The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

Regulation 6(2)(a)

SCHEDULE 1 Information about characteristics of project for determination of whether it is a relevant project

1.  A description of the project, including in particular:

(a) a description of the physical characteristics of the whole project and, where relevant, of demolition works;

(b) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

2.  A description of the aspects of the environment likely to be significantly affected by the project.

3.  A description of any likely significant effects, to the extent of the information available on such effects, of the project on the environment resulting from—

(i) the expected residues and emissions and the production of waste, where relevant;

(ii) the use of natural resources, in particular soil, land, water and biodiversity.

4.  The criteria of Schedule 2 must be taken into account, where relevant, when compiling the information in accordance with paragraphs (1) to (3).

Regulation 6(5)(a)(iii)

SCHEDULE 2 Selection Criteria for Relevant Projects

Characteristics of projects

1.  The characteristics of projects must be considered having regard, in particular, to—

(a) the size and design of the whole project;

(b) the cumulation with other existing and/or projects;

(c) the use of natural resources, in particular land, soil, water and biodiversity;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge;

(g) the risks to human health (for example due to water consumption or air pollution).

Location of projects

2.  The environmental sensitivity of geographical areas likely to be affected by projects must be considered, with particular regard to—

(a) the existing and approved land use;

(b) the relative abundance, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands, riparian areas, river mouths;

(ii) coastal zones and the marine environment;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected in accordance with EEA States’ legislation; Natura 2000 areas designated by Member States pursuant to Directive 92/43/EEC and Directive 2009/147/EC;

(vi) areas in which there has already been a failure to meet the environmental quality standards laid down in Union legislation and relevant to the project, or in which it is considered that there is such a failure;

(vii) densely populated areas;

(viii) landscapes of historical, cultural or archaeological significance.

Characteristics of the potential impact

3.  The likely significant effects of projects on the environment must be considered in relation to criteria set out in accordance with paragraphs 1 and 2 of this Schedule, with regard to the impact of the project on the factors specified in regulation 4(1), taking into account —

(a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

(b) the nature of the impact;

(c) the transboundary nature of the impact;

(d) the intensity and complexity of the impact;

(e) the probability of the impact;

(f) the expected onset, duration, frequency and reversibility of the impact;

(g) the cumulation of the impact with the impact of other existing and/or approved projects;

(h) the possibility of effectively reducing the impact.

Regulation 8(1)

SCHEDULE 3 Information about Proposed Project

1.  A description of the relevant project, including in particular—

(a) a description of the location of the relevant project;

(b) a description of the physical characteristics of the whole relevant project, including where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

(c) a description of the main characteristics of the operational phase of the relevant project (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials used and natural resources (including water, land, soil and biodiversity) used;

(d) an estimate, by type and quantity, of expected residues and emissions (water, air and subsoil pollution, noise, vibration, light, heat, radiation etc.) resulting from the operation of the relevant project.

2.  A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the developer, which are applicable to the relevant project and its specific characteristics, and an indication of the main reasons, selecting the chosen option, including a comparison of the environmental effects.

3.  A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the relevant project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4.  A description of the factors specified in regulation 4(1) likely to be significantly affected by the project: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example inorganic matter, erosion, compaction, sealing), water (for example hydromorphogical changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5.—(1) A description of the likely significant effects of the relevant project on the environment resulting from, inter alia:

(a) the construction and existence of the relevant project, including, where relevant, demolition works;

(b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

(c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

(d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

(e) the cumulation of effects with other existing and/or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f) the impact of the relevant project on climate (for example the nature and magnitude for greenhouse gas emissions) and the vulnerability of the relevant project to climate change;

(g) the technologies and the substances used.

(2) The description of the likely significant effects on the factors specified in regulation 4(1) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the relevant project. This description should take into account the environmental protection objectives established at Union or Member State level which are relevant to the project.

6.  A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.

7.  A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description should explain the extent, to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.

8.  A description of the expected significant adverse effects of the relevant project on the environment deriving from the vulnerability of the relevant project to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to Union legislation such as Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom or relevant assessments carried out pursuant to national legislation may be used for this purpose provided that the requirements of the Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

9.  A non-technical summary of the information provided in accordance with the above headings.

10.  A reference list detailing the sources used for the descriptions and assessments included in the report.