The Roads (Northern Ireland) Order 1993

[F1 Environmental impact assessment N.I.

67.— (1) In this Part—

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Annex” means an Annex to the Directive;

• [F3 “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council, as amended by Directive 2014/52/EU of the European Parliament and of the Council;]

• [F4 “EEA State” has the meaning given in Schedule 1 to the Interpretation Act 1978;]

• [F5 “EIA report” means an environmental impact assessment report prepared in accordance with paragraphs (5) and (6);]

• [F5 “environmental impact assessment” means a process consisting of—

  (a)

  the preparation of an EIA report by the Department;

  (b)

  the carrying out of any consultation, publication and notification required by Article 67A and, where relevant, Article 67B;

  (c)

  the examination by the Department of the environmental information;

  (d)

  the reasoned conclusion by the Department on the significant effects of the project on the environment, taking into account the results of the examination referred to in paragraph (c) and, where appropriate, its own supplementary examination; and

  (e)

  the integration of that reasoned conclusion into the decision as to whether to proceed with the project;]

• [F5 “environmental information” means—

  (a)

  the EIA report;

  (b)

  any supplementary information obtained under paragraph (7);

  (c)

  any relevant information, including representations, received through the consultation required by Article 67A and, where relevant, Article 67B; and

  (d)

  any representations duly made by any other person about the environmental effects of the project;]

• [F6 “the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, as last amended by Council Directive 2013/17/EU;]

• [F5 “Habitats Regulation Assessment” means an assessment under regulation 43 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995;]

• [F5 “improvement”, in relation to a road, has the meaning given by Article 43;]

• “member of the public” includes any body of persons;

• [F7 “project” means a project for the construction of a new road or for the carrying out of works for the improvement of a road;]

• [F7 “public concerned” has the same meaning as it has in Article 1 (2) of the Directive;]

• “relevant project” means a project for constructing or improving a road where the area of the proposed works—

  (a)

  exceeds 1 hectare; or

  (b)

  is situated in whole or in part in a sensitive area.

• F8 ...

(2) In paragraph (1) in the definition of “relevant project”

• “area of the proposed works” includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation; and

• “sensitive area” means any of the following—

  (a)

  an area of special scientific interest, that is to say, land so declared under [F9 Article 28 of the Environment (Northern Ireland) Order 2002] ;

  (b)

  an area of outstanding natural beauty, that is to say, an area so designated under Article 14(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

  (c)

  a National Park, that is to say, an area so designated under Article 12(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

  (d)

  [F10 a property appearing on the World Heritage List kept under Article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage,]

  (e)

  a scheduled monument within the meaning of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995;

  (f)

  a European site within the meaning of regulation 9 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995[F11 ;]

  (g)

  [F12 a marine conservation zone, that is to say, an area of sea so designated under section 13 of the Marine Act (Northern Ireland) 2013.]

[F13 (2A) For the purposes of this Part, Annex III and Annex IV are to be read with the following modifications—

(a) in Annex III—

(i) in point 2(c)(v), for the words from “Natura 2000” to the end, there were substituted “areas forming part of Natura 2000 (as defined in regulation 2(2) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995);

(ii) in point 2(c)(vi), the reference to Union legislation were a reference to retained EU law;

(b) in Annex IV—

(i) in point 4, the reference to Article 3(1) were a reference to Article 67(8) of this Order;

(ii) in point 5, in the text following paragraph (g)—

(aa) the reference to Article 3(1) were a reference to Article 67(8) of this Order;

(bb) the words “established at Union or Member State level” were omitted;

(iii) in point 8, for the second sentence, there were substituted—

“Relevant information available and obtained through risk assessments pursuant to retained EU law (having the same meaning as in the European Union (Withdrawal) Act 2018), such as any law which implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom, or relevant assessments undertaken under other domestic legislation may be used for this purpose provided that the requirements of any law which implemented this Directive in Northern Ireland are met.]

(3) If the Department is considering a project for constructing or improving a road the Department must, before details of the project are published, determine whether or not the project [F14 is of a type specified in Annex I or Annex II] .

[F15 (4) The Department may direct that this Part does not apply in relation to a particular proposed project specified in the direction either—

(a) [F16 if the circumstances are exceptional and the Department considers that—

(i) compliance with this Part would have an adverse effect on the fulfilment of the purpose of the project;

(ii) the objectives of the Directive will be met even though an environmental impact assessment is not carried out; and

(iii) the project is unlikely to have significant effects on the environment in an EEA State;]; or

(b) if the project comprises or forms part of a project having the response to civil emergencies as its sole purpose, and in the opinion of the Department compliance with this Part would have an adverse effect on that purpose.

(4A) Where the Department gives a direction under paragraph (4) (a), it must—

(a) make available to the public by general and local advertisement the information considered in making the direction and the reasons for making the direction;

(b) consider whether another form of assessment would be appropriate;

(c) make available to the public any information obtained under that other form of assessment;

F17 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) Subject to paragraph (4), where the Department determines that a project—

(a) [F18 is of a type specified in] Annex I; or

(b) is a relevant project [F19 of a type specified in] Annex II and determines that the project should be subject to an environmental impact assessment,

it must prepare an EIA report.

(4C) Where the Department has to make a determination under paragraph (4B) (b) as to whether a relevant project [F20 of a type specified in] Annex II should be subject to an environmental impact assessment, it must take into account in making that determination—

(a) the information compiled by the Department on the characteristics of the project and its likely significant effects on the environment, including the information specified in Annex IIA;

(b) such of the selection criteria set out in Annex III as are relevant to the project; and

(c) where relevant, the available results of other environmental assessments of the effects of the project carried out pursuant to [F21 retained EU law] other than legislation implementing the requirements of the Directive.

(4D) Where the Department makes a determination under paragraph (3) or (4B), it must make that determination available to the public in accordance with paragraph (4E), and the determination must—

(a) state the main reasons for the determination, with reference to the relevant criteria set out in Annex III; and

(b) where the determination is to the effect that the project should not be subject to an environmental impact assessment, state any features of the project and measures envisaged to avoid or prevent what otherwise might have been significant adverse effects on the environment.

(4E) The Department must make available to the public the determination, including any accompanying statement of reasons, on a website used by the Department for the purpose of giving information to the public about projects.]

[F22 (5) An EIA report prepared by the Department must include at least—

(a) a description of the project comprising information on the site, design, size and other relevant features of the project;

(b) a description of the likely significant effects of the project on the environment;

(c) a description of the features of the project and measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(d) a description of the reasonable alternatives studied by the Department which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment;

(e) a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and

(f) any additional information specified in Annex IV relevant to the specific characteristics of the particular project or type of project and to the environmental features likely to be affected.

(6) The EIA report referred to in paragraph (5) must—

(a) be prepared by competent experts in order to ensure the completeness and quality of the EIA report;

(b) contain a statement by the Department setting out how sub-paragraph (6)(a) has been complied with;

(c) include the information reasonably required for reaching a reasoned conclusion on the significant effects of the project on the environment, taking into account current knowledge and methods of assessment; and

(d) with a view to avoiding duplication of assessments, be prepared taking into account the available results of other relevant assessments under [F23 retained EU law] or other legislation applicable in Northern Ireland.

(7) In order to ensure the completeness and quality of the EIA report, the Department must where necessary obtain supplementary information about any matter referred to in paragraph (5) which is directly relevant to reaching a reasoned conclusion on the significant effects of the project on the environment.

(8) Where, in relation to a proposed project, an environmental impact assessment is to be carried out under this Part, the assessment must identify, describe and assess in an appropriate manner, in light of each individual case, the direct and indirect significant effects of the project on the following factors—

(a) population and human health;

(b) biodiversity, with particular attention to [F24 —

(i) species of naturally occurring birds in the wild state specified in Annex 1 to Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds, as amended by Council Directive 2013/17/EU;

(ii) natural habitat types listed in Annex I to the Habitats Directive;

(iii) animal and plant species listed in Annex II or Annex IV to the Habitats Directive;]

(c) land, soil, water, air and climate;

(d) material assets, cultural heritage and the landscape; and

(e) the interaction between the factors referred to in sub-paragraphs (a) to (d).

(9) The significant effects to be identified, described and assessed under paragraph (8) include—

(a) the operational effects of the project, where the project will have operational effects; and

(b) the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters, so far as relevant to the project.

(10) The Department must ensure that it has, or has access as necessary to, sufficient expertise to examine the EIA report.

(11) Where, in relation to a project, there is, in addition to a requirement for an environmental impact assessment to be carried out under this Part, a requirement to carry out a Habitats Regulation Assessment, the Department must, where appropriate, ensure that the Habitats Regulation Assessment and the environmental impact assessment are co-ordinated.]]

F1 SR 1999/89

F2 Art. 67(1): definition of "the Directive" omitted (10.9.2007) by virtue of Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(2)(a)(i) (with reg. 3)

F3 Words in art. 67(1) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 3(2)(a)

F4 Words in art. 67(1) substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in art. 67(1) inserted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 3(2)(b)

F6 Words in art. 67(1) inserted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in art. 67(1) inserted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 3(2)(c)

F8 Words in art. 67(1) omitted (31.12.2020) by virtue of The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in art. 67(2) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 3(3)(a)(i)

F10 Words in art. 67(2) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 3(3)(a)(ii)

F11 Art. 67(2): semi-colon substituted (16.5.2017) for full stop by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 3(3)(a)(iii)

F12 Words in art. 67(2) added (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 3(3)(a)(iv)

F13 Art. 67(2A) inserted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in art. 67(3) substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F15 Art. 67(4)-(4E) substituted (16.5.2017) for art. 67(4) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 3(4)

F16 Art. 67(4)(a) substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 67(4A)(d) omitted (31.12.2020) by virtue of The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(e); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in art. 67(4B)(a) substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in art. 67(4B)(b) substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in art. 67(4C) substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in art. 67(4C)(c) substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F22 Art. 67(5)-(11) substituted (16.5.2017) for art. 67(5)(6) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 3(5)

F23 Words in art. 67(6)(d) substituted (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(h); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 67(8)(b)(i)-(ii) substituted for words (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 2(2)(i); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Art. 67 modified (21.3.2019) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(3)(b), 3(2)(a)(i)

C2 Art. 67 modified (31.12.2020) by The Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/377), regs. 1(2), 3(2)(a)(ii), (b)-(d); 2020 c. 1, Sch. 5 para. 1(1)