Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001

Explanatory Note

(This note is not part of the Regulations.)

1.  The Drainage (Environmental Assessment) Regulations (Northern Ireland) 1991 as amended by the Drainage (Environmental Assessment) (Amendment) Regulations (Northern Ireland) 1998 provided for the implementation in relation to drainage schemes and drainage works carried out by the Department of Agriculture and Rural Development (“the Department”), of the requirements of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L175, 5.7.85, p. 40). The Drainage (Environmental Impact Assessment) Regulations 2001 (which revoke and re-enact with amendments the 1991 Regulations) implement the changes to Directive 85/337/EEC made by Council Directive 97/11 EC (O.J. No. L73, 14.3.97, p. 5). 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 in Decision No. 20/1999 of the EEA Joint Committee adopted on 26th February 1999.

2.  The Regulations bind respectively the Department of Agriculture and Rural Development in the execution of drainage works and schemes under the Drainage (Northern Ireland) Order 1973, and the Department of Culture, Arts and Leisure in the execution of canal schemes and marina works under Part III of the Water (Northern Ireland) Order 1999.

Part II of the Regulations implements the Directive in relation to—

(a) works carried out under the Drainage (Northern Ireland) Order 1973, other than drainage schemes; and

(b) works to construct a marina carried out under Part III of the Water (Northern Ireland) Order 1999.

Part III of the Regulations further amends the Drainage Order in respect of drainage schemes and also amends the Water Order in respect of canal schemes.

The Regulations prohibit the responsible Department carrying out drainage works or marina works under Part III of the Water Order, drainage schemes or canal schemes unless specified conditions are met. Firstly the requirements of the Regulations must have been complied with, including the preparation of an “environmental statement” for the purposes of assessing proposed works or schemes which are likely to have significant effects on the environment. Secondly, in specified cases, the Water Appeals Commission must have given consent, and the works or scheme must be carried out in accordance with any conditions to which the consent is subject.

3.  The principal requirements of the Regulations are as follows:—

(a) the responsible Department must determine whether the proposed works or scheme are likely to have significant effects on the environment (regulations 5 and 18 and Schedule 2);

(b) where the responsible Department considers that the works or scheme have such effects it must publicise its intention to carry out the works. If no representations are received to the effect that the environmental effects are likely to be significant, it may proceed. If the Department concludes that the works are likely to have significant effects on the environment, it must publicise its determination. If representations are received that the environmental effects are likely to be significant, but the Department still considers otherwise, it must apply to the Water Appeals Commission for a determination (regulations 6 and 18);

(c) where the works or scheme are determined to be likely to have significant effects on the environment the responsible Department must publicise its intention to prepare an environmental statement, notify the specified consultation bodies and prepare the statement (regulations 7 and 18);

(d) at the request of the responsible Department the Water Appeals Commission must give an opinion on the contents of the environmental statement (regulation 9 and regulation 18) and other persons or authorities must make available any relevant information (regulations 10 and 18);

(e) the responsible Department must publicise the preparation of the environmental statement, and any further environmental information and make it available to the public and copy it to consultation bodies (regulation 11, 14 and 18);

(f) where the drainage works or scheme would be likely to have significant effects on the environment of another EEA State, the responsible Department must provide information to and consult that EEA State (regulations 13 and 18); and

(g) the environmental effects of the drainage works or scheme must be assessed in the light, in particular, of the environmental statement and representations. If there are no objections the responsible Department may determine that it will proceed with the works or scheme. If there are objections, the proposal must be referred to the Water Appeals Commission for a determination consenting or refusing consent to the works. Determinations must be publicised (regulations 14 and 18).

4.  The Regulations also provide for reasonable charges for copy documents, revocations, savings and amendments (regulations 12, 18, 22 and 23).