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Environmental Assessment (Forestry) Regulations (Northern Ireland) 1998

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Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

  • “afforestation” has the same meaning as in Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(1);

  • “the Department” means the Department of Agriculture for Northern Ireland;

  • “environmental information” means information in the environmental statement and any other information provided in accordance with these Regulations in relation to

    (a)

    an application for consent;

    (b)

    any reconsideration under regulation 13; or

    (c)

    any request for a review under regulation 16,

    relating to the likely environmental effects of the subject matter of the application or, as the case may be, reconsideration or review;

  • “environmental statement” means a statement such as is described in the Schedule;

  • “project” means the execution of construction works or of other installations or schemes or other intervention in the natural surroundings or landscape including those involving the extraction of mineral resources;

  • “proposer” in relation to any project means the person who proposes to carry out the project;

  • “relevant project” means a project which is likely to have a significant effect on the environment and is—

    (a)

    initial afforestation where this may lead to adverse ecological changes, or

    (b)

    the construction of a forest road where such construction is permitted development by virtue of sub-paragraph (b) of Class A of Part 7 of Schedule 1 to the Planning (General Development) Order (Northern Ireland) 1993(2), or,

    (c)

    operations to obtain the materials required for the formation, alteration or maintenance of private ways where such operations are permitted development by virtue of sub-paragraph (c) of Class A of Part 7 of Schedule 1 to the Planning (General Development) Order (Northern Ireland) 1993.

(2) In these Regulations, any reference to an enforcement notice shall be construed as an enforcement notice served by the Department under regulation 15(1) and as including, as the context requires, a reference to a notice of variation under regulation 15(6)(a) or to an enforcement notice as so varied.

(3) Any reference in these Regulations to a consent shall be construed as a reference to the consent of the Department required under regulation 3.

(4) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

(1)

O.J. No. L174, 5.7.85, p. 40

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