The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019

Amendments to the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

4.—(1) The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007(1) are amended as follows.

(2) In regulation 2(1)—

(a) for the definition of “EU environmental assessment” substitute—

““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;”;

(b) after the definition of “the Habitat Regulations” insert—

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

(c) at the end insert—

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

(d) omit the definitions of “the Birds Directive” and “the EIA Directive”;

(e) in paragraph (2)—

(i) omit “EIA Directive”;

(ii) for “or the Habitats Directive” substitute “Habitats Regulations”;

(iii) for “relevant Directive” substitute “Habitats Regulations”.

(3) In regulation 3(2)(b), for “in accordance with Article 2(4) of the EIA Directive” substitute “where the application of these Regulations would adversely affect the purpose of the project, but the objectives of these Regulations are still met”.

(4) In regulation 9A, in paragraph (3)(b), for the words after “and in particular” to the end substitute—

“—

(i) species of naturally occurring birds in the wild state as specified in Directive 2009/14//EC on the conservation of wild birds;

(ii) natural habitat types in Annex 1 to the Habitats Directive;

(iii) animal and plant species in Annex 2 or 4 of the Habitats Directive.”.

(5) In regulation 14—

(a) in the heading and in paragraph (1), for “another” substitute “an”;

(b) in paragraph (5)(a), for “referred to in Article 6(1) of the EIA Directive” substitute “which the EEA State designated to be consulted about the project”;

(c) in paragraph (6) omit “In accordance with Article 7(4) of the EIA Directive,”.

(6) In regulation 15—

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

(b) in paragraph (1), for the words from “If the Department” to “the Department shall” substitute—

“(1) If the Department receives information from an EEA State in relation to a significant project in that EEA State, the Department shall”;

(c) in paragraph (2) omit “In accordance with Article 7(4) of the EIA Directive,”;

(d) in paragraph (3)—

(i) for “another” substitute “an”;

(ii) omit “in accordance with Article 9(2) of the EIA Directive”.

(7) In regulation 16(4)(c), for “another” substitute “an”.

(8) In regulation 17—

(a) in paragraph (5), for “European Commission” substitute “Department”;

(b) in paragraph (6), omit “(within the meaning of regulation 2(1) of the Habitats Regulations)”.

(9) In Schedule 2, in paragraph 2(c)(v), omit the words from “designated” to the end.

(10) In Schedule 3—

(a) in paragraph 5, for “at Union or Member State Level” substitute “in Union legislation or under other national legislation”;

(b) in paragraph 8, for the second sentence substitute—

“Relevant information available and obtained through risk assessments pursuant to Union legislation or UK environmental assessments may be used for this purpose provided that the requirements of any law 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 are met.”.

(1)

S.R. 2007 No. 421, amended by S.R. 2008 No. 278, 2017 No. 198.