The Roads (Northern Ireland) Order 1993

Changes over time for: Section 67A

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Changes and effects yet to be applied to Article 67A:

art. 67A(7C)(b) word substituted by S.I. 2023/1424 Sch. para. 35(2)(c)

[F1ProcedureN.I.

67A.—F2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(3) Where, in relation to a proposed project, the Department has prepared an EIA report, it shall publish, in accordance with paragraph (9), notice of the report so as to ensure that the public concerned and the consultation bodies are given a reasonable opportunity to express their opinion before the Department decides whether to proceed with the project.]

[F5(3A) The notice must state—

(a)that the Department is considering [F6proceeding with] the project;

(b)the proposed location and nature of the project;

(c)that the project is subject to the environmental impact assessment procedure required by this Part and, where relevant, that Article 67B applies;

(d)that a copy of the [F7EIA report] may be inspected at an address in the area in which the project is proposed to be situated during the period specified under sub-paragraph (i);

(e)the times at which the copy of the [F7EIA report] may be so inspected;

(f)an address from which copies of the [F7EIA report] may be obtained and from which further information about the project may be requested during the period specified under sub-paragraph (i);

(g)if a charge is to be made for a copy of the [F7EIA report] , the amount of the charge;

[F8(h)that a copy of the EIA report and a non-technical summary of the report may be inspected on a website used by the Department for the purpose of giving information to the public about the project during the period specified under sub-paragraph (i), and the address of the website;]

[F9(ha)an indication of the availability of other information gathered in the development of the EIA report;]

(i)that any person wishing to make any representations about the project and the [F10EIA report] may do so in writing to the Department at a specified address within a specified period, being not less than 6 weeks from the date of publication of the notice; and

(j)that the Department will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

(3B) The Department shall ensure that during the period specified under sub-paragraph (3A)(i)—

(a)copies of the [F11EIA report and supplementary information, as referred to in Article 67(7), used in reaching the decision] are available for inspection by any person free of charge at all reasonable hours at the address [F12specified under] sub-paragraph (3A)(d);

(b)copies of the [F13EIA report] are available to be obtained by any person from the address [F14specified under] sub-paragraph (3A)(f); and

[F15(c)a copy of the EIA report and a non-technical summary of the report are available for inspection by members of the public on the website referred to in paragraph (3A)(h).]

(3C) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Department for the supply of a copy of the [F16EIA report] —

(a)to a person, other than a consultation body; or

(b)to a consultation body to which one copy has already been supplied free of charge.]

(4) The Department must ensure that the consultation bodies are given an opportunity to express an opinion on the F17. . . project and the [F18EIA report] before the Department decides whether to proceed with the construction or improvement to which the assessment relates.

(5) After considering any opinions which have been expressed in relation to the [F19EIA report] the Department shall cause a local inquiry to be held if it appears to the Department to be necessary to do so.

(6) Where a local inquiry is held any interested person shall be permitted to appear in person or by a representative and to be heard at the inquiry.

[F20(6A) Having considered the report of the person who held the inquiry, the Department will publish the report on its website.]

[F21(7) When deciding whether to proceed with a project the Department must—

(a)examine the environmental information;

(b)where a local inquiry is held under paragraph (5) consider the report of the person who held the inquiry;

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

(d)integrate that reasoned conclusion into the decision as to whether to proceed with the project; and

(e)if the decision is to proceed with the project, consider whether it is appropriate to implement monitoring measures.

(7A) The reasoned conclusion referred to in paragraph (7) must be up to date at the time that the decision as to whether to proceed with the project is taken.

(7B) The decision of the Department must—

(a)if the decision is to proceed with the project, incorporate—

(i)the reasoned conclusion referred to in paragraph (7)(c);

(ii)any conditions to which the decision is subject which relate to the likely significant effects of the project on the environment;

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

(iv)any monitoring measures considered appropriate by the Department; or

(b)if the decision is not to proceed with the project, state the main reasons for this decision.

(7C) When considering whether to implement a monitoring measure under paragraph (7)(e), the Department must—

(a)ensure that the type of parameters to be monitored and the duration of the monitoring are proportionate to the nature, locations and size of the proposed project and the significance of its effects on the environment;

(b)in order to avoid duplication of monitoring, consider whether monitoring arrangements required under [F22retained EU law] (other than legislation implementing the requirements of the Directive) or other legislation applicable in Northern Ireland are more appropriate than implementing a monitoring measure; and

(c)if monitoring is considered appropriate, consider whether provision should be made for potential remedial action.

(7D) Where mitigation measures or monitoring measures are required, the Department must take steps to ensure that those measures are implemented.]

[F23(8) When the Department has decided whether or not to proceed with a project which has been subject to an environmental impact assessment, it must promptly—

(a)inform the consultation bodies of the decision in writing;

(b)inform the public of the decision in accordance with paragraph (9); and

(c)make available for public inspection at an address in the area in which the project is proposed to be situated the following—

(i)information regarding the right under Article 67BA(1) to challenge the validity of the decision and the procedure for doing so;

(ii)the content of the decision, including the reasoned conclusion referred to in paragraph (7)(c), and any conditions attached to it or monitoring measures as referred to in paragraph (7B);

(iii)a statement containing the main reasons and considerations on which the decision is based, including information about the participation of the public; and

(iv)a summary of the results of the consultations carried out under this Article and, where relevant, Article 67B, and information gathered in respect of the project, and how those results (in particular comments received from an EEA State pursuant to consultation under Article 67B) have been incorporated or otherwise addressed.]

(9) Publication by the Department in accordance with paragraphs (1), (3) and (8) [F24 shall be—

(a)in the Belfast Gazette;

(b)in at least one local newspaper circulating in the area in which the project for the construction or improvement of the road is proposed to be situated; and

(c)[F25on a website used by the Department.]]

[F26(10) In this Article—

“the consultation bodies” means—

(a)

any district council for the area in which the proposed project is situated; and

(b)

any other bodies likely to be concerned by the proposed project by reason of their specific environmental responsibilities or local and regional competences;

“monitoring measure” means provision requiring the monitoring of any significant adverse effects on the environment of a project.]]

F1SR 1999/89

F2Art. 67A(1) omitted (16.5.2017) by virtue of The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 4(2)

F3Art. 67A(2) omitted (10.9.2007) by virtue of Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(a) (with reg. 3)

F4Art. 67A(3) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 4(3)

F5Art. 67A(3A)-(3C) inserted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(c) (with reg. 3)

F6Words in art. 67A(3A)(a) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 4(4)(a)

F7Words in arts. 67A(3A)(d)-(g) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 4(4)(b)

F8Art. 67A(3A)(h) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 4(4)(c)

F9Art. 67A(3A)(ha) inserted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 4(4)(d)

F10Words in art. 67A(3A)(i) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 4(4)(e)

F11Words in art. 67A(3B)(a) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 4(5)(a)(i)