Drainage (Northern Ireland) Order 1973

Article 12A

[F1 SCHEDULE 2B N.I. SELECTION CRITERIA F2 ...

F1 Schs. 2A-2C substituted (16.5.2017) by The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/88), reg. 1, Sch.

F2 Words in Sch. 2B heading omitted (31.12.2020) by virtue of The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/31), regs. 1(1), 2(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

Characteristics of drainage works or drainage schemes “the works” N.I.

1.   The characteristics of drainage works or drainage schemes must be considered having regard, in particular, to—

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

(b) their cumulative effects with other existing or approved works;

(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 or disasters which are relevant to the works concerned, including those caused by climate change, in accordance with scientific knowledge, having regard in particular to substances or technologies used;

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

Location of drainage works or drainage schemes N.I.

2.   The environmental sensitivity of geographical areas likely to be affected by the works must be considered, having regard in particular, to—

(a) the existing and approved land use;

(b) the relative abundance, availability, 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 then 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 under [F3 [F4 assimilated] law or under any statutory provision; Natura 2000 (as defined in regulation 2(2) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995);]

(vi) areas in which there has already been a failure to meet the environmental quality standards, laid down in [F5 [F4 assimilated] law] and relevant to the project, or in which it is considered that there is such a failure;

(vii) densely populated areas;

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

F3 Words in Sch. 2B para. 2(c)(v) substituted (31.12.2020) by The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/31), regs. 1(1), 2(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Sch. 2B substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 8(2)(b)

F5 Words in Sch. 2B para. 2(c)(vi) substituted (31.12.2020) by The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/31), regs. 1(1), 2(9)(c); 2020 c. 1, Sch. 5 para. 1(1)

Type and characteristics of the potential impact N.I.

3.   The likely significant effects on the environment must be considered in relation to the criteria set out under paragraphs 1 and 2 with regard to the impact of the works on the factors [F6 set out in paragraph 1 of Schedule 2C] , and having regard, in particular, to—

(a) the magnitude and spatial extent of the impact of the works (for example the 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 accumulation of the impact with the impact of other existing and/or approved projects;

(h) the possibility of effectively reducing the impact.”.]

F6 Words in Sch. 2B para. 3 substituted (31.12.2020) by The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/31), regs. 1(1), 2(9)(d); 2020 c. 1, Sch. 5 para. 1(1)