Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations.)

1.  The Environmental Assessment (Forestry) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 437 – “the 1998 Regulations”) provided for the implementation in relation to forestry projects of Council Directive 85/337/EEC (“the Directive”) on the assessment of the effects of certain public and private projects on the environment. The Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000 amend the 1998 Regulations to implement changes to the Directive made by Council Directive 97/11/EEC. They also implement the extension of both Directives to the Contracting Parties of the European Economic Area (EEA) under Article 74 and Annex XX paragraph 1.1 of the Agreement on the European Economic Area, as given effect by Decision No. 20/1999 of the EEA Joint Committee adopted on 26th February 1999 (not yet published).

These Regulations restate the provisions in the 1998 Regulations with revisions and amendments and the 1998 Regulations are therefore revoked.

2.  Regulation 2 defines terms used in the Regulations. As in the 1998 Regulations, there is a prohibition on carrying out any work or operations in relation to a project which is a “relevant project” (as defined) unless consent has been obtained from the Department. A further new provision gives the Department power, in accordance with Directive 85/337/EEC, as amended, to exempt particular projects from the application of the Regulations (regulation 4).

3.  “Relevant project” is defined in regulation 3 as one of four types of project relating to forestry which does not constitute development regulated by the legislation on town and country planning but which is likely to have substantial effects on the environment. In a new provision, a project which covers an area falling below certain thresholds specified in Schedule 2 to the Regulations is to be treated as not likely to have substantial effects on the environment. However, the Department has power to treat such a project as a relevant project requiring consent where, in its opinion, exceptional circumstances make it likely that the project will have substantial effects on the environment.

4.  A person who proposes to carry out a project may apply to the Department for an opinion as to whether the project is a relevant project. If dissatisfied with that opinion he may apply to the Department to reconsider its opinion. In determining that issue account must be taken of the environmental criteria set out in Schedule 3. A new provision enables the Department to issue an opinion without receiving an application. An opinion that the project is not a relevant project will lapse if the project is not completed within five years (regulations 5 to 8).

5.  The proposer of a project may also seek an opinion from the Department as to the information that should be included in the environmental statement attached to an application for consent (regulation 9).

6.  Applications to the Department for consent for a relevant project must be accompanied by an environmental statement which must contain the information required by Schedule 1 to the Regulations. The Department may request further information and any other bodies holding relevant information are required to make it available. There are requirements to publish the application and any further information and to invite representations. Where it appears that the project may be likely to have significant effects on the environment in another State of the European Economic Area, provision is made for the authorities of that State to be consulted before a decision is made. In making its decision the Department is required to have regard to the environmental statement and the direct and indirect effects on environmental factors specified in Schedule 4. The Department’s decision must be notified in writing (regulations 10 to 16).

7.  Where consent is refused the person proposing the project may request the Department to reconsider its decision (regulation 17). There is a requirement that any consent granted by the Department be subject to specified conditions (regulation 18).

8.  The Department is given powers to serve enforcement notices where relevant projects are carried out without consent or in breach of conditions. The person served with such a notice may request the Department to review an enforcement notice. Penalties are specified for breach of an enforcement notice. A power of entry and certain default powers are conferred on officers authorised by the Department (regulations 19 to 22).

9.  The Department is required to keep a register of directions, opinions, and determinations for public inspection (regulation 23).

10.  Transitional provisions apply, including treatment of ongoing applications etc. under the 1998 Regulations as if they had been made under these Regulations (regulation 24).