The Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003

Applications relating to harbour works where a prior opinion has not been given

6.—(1) This regulation shall apply where an application is made for approval to undertake harbour works and an opinion has not been given to the developer under regulation 4(1) in relation to the application.

(2) In any case to which this regulation applies –

(a) the appropriate Department shall consider whether the application relates in whole or in part to harbour works to which these Regulations apply and shall reach a decision thereon as soon as reasonably practicable, and

(b) if the appropriate Department determines that the application relates in whole or in part to harbour works to which these Regulations apply, the developer shall not commence the proposed works unless paragraph (4) or (8) applies or the appropriate Department consents thereto under regulation 11(2).

(3) The appropriate Department may require the developer to provide it with such of the following information as it deems necessary to enable it to consider whether the proposed harbour works constitute a project falling within Annex I or Annex II to the Directive, and if within Annex II, to determine whether (after taking into account the selection criteria) they constitute a relevant project –

(a) a plan sufficient to identify the location of the proposed harbour works;

(b) a brief description of the nature and purpose of the proposed harbour works and of their possible effects on the environment;

(c) plans and sections showing the lines, situation and levels of the proposed harbour works; and

(d) such further information as it may specify in a particular case.

(4) Where it appears to the appropriate Department that the proposed harbour works do not constitute a project falling within Annex I or Annex II to the Directive, it shall in writing notify its decision to the developer and subject to paragraph (7) it shall take no further action on the application pursuant to these Regulations.

(5) Where it appears to the appropriate Department that the proposed harbour works constitute a project falling within Annex I to the Directive –

(a) it shall in writing notify its decision and the reason for its decision to the developer, and

(b) paragraph (10) shall apply.

(6) Where it appears to the appropriate Department that the proposed harbour works constitute a project falling within Annex II to the Directive –

(a) it shall determine whether, taking into account the selection criteria, the works constitute a relevant project,

(b) shall in writing notify its decision to the developer, and

(c) where it determines that, taking into account the selection criteria, the works constitute a relevant project it shall in writing notify the reasons for its decision to the developer.

(7) The appropriate Department shall make available for public inspection at all reasonable hours at a place within the locality of the harbour where the harbour works are proposed to be carried out, a copy of –

(a) its decision under paragraph (4), (5) or (6)(a), and

(b) any accompanying statement of reasons under paragraph (5) or (6)(c).

(8) Where the appropriate Department decides pursuant to paragraph (6)(a) that the works do not constitute a relevant project, then subject to the provisions of paragraphs (6) and (7) it shall take no further action on the application pursuant to these Regulations.

(9) Where the appropriate Department decides pursuant to paragraph (6)(a) that the works constitute a relevant project, paragraph (10) shall apply.

(10) Where this paragraph applies, the appropriate Department shall direct the developer to supply it, in such form as it may specify, with an environmental statement which includes so much of the information referred to in Schedule 1 as the appropriate Department considers –

(a) is relevant to its decision under regulation 11 and to the specific characteristics of the proposed harbour works to which the application relates and to the environmental features likely to be affected; and

(b) (having regard inter alia to current knowledge and methods of assessment) the developer may reasonably be required to compile.