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The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017
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Environmental impact assessmentN.I.
This section has no associated Explanatory Memorandum
5.—(1) An environmental impact assessment is a process consisting of—
(a)the preparation of an environmental statement by the applicant;
(b)any consultation, publication and notification required by, or by virtue of, these Regulations or any other enactment in respect of EIA development; and
(c)the steps required under regulations 24 and 25.
(2) The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed development on the following factors—
(a)population and human health;
(b)biodiversity, with particular attention to species and habitats protected under [F1any law that implemented] Directive 92/43/EEC(1) and Directive 2009/147/EC(2);
(c)land, soil, water, air and climate;
(d)material assets, cultural heritage and the landscape ; and
(e)the interaction between the factors referred to in sub-paragraphs (a) to (d).
(3) The effects referred to in paragraph (2) on the factors set out in that paragraph shall include—
(a)the operational effects of the proposed development, where the proposed development will have operational effects; and
(b)the expected effects deriving from the vulnerability of the proposed development to risks of major accidents or disasters that are relevant to the proposed development.
(4) The council, the Department or the Commission, as the case may be, shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental statement.
Textual Amendments
F1Words in reg. 5(2)(b) inserted (31.12.2020) by The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (S.I. 2018/1235), regs. 1(2), 9(4); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 5 in operation at 16.5.2017, see reg. 1
(1)
O.J. No. L206, 22.7.92, p.7
(2)
O.J. No. L20, 26.1.2010, p.7
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