PART 2Amendments to secondary legislation

Amendments to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 20179

I11

The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 shall be amended as follows—

I12

In regulation 2(2)—

a

at the end of the definition of “the Directive” insert “as it had effect immediately before exit day”; and

b

for the definition of “Union legislation” substitute—

  • “Union legislation” means retained EU law;

3

In regulation 3—

I1a

in paragraph (1)(b), omit “in accordance with Article 2.4 of the Directive (but without prejudice to Article 7 of the Directive),”;

I2b

after paragraph (1) insert—

1A

The Department must not make a direction under paragraph (1)(b) that a project is exempt unless, where the Department considers that the development is likely to have significant effects on the environment in an EEA State, or where an EEA State likely to be significantly affected so requests, the Department has carried out a form of consultation with that EEA State broadly equivalent to the form described in regulation 29 or 30, as appropriate, or is satisfied that such an equivalent consultation has been carried out, before planning permission or subsequent consent is granted in respect of the development.

I2c

after paragraph (3) insert—

4

Before planning permission or subsequent consent is given in respect of a development which is exempt under paragraph (1)(b), the council or, as the case may be, the Department, must take into account the results of—

a

any other assessment considered appropriate by the Department under paragraph (3)(b); and

b

any consultation with an EEA State carried out under paragraph (1A) about the development.

I14

In regulation 5(2)(b) after “under” insert “any law that implemented”.

I15

In regulation 29—

a

in the heading and in paragraphs (1), (2) and (3), for “another”, in each place it occurs, substitute “an”;

b

in paragraph (5) for “referred to in Article 6.1 of the Directive” substitute “which the EEA State designated to be consulted about the project”; and

c

in paragraph (6)(b) omit “other”.

I16

In regulation 30—

a

in the heading for “another” substitute “an”;

b

in paragraph (1)—

i

for “another” substitute “an”;

ii

omit “, pursuant to Article 7.1 or 7.2 of the Directive,”;

iii

omit “, in accordance with Article 7.4 of the Directive”; and

iv

in sub-paragraph (b)—

aa

for “in that EEA State” substitute “(which the EEA State designated as responsible for performing the duties arising from the Directive)”; and

bb

omit “pursuant to Article 7.3(b) of the Directive”; and

c

in paragraph (2)(c) omit “in order to comply with Article 9.2 of the Directive”.

I17

In regulation 32, after the word “compliance” substitute “with the requirements of any law which implemented the Directive and the objectives of the Directive”.

I18

In regulation 40(a), in the text substituting regulation 29(1), for “another” substitute “an”.

I19

In Schedule 1—

a

in paragraph 22 after “pursuant to” insert “Chapter 3 of Part 1 of the Energy Act 200824 and any law that implemented”; and

b

in paragraph 23 after “pursuant to” insert “Chapter 3 of Part 1 of the Energy Act 2008 and any law that implemented”.

I110

In Schedule 2, in the table in paragraph 1 in item 3(k), after “pursuant to” insert “Chapter 3 of Part 1 of the Energy Act 2008 and any law that implemented”.

I111

In Schedule 4—

a

in paragraph 5—

i

for “Member State level” substitute “United Kingdom level (as they had effect immediately before exit day)”; and

ii

after “those established under” insert “any law that implemented”; and

b

in paragraph 8—

i

after “such as” insert “any law that implemented”; and

ii

after “requirements of” insert “any law that implemented”.