is likely to have significant effects on the environment in an EEA State, or where an EEA State likely to be significantly affected so requests, the Department has carried out a form of consultation with that EEA State broadly equivalent to the form described in regulation 29 or 30, as appropriate, or is satisfied that such an equivalent consultation has been carried out, before planning permission or subsequent consent is granted in respect of the development.”; and

(c) after paragraph (3) insert—

“(4) Before planning permission or subsequent consent is given in respect of a development which is exempt under paragraph (1)(b), the council or, as the case may be, the Department, must take into account the results of—

(a) any other assessment considered appropriate by the Department under paragraph (3)(b); and

(b) any consultation with an EEA State carried out under paragraph (1A) about the development.”

(4) In regulation 5(2)(b) after “under” insert “any law that implemented”.

(5) In regulation 29—

(a) in the heading and in paragraphs (1), (2) and (3), for “another”, in each place it occurs, substitute “an”;

(b) in paragraph (5) for “referred to in Article 6.1 of the Directive” substitute “which the EEA State designated to be consulted about the project”; and

(c) in paragraph (6)(b) omit “other”.

(6) In regulation 30—

(a) in the heading for “another” substitute “an”;

(b) in paragraph (1)—

(i) for “another” substitute “an”;

(ii) omit “, pursuant to Article 7.1 or 7.2 of the Directive,”;

(iii) omit “, in accordance with Article 7.4 of the Directive”; and

(iv) in sub-paragraph (b)—

(aa) for “in that EEA State” substitute “(which the EEA State designated as responsible for performing the duties arising from the Directive)”; and

(bb) omit “pursuant to Article 7.3(b) of the Directive”; and

(c) in paragraph (2)(c) omit “in order to comply with Article 9.2 of the Directive”.

(7) In regulation 32, after the word “compliance” substitute “with the requirements of any law which implemented the Directive and the objectives of the Directive”.

(8) In regulation 40(a), in the text substituting regulation 29(1), for “another” substitute “an”.

(9) In Schedule 1—

(a) in paragraph 22 after “pursuant to” insert “Chapter 3 of Part 1 of the Energy Act 2008(1) and any law that implemented”; and

(b) in paragraph 23 after “pursuant to” insert “Chapter 3 of Part 1 of the Energy Act 2008 and any law that implemented”.

(10) In Schedule 2, in the table in paragraph 1 in item 3(k), after “pursuant to” insert “Chapter 3 of Part 1 of the Energy Act 2008 and any law that implemented”.

(11) In Schedule 4—

(a) in paragraph 5—

(i) for “Member State level” substitute “United Kingdom level (as they had effect immediately before exit day)”; and

(ii) after “those established under” insert “any law that implemented”; and

(b) in paragraph 8—

(i) after “such as” insert “any law that implemented”; and

(ii) after “requirements of” insert “any law that implemented”.

Commencement Information

I1 Reg. 9(1)(2)(3)(a)(4)-(11) in force at 31.12.2020 (in force on IP completion day in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I2 Reg. 9(3)(b)(c) in force at 31.12.2020 immediately before IP completion day, see reg. 1(3)

(1)

2008 c. 32