Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) Regulations (Northern Ireland) 2006

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.

(2) In these Regulations—

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding or keeping, the use of land as grazing land, meadowland, osier land, reed beds, market gardens and nursery grounds;

“additional environmental information” in any case where an environmental statement has been prepared means any information relating to the statement which is not contained in it;

“consent” means consent granted under regulation 12(1) of these Regulations;

“consultation bodies” means such authorities, bodies or persons mentioned in Schedule 1 as the Department considers appropriate;

“the Department” means the Department of Agriculture and Rural Development;

“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed in Brussels on 17th March 1993;

“the EIA Directive” means Council Directive 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97/11 and Council Directive 2003/35;

“environmental statement” in relation to any project means a statement that—

(a)

includes such of the information referred to in Part I of Schedule 3 as is reasonably required to assess the environmental effects of the project and which the applicant for consent for that project can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, and

(b)

includes at least the information referred to in Part II of Schedule 3.

“European site” means those sites described in paragraphs (a), (b), (c) and (d) of regulation 9(1) of the Habitats Regulations;

“the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(2);

“the Habitats Regulations” means the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995(3);

“interested parties” means those persons who notify the Department in accordance with regulation 14(5) that they wish to make representations in respect of an appeal;

“local advertisement” means a notice in one or more newspapers circulating in the immediate locality of the project to which it relates;

“general advertisement” means publication of a notice—

(c)

in the Belfast Gazette; and

(d)

on the Website maintained by the Department.

“project” means—

(e)

the execution of construction works or other installations or schemes; or

(f)

other interventions in the natural surroundings and landscape, involving the use of uncultivated land or semi-natural areas for intensive agricultural purposes;

“relevant land” means the land on which a project is to be carried out or, in relation to a project which has already been carried out, has been carried out;

“relevant project” means a project which the Department has decided (or is deemed to have decided) is likely to have significant effects on the environment;

“screening decision” means a decision taken by the Department under regulation 5(4) or which is has been deemed to have taken under regulation 5(7).

(3) Unless it is otherwise provided, expressions used both in these Regulations and the EIA Directive or in the Habitats Directive shall have the same meaning in these Regulations as they have in that Directive.

(4) All applications, notifications, representations, requests, approvals and agreements to which these Regulations apply shall be made in writing.

(5) “Writing” for the purpose of paragraph (4) shall include an electronic communication within the meaning of the Electronic Communications Act (Northern Ireland) 2001(4) provided that notifications required to be made by the Department to any person shall only be made by an electronic communication if the intended recipient has himself used the same form of electronic communication in communicating with the Department pursuant to any provision of these Regulations or has otherwise represented that the same form of electronic communication is a means by which persons can communicate with him.

(1)

O.J. No. L175, 5.7.85, p.40, as last amended by Council Directive 97/11/EC, O.J. No. L73, 14.3.97, p5-15 and Council Directive 2003/35/EC, O.J. No. L156, 25.06.03, p17-25

(2)

O.J. No. L206, 22/07/1992, p.7, as last amended by Council Directive 97/62/EC, O.J. No. L305, 8.11.97, p.42

(3)

S.R. 1995 No.380

(4)

2001 c. 9 (N.I.1)