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

Opinion of the Department N.I.

7.— [F1 (1) Where a proposer applies to the Department under regulation 6, the Department shall give to him written notice of its opinion within 90 days beginning with the date of its receipt of the application or, where it notifies the proposer under regulation 6(3) that it requires further information, the date of its receipt of that information.

(1A) In exceptional cases, where the nature, complexity, location or size of the works demands a longer period for determination, the Department may extend the deadline in paragraph (1), informing the proposer in writing of the reasons justifying the extension and of the date on which its determination is expected.]

(2) Subject to paragraph (3), in considering, for the purpose of forming its opinion, whether the project is likely to have significant effects on the environment the Department shall—

(a) take into account the selection criteria in Schedule 3; and

(b) consult with the consultation bodies.

(3) In a case where the project does not exceed any relevant threshold set out in Schedule 2, the Department shall form its opinion in accordance with regulation 3(3) except where, in its opinion, there are exceptional circumstances which, taking account of the selection criteria in Schedule 3, make it likely that the project will have significant effects on the environment.

(4) Where the opinion of the Department is that the project is a relevant project, the Department shall include in, or provide with, its opinion a written statement of its reasons for being of that opinion.

[F2 (4A) Where the opinion of the Department is that a project is not a relevant project because an environmental assessment is not required, the Department must state the main reasons for not requiring such assessment, with reference to the relevant selection criteria in Schedule 3, and where proposed by the proposer, state any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.]

[F3 (5) The Department may, in the absence of an application under regulation 6, give its opinion whether or not a project is or would be a relevant project and where it gives an opinion under this paragraph—

(a) it shall give written notice of its opinion to any person who reasonably appears to it to be the proposer; and

(b) paragraphs (2), (3), (4), (4A), (5) and (7) shall apply as they do to an opinion given under paragraph (1).]

(6) In paragraph (3), the reference to circumstances which are, in the opinion of the Department, exceptional shall be construed in accordance with paragraph 4 of Schedule 2.

(7) The Department shall by general and local advertisement —

(a) publish a copy of any opinion given pursuant to this regulation;

(b) publish copies of any relevant application under regulation 6(1) and a description of the documents which accompanied it;

(c) state that any person may make representations to the Department in writing in relation to the likely environmental effects of the project to which the application relates at an address specified in the notice within 28 days of the date of the publication of the notice in the Belfast Gazette; and

(d) describe what other information relating to the environmental effects of the proposed project is available and give details of where it can be obtained.

Textual Amendments

F1 Reg. 7(1)(1A) substituted for reg. 7(1) (16.5.2017) by The Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/86), regs. 1, 8(a)

F2 Reg. 7(4A) added (16.5.2017) by The Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/86), regs. 1, 8(b)

F3 Reg. 7(5) substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/86), regs. 1, 8(c)

Commencement Information

I1 Reg. 7 in operation at 4.1.2007, see reg. 1