Environmental Assessment (Forestry) Regulations (Northern Ireland) 1998

Revocation and transitional provisions

19.—(1) The Environmental Assessment (Afforestation) Regulations (Northern Ireland) 1989(1) (in this regulation called “the 1989 Regulations”) are revoked.

(2) Where, before the date of coming into operation of these Regulations, a request for an opinion under regulation 4 of the 1989 Regulations has been received by the Department but the Department has not given its opinion in relation to that application—

(a) the application shall be treated as an application under regulation 4(1) of these Regulations;

(b) any notification by the Department under regulation 4(3) of the 1989 Regulations shall be treated as a notification under regulation 4(3) of these Regulations; and

(c) so much of the period specified in regulation 5(1) of these Regulations as has expired before the date of coming into operation of these Regulations shall be taken into account as if that regulation had been in operation when the period began to run.

(3) Where, before the date of coming into operation of these Regulations, the Department has received a request under regulation 4(6) or 5(2)(b) of the 1989 Regulations but has not made any decision in relation to that request—

(a) the application shall be treated as an application under regulation 6(1) of these Regulations;

(b) any notification by the Department under regulation 6(3) of the 1989 Regulations shall be treated as a notification under regulation 6(3) of these Regulations;

(c) so much of the period specified in regulation 6(4) of these Regulations as has expired before the date of coming into force of these Regulations shall be taken into account as if that regulation had been in force when the period began to run.

(4) Where an application for a grant under section 2(1) of the Forestry Act (Northern Ireland) 1953(2) has been received by the Department before the coming into operation of these Regulations, any environmental information provided, consultations undertaken or other things done under the 1989 Regulations for the purpose of the Department’s taking into consideration environmental information in respect of the project that is the subject of the application, shall be treated as having been provided, undertaken or done under the corresponding provision of these Regulations as if the application were an application for consent.

(5) Where an application for a grant under section 2(1) of the Forestry Act (Northern Ireland) 1953 in respect of any relevant project has been approved by the Department before the date of coming into operation of these Regulations—

(a) the relevant project shall be deemed to have consent subject to conditions as required by regulation 14 (and on the basis that the Department had specified the maximum times permitted by that regulation) in addition to the conditions (if any) to which the grant is subject; and

(b) consent shall be deemed to have been given when the Department made its decision to make the grant for the project.

(1)

S.R. 1989 No. 226

(2)

1953 c. 2 (N.I.)