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

Regulation 6(5)(a)(iii)

SCHEDULE 2 N.I. Selection Criteria for Relevant Projects

Characteristics of projects N.I.

1.  The characteristics of projects must be considered having regard, in particular, to—

(a) the size and design of the whole project;

(b) the cumulation with other existing and/or projects;

(c) the use of natural resources, in particular land, soil, water and biodiversity;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge;

(g) the risks to human health (for example due to water consumption or air pollution).

Location of projects N.I.

2.  The environmental sensitivity of geographical areas likely to be affected by projects must be considered, with particular regard to—

(a) the existing and approved land use;

(b) the relative abundance, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands, riparian areas, river mouths;

(ii) coastal zones and the marine environment;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected in accordance with EEA States' legislation; Natura 2000 areas F1 ...;

(vi) areas in which there has already been a failure to meet the environmental quality standards laid down in Union legislation [F2 prior to exit day or retained EU law] and relevant to the project, or in which it is considered that there is such a failure;

(vii) densely populated areas;

(viii) landscapes of historical, cultural or archaeological significance.

Textual Amendments

F1 Words in Sch. 2 para. 2(c)(v) omitted (31.1.2020) by virtue of The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 5(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 2 para. 2(c)(vi) inserted (31.1.2020) by The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 5(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Characteristics of the potential impact N.I.

3.  The likely significant effects of projects on the environment must be considered in relation to criteria set out in accordance with paragraphs 1 and 2 of this Schedule, with regard to the impact of the project on the factors specified in regulation 4(1), taking into account —

(a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

(b) the nature of the impact;

(c) the transboundary nature of the impact;

(d) the intensity and complexity of the impact;

(e) the probability of the impact;

(f) the expected onset, duration, frequency and reversibility of the impact;

(g) the cumulation of the impact with the impact of other existing and/or approved projects;

(h) the possibility of effectively reducing the impact.