Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations (Northern Ireland) 1999

Explanatory Note

(This note is not part of the Regulations.)

These Regulations implement for Northern Ireland Council Directive 85/337/EEC (O.J. No. L175, 5.7.85, p. 40) as amended by Council Directive 97/11/EC (O.J. No. L73, 14.3.97, p. 5) (“the Directive”) insofar as that Directive relates to the assessment of the environmental effects of certain projects in respect of fish farming in marine waters.

The Regulations apply to applications as regards fish farming in marine waters, made on or after 8th November 1999, where any part of the proposed development is in a sensitive area, or the proposed development is designed to hold a biomass of 100 tonnes or greater, or will extend to 0.1 hectare or more of the surface area. The Regulations provide for decisions on whether consideration of environmental information in respect of such applications for fish farming in marine waters is required to be taken by the Department of Agriculture (“the Department”). “Fish farming” is defined in regulation 2(1) and excludes shellfish farming.

Regulation 3 provides that the Department shall not grant a fish culture licence under section 11 of the Fisheries Act (Northern Ireland) 1966 as regards fish farming in marine waters where the project is likely to have significant effects on the environment, without taking into consideration environmental information in respect of the proposed project.

Regulation 4 provides procedures for allowing a person proposing to apply for such a licence to seek a screening opinion from the Department, being an opinion as to whether an environmental assessment is required in relation to the proposed application.

Regulation 5 provides for an application for a fish culture licence as regards fish farming in marine waters, without an environmental statement, to be treated as a request for a screening opinion under regulation 4.

Regulation 6 enables a person proposing to apply for a fish culture licence as regards fish farming in marine waters to seek from the Department a scoping opinion, being an opinion as to the information to be provided in the environmental statement.

Regulation 7 provides that any bodies with relevant information in their possession shall make it available to the applicant.

Regulation 8 provides that the environmental statement shall be publicised through press advertisement and made available for public inspection, with the opportunity for representations to be made.

Regulation 9 provides that the Department shall consult the bodies mentioned in Schedule 3 about the environmental statement.

Regulation 10 enables the Department when taking into consideration environmental information, to require further information or the verification of information.

Regulation 11 requires the Department to publicise its decision in cases involving consideration of environmental information.

Regulation 12 provides that the Water Appeals Commission for Northern Ireland shall not dispose of any appeal in relation to an application for a fish culture licence as regards fish farming in marine waters where the proposed development will be likely to have significant effects on the environment unless it has taken into consideration environmental information in respect of the proposed development.

Regulation 13 provides that a reasonable charge may be made for making available copies of the environmental statement and of any relevant information in the preparation of the statement.

Regulation 14 implements Article 7 of the Directive by providing for consultation between Members States in cases of development likely to have significant effects in another Member State.

Schedule 1 describes the selection criteria in relation to screening opinions of the Department. Schedule 2 sets out the information that is required in an environmental statement. Schedule 3 lists the bodies to be consulted by the Department under the Regulations.