2004 No. 514
ENVIRONMENTAL PROTECTION

The Air Quality Limit Values (Amendment) Regulations (Northern Ireland) 2004

Made
Coming into operation
The Department of the Environment, being a Department designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the control of pollution in ambient air, in exercise of the powers conferred on it by that section and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Air Quality Limit Values (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 7th January 2005.

(2)

The Interpretation Act (Northern Ireland) 19543 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Definitions2.

In these Regulations –

“the 2002 Regulations” means the Air Quality Limit Values Regulations (Northern Ireland) 20024;
“the 2003 Regulations” means the Air Quality (Ozone) Regulations (Northern Ireland) 20035.

Amendments to the 2002 Regulations and the 2003 Regulations concerning public participation3.

(1)

In regulation 2(1) of the 2002 Regulations, insert after the definition of “oxides of nitrogen” –

““public” means natural or legal persons, including health care bodies and other organisations having an interest in ambient air quality and representing the interests of sensitive populations, consumers and the environment;”.

(2)

In the definition of “public” in regulation 2 of the 2003 Regulations for “has the meaning given in regulation 8(6)” substitute “means natural or legal persons, including health care bodies and other organisations having an interest in ambient air quality and representing the interests of sensitive populations, consumers and the environment;”.

(3)

In regulation 9 of the 2002 Regulations, insert after paragraph (9) –

“(9A)

The Department shall, in accordance with paragraphs (9B) and (9C), ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of the plans or programmes required to be drawn up under paragraph (3).

(9B)

The Department shall –

(a)

ensure that the public is informed, whether by public notices or other appropriate means such as electronic media, about any proposals for such plans or programmes or for their modification or review;

(b)

ensure that relevant information about the proposals referred to in sub-paragraph (a) is made available to the public, including information about the right to participate in decision-making;

(c)

ensure that the public is entitled to make comments before decisions on the plans and programmes are made;

(d)

in making those decisions, take due account of the results of the public participation; and

(e)

having examined the comments made by the public make reasonable efforts to inform the public about –

(i)

the decisions taken and the reasons and considerations on which those decisions are based; and

(ii)

the public participation process.

(9C)

The Department shall publish any information required to carry out its functions under paragraphs (9A) and (9B) in such manner as it considers appropriate for the purpose of bringing it to the attention of the public and shall –

(a)

make copies of such information accessible to the public free of charge through the website of the Department of the Environment, Environmental Policy Division; and

(b)

specify in a notice on the website the detailed arrangements made to enable participation in the preparation, modification or review of the plans or programmes, including –

(i)

the address to which comments may be submitted; and

(ii)

the time-frame for any such comments allowing sufficient time for each of the different stages of public participation by paragraphs (9A) and (9B).”.

(4)

Regulation 11(7) of the 2002 Regulations and regulation 8(6) of the 2003 Regulations are hereby revoked.

Additional amendment to the 2002 Regulations4.

In regulation 7(6), insert after “equivalent results” “or, in relation to the sampling and measurement of PM10, which the Department considers can be demonstrated to display a consistent relationship to the reference method.”.

Sealed with the Official Seal of the Department of the Environment on 17th December 2004.

Ian T. Maye
A senior officer of the
Department of the Environment
(This note is not part of the Regulations.)

These Regulations amend the Air Quality Limit Values Regulations (Northern Ireland) 2002 (S.R. 2002 No. 94) (the “2002 Regulations”) and the Air Quality (Ozone) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 240) (the “2003 Regulations”).

The Regulations amend the 2002 Regulations and the 2003 Regulations for the purpose of implementing Article 2 of Directive 2003/35/EC of the European Parliament and of the Council on public participation in respect of the drawing up of certain plans and programmes relating to the environment6.
Regulation 4 adds an alternative method for the sampling and measurement of PM10 to bring it in line with the methods provided for in Council Directive 99/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air7.