The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations (Northern Ireland) 2007

Screening opinion of the Department

4.—(1) A person who is minded to apply for a fish culture licence as regards fish farming in marine waters may request the Department to state in writing its opinion as to whether an environmental assessment is required for it under regulation 3(1).

(2) A request under paragraph (1) shall be accompanied by—

(a) a map or chart showing the location and extent of the site of the proposed fish farm;

(b) a brief outline of the proposed annual scale of production in tonnes (deadweight), the biomass capacity of the proposed development, the equipment to be installed on site and of the possible effects of the proposed development on the environment;

(c) a statement of the proposed servicing methods and of any intended associated development; and

(d) such other information or representations as the person making the request may wish to provide or make.

(3) The Department shall, if it considers that it has not been provided with sufficient information to enable it to give an opinion on the questions raised, notify the person making the request in writing of the matters on which it requires further information.

(4) In coming to a view as to whether consideration of environmental information is required the Department shall consult—

(a) such authorities, bodies or persons mentioned in Schedule 3 and other bodies with specific environmental responsibilities as it considers appropriate (“the Consultation bodies”); and

(b) such persons as are in its opinion likely to be affected by the proposed fish farm.

(5) The Department shall respond to a request under paragraph (1) within 6 weeks commencing with the date of receipt of the request or such longer period as may be agreed with the person making the request.

(6) In giving a screening opinion the Department shall take into account such of the selection criteria as are relevant to the proposed development.

(7) If, in response to such a request, the Department expresses a screening opinion to the effect that consideration of environmental information would be required before a fish culture licence could be granted for the proposed development, it shall provide with the screening opinion a written statement giving clearly and precisely the reasons for its conclusion and shall by notice require the applicant to supply the authorities, bodies and persons, which have been consulted under paragraph (4), with such further information about the proposed development as they may request.

(8) Where the Department expresses a screening opinion referred to in paragraph (7) it shall inform the persons consulted under regulation 4(4) of the requirement for an environmental statement and that they may be required to make available to the applicant, in accordance with regulation 7(1), any information in their possession which he or they consider relevant to the preparation of an environmental statement.

(9) The Department shall by general and local advertisement—

(a) publish a copy of any opinion given pursuant to a request under paragraph (1) and any accompanying statement of reasons;

(b) publish copies of the relevant request and the documents which accompanied it;

(c) state that any person may make representations to the Department in writing in relation to the likely environmental effects of the proposed development in question at an address specified in the notice within 28 days of the date of the publication of the notice in the Belfast Gazette; and

(d) describe what other information relating to the environmental effects of the proposed development is available and give details of where it can be obtained.

(10) Where, in any case, the Department expresses a screening opinion to the effect that consideration of environmental information would not be required before a fish culture licence could be granted for a proposed development and publishes a copy of that opinion in accordance with paragraph (9)(a), any person aggrieved by the decision may appeal to the Appeals Commission.

(11) Upon such an application the Commission shall consider whether an environmental assessment is required in the case and, if it decides that one is required, it shall—

(a) notify the Department accordingly; and

(b) give it a statement of its reasons for that conclusion.

(12) Where the Department has, in any case, been given a notification under paragraph (11) it shall substitute a new opinion, which is in accordance with the decision of the Appeals Commission, for the one previously expressed by it in the case and for the purposes of these Regulations that new opinion shall be treated as the only screening opinion in that case.

(13) Where the Department has substituted a new opinion for a previous one under paragraph (12), it shall by general and local advertisement—

(a) give notice of the decision of the Appeals Commission, of the reasons for that decision and publish a copy of the new opinion;

(b) publish information about where copies of the relevant request for a screening opinion and of the documents which accompanied it may be inspected;

(c) state that any person may make representations to the Department in writing in relation to the likely environmental effects of the proposed development in question at an address specified in the notice within 28 days of the publication of the notice in the Beflast Gazette; and

(d) describe what other information relating to the environmental effects of the proposed development is available and give details of where it may be obtained.

(14) In any case where paragraph (13) applies, any reference in these Regulations to the period specified in paragraph (9) (c) shall be construed as a reference to the period specified in paragraph (13)(c).