Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 1999

Explanatory Note

(This note is not part of the regulations.)

These regulations implement in Northern Ireland Council Directive 97/11/EC of the 3rd March 1997 (O.J. No. L73, 14.3.97, p. 5) on the assessment of the effects of certain public and private projects on the environment, in respect of those proposals to construct new roads and to improve roads to which the Directive applies. The Directive amends Council Directive 85/337/EEC of the 27th June 1985 (O.J. No. L17, 5.7.85, p. 40) on the same subject.

The regulations further amend Article 67 of the Roads (Northern Ireland) Order 1993. Pursuant to the amendments the Department is required to determine the need to carry out an environmental assessment in respect of projects falling within Annex II of the amended Directive in accordance with a case-by-case examination or thresholds or criteria set by it taking account in any event of the relevant selection criteria set out in Annex III of the amended Directive. It is also required to publish its determination. The Department shall include in its environmental statement an outline of the main alternatives studied by it and an indication of the main reason for its choice, taking into account the environmental effects. It shall publish the environmental statement within a reasonable time to ensure that the public concerned is given an opportunity to express an opinion before it publishes its decision as to whether to initiate the project. The regulations provide for consultation between Member States in cases where the project is likely to have a significant effect on the environment in other Member States.

The regulations make consequential amendments to Article 133 of the Order and revoke the Roads (Assessment of Environmental Effects) Regulations (Northern Ireland) 1994.

Copies of Council Directive 85/337/EEC and 97/11/EC referred to in the regulations may be obtained from the Commission of the European Communities, Windsor House, 9/15 Bedford Street, Belfast BT2 7EG, telephone number [phone].

A copy of Command Paper 9424 may be obtained from the Stationery Office, 16 Arthur Street, Belfast BT1 4GD, telephone number [phone].