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The Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003

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Applications relating to harbour works where a prior opinion has been given

5.—(1) This regulation shall apply where an application is made for approval to undertake harbour works and an opinion has been given to the developer under regulation 4(1) that the appropriate Department would consider that such an application relating to the same, or substantially the same proposed works, would relate in whole or in part to harbour works to which these Regulations apply.

(2) In any case to which this regulation applies, the developer shall not commence the proposed harbour works unless paragraph (3) or (7) applies or the appropriate Department consents thereto under regulation 11(2).

(3) Where it appears to the appropriate Department that the proposed harbour works do not constitute a project falling within Annex I or Annex II to the Directive, it shall in writing notify its decision to the developer and, subject to paragraph (6) it shall take no further action on the application pursuant to these Regulations.

(4) Where it appears to the appropriate Department that the proposed harbour works constitute a project falling within Annex I to the Directive –

(a)it shall in writing notify its decision and the reasons for its decision to the developer, and

(b)paragraphs (9) and (10) shall apply.

(5) Where it appears to the appropriate Department that the proposed harbour works constitute a project falling within Annex II to the Directive –

(a)it shall determine whether, taking into account the selection criteria, the works constitute a relevant project,

(b)it shall in writing notify its decision to the developer, and

(c)where it determines that, taking into account the selection criteria, the works constitute a relevant project, it shall in writing notify the reasons for its decision, to the developer.

(6) The appropriate Department shall make available for public inspection at all reasonable hours at a place within the locality of the harbour where the harbour works are proposed to be carried out, a copy of –

(a)its decision under paragraph (3), (4) or (5)(a), and

(b)any accompanying statement of reasons under paragraph (4) or (5)(c);

(7) Where the appropriate Department determines pursuant to paragraph (5)(a) that the works do not constitute a relevant project, then subject to the provisions of paragraphs (5) and (6) it shall take no further action on the application pursuant to these Regulations.

(8) Where the appropriate Department determines pursuant to paragraph (5)(a) that the works constitute a relevant project, paragraphs (9) to (11) shall apply.

(9) Where this paragraph applies, the appropriate Department shall direct the developer to supply it with an environmental statement in such form as it may specify.

(10) Subject to paragraph (11), the appropriate Department may require the developer to supply it with specified information in addition to the information specified in the opinion given to the developer pursuant to regulation 4(1)(b) in relation to the same, or substantially the same, proposed harbour works as are referred to in the application.

(11) The appropriate Department may specify information under paragraph (10) only if it is information of a type set out in Schedule 1 and the appropriate Department considers that –

(a)it is relevant to its decision under regulation 11 and to the specific characteristics of the proposed harbour works to which the application relates and to the environmental features likely to be affected; and

(b)(having regard inter alia to current knowledge and methods of assessment) the developer may reasonably be required to compile the information.

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