The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

Screening notices N.I.

6.—(1) The Department may by notice direct that thresholds under these Regulations do not apply to an area of land specified in the notice by serving a notice under this regulation.

(2) The Department may only serve a screening notice if—

(a) it reasonably believes that a project is likely to be carried out on the land;

(b) the extent of the project would fall below the threshold applicable to it under these Regulations in the area where it would be carried out; and

(c) it considers, in accordance with the selection criteria in Schedule 2, that the project would be likely to have significant effects on the environment.

(3) A screening notice cannot—

(a) apply for more than five years from the date it is served; or

(b) relate to an area of land which is greater than the area on which the Department reasonably considers the project is likely to be carried out and in any event—

(i) in the case of a notice relating to uncultivated land projects, to an area greater than 2 hectares, or

(ii) in the case of a notice relating to restructuring projects, to an area greater than 100 hectares.

(4) A screening notice must—

(a) state whether it applies to—

(i) uncultivated land projects,

(ii) restructuring projects, or

(iii) both such projects;

(b) contain the reasons why it is being served;

(c) contain details of the land to which it applies and, in the case of a screening notice which applies to both uncultivated land projects and restructuring projects, details of which land is covered by which aspect of the notice;

(d) contain the date on which it expires; and

(e) explain the procedures for appealing against it.

(5) A copy of the screening notice must be served on every owner and occupier of the land.

Commencement Information

I1 Reg. 6 in operation at 5.11.2007, see reg. 1